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Legal Guidelines on Reduce, Reuse and Recycle
Waste for Government of Gujarat
A Research Report and Guidelines Prepared by
the Gujarat National Law University
Edited by
Bimal N. Patel
Director, Gujarat National Law University
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TABLE OF CONTENTS
Article I. LEAD ACID BATTERIES ............................................................................................ 7
INTRODUCTION ............................................................................................................... 7
LEGAL GUIDELINES FOR LEAD ACID BATTERIES FOR THE GOVERNMENT OF
GUJARAT IN COMPLIANCE WITH BATTERIES (HANDLING AND
MANAGEMENT) RULES, 2001........................................................................................ 9
LEGAL GUIDELINES FOR THE GUJARAT STATE POLLUTION CONTROL BOARD
........................................................................................................................................... 17
POLICY RECOMMENDATIONS FOR THE GOVERNMENT OF GUJARAT ............. 26
BRING FOREIGN TECHNICAL KNOW-HOW: ............................................................ 26
ALLOCATE FINANCIAL RESOURCES: ........................................................................ 27
PROACTIVE POLICY FRAMEWORK: ........................................................................... 27
TIE-UPS WITH NON-GOVERNMENTAL ORGANIZATIONS AND OTHER
RESEARCH INSTITUTES: .............................................................................................. 28
PROVIDE INCENTIVES TO BATTERY MANUFACTURERS/ RECYCLERS: ............ 28
STRENGTHING THE GUJARAT STATE POLLUTION CONTROL BOARD .............. 28
RATIONALE FOR LEGAL GUIDELINES FOR BATTERIES IN STATE OF GUJARAT
........................................................................................................................................... 29
THE INDIAN MILIEU HIGHLIGHTED: ....................................................................... 30
INDIAN CONTEXT AMPLIFIED: .................................................................................. 31
CONCLUSION .................................................................................................................. 34
Article II. E - WASTE.............................................................................................................. 36
THE QUINTESSENTIAL OBJECTIVE: IMPLEMENTATION OF AN E-WASTE
MANAGEMENT SYSTEM FOR THE STATE OF GUJARAT ........................................ 36
EMPHASIS ON INDIVIDUAL PRODUCER RESPONSIBILITY (IPR)- ...................... 37
LEGAL FRAMEWORK .................................................................................................... 38
LESSONS LEARNT ON E-WASTE MANAGEMENT FROM DEVELOPED
COUNTRIES ..................................................................................................................... 39
PROPOSED GUIDELINES .............................................................................................. 44
CONCLUSION .................................................................................................................. 59
Article III. ELECTRIC LAMPS (FTL, CFL, ICL AND SPECIAL LAMPS) ............................ 62
PREFACE .......................................................................................................................... 62
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FTLs (FLUORESCENT TUBE LIGHTS)......................................................................... 62
INTRODUCTION: ............................................................................................................ 62
BEST PRACTICES: .......................................................................................................... 63
PROPOSED GUIDELINES:............................................................................................. 64
CFLs (COMPACT FLUORESCENT LAMPS) ................................................................. 66
INTRODUCTION: ............................................................................................................ 66
BEST PRACTICES: .......................................................................................................... 66
PROPOSED GUIDELINES:............................................................................................. 69
INCANDESCENT BULBS ................................................................................................ 70
INTRODUCTION: ............................................................................................................ 70
BEST PRACTICES: .......................................................................................................... 71
PROPOSED GUIDELINES:............................................................................................. 71
CONCLUSION .................................................................................................................. 75
Article IV. CONTAINERS AND PACKAGING MATERIALS ................................................ 77
PROPOSED GUIDELINES .............................................................................................. 77
Article V. TEXTILE WASTE FROM INDUSTRIES.............................................................. 84
INTRODUCTION ............................................................................................................. 85
RECYCLE/REUSE ........................................................................................................... 88
BARRIERS TO RECOVER TEXTILE WASTE ............................................................... 95
LEGAL GUIDELINES FOR THE GUJARAT STATE WASTE MANAGEMENT
CONTROL BOARD .......................................................................................................... 98
POLICY RECOMMENDATIONS FOR THE GOVERNMENT OF GUJARAT: ............ 99
SOME IMPLEMENABLE MEASURES THAT GUJARAT CAN TAKE : .................... 100
Article VI. CONSTRUCTION AND DEMOLITION ............................................................. 103
INTRODUCTION ........................................................................................................... 103
PROPOSED RECOMMENDATION FOR GUIDELINES ............................................ 103
REDUCE ......................................................................................................................... 107
REUSE ............................................................................................................................ 107
RECYCLE ........................................................................................................................ 108
Article VII. BATTERIES USED IN HOUSEHOLDS / COMMERCIAL / INDUSTRIES NI-
CD, NI-MH, LI-ION, ALKALINE BATTERIES, ETC. .............................................................. 112
POSITION IN INDIA ..................................................................................................... 112
LEGAL GUIDELINES .................................................................................................... 112
BASIC POLICY ............................................................................................................... 113
GENERAL INFORMATION .......................................................................................... 122
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REGULATIONS WORLDWIDE ................................................................................... 122
REGULATIONS IN THE USA ....................................................................................... 122
REGULATIONS IN THE EUROPEAN UNION ........................................................... 126
REGULATIONS IN THE UNITED KINGDOM ........................................................... 127
REGULATIONS IN JAPAN ........................................................................................... 128
REGULATIONS IN INDONESIA.................................................................................. 129
Article VIII. THERMOCOLE (EPS) ..................................................................................... 131
INTRODUCTION ........................................................................................................... 131
INTERNATIONAL PERSPECTIVE OF WASTE MANAGEMENT SYSTEM IN THE
WORLD ........................................................................................................................... 132
EUROPEAN COMMISSION’S APPROACH IN WASTE MANAGEMENT: ............... 132
BASEL CONVENTION AND ITS POLICY OBJECTIVES ........................................... 134
PLASTIC WASTE AND RECOMMENDATIONS OF PLASTIC WASTE
MANAGEMENT ............................................................................................................. 141
PROPOSED ROADMAP FOR PLASTIC WASTE MANAGEMENT: .......................... 149
APPROACH OF GUJARAT ENVIRO PROTECTION AND INFRASTRUCTURE
LIMITED (GEPIL) IN RESPECT OF VARIOUS WASTE MANAGEMENT
MECHANISM: ................................................................................................................ 153
HANDLING AND DISPOSAL OF THERMOCOL LIKE HAZARDOUS MATERIALS
FROM CONSTRUCTION SITES: .................................................................................. 156
CONCLUSION:............................................................................................................... 158
Article IX. PUF ....................................................................................................................... 159
PROPOSED GUIDELINE .............................................................................................. 159
BASIC POLICY ............................................................................................................... 162
Article X. RUBBER TIRES AND TUBES ............................................................................ 176
INTRODUCTION: .......................................................................................................... 176
WAYS TO REDUCE, REUSE AND RECYCLE: ............................................................ 177
BEST PRACTICES FOLLOWED IN DIFFERENT COUNTRIES ................................ 179
UNITED STATES- .......................................................................................................... 179
EUROPEAN UNION- .................................................................................................... 180
UNITED KINGDOM- ..................................................................................................... 181
JAPAN- ........................................................................................................................... 181
TIRE DISPOSAL AND RECYCLING – LEGAL GUIDELINES ................................... 182
Article XI. CERAMIC WASTE ............................................................................................... 191
CERAMIC INDUSTRY ................................................................................................... 191
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ENVIRONMENTAL ISSUES & POLICY RECOMMENDATIONS ............................. 191
AIR EMISSION DEPARTMENT: .................................................................................. 192
WASTEWATER DEPARTMENT .................................................................................. 196
SOLID WASTES DEPARTMENT.................................................................................. 197
ENVIRONMENTAL MONITORING DEPARTMENT OF CERAMIC AND SANITARY
WASTE ............................................................................................................................ 198
Article XII. FOUNDARY SAND .............................................................................................. 203
INTRODUCTION ........................................................................................................... 203
PROPOSED GUIDELINE .............................................................................................. 203
SPECIFICATIONS OF THE LANDFILL SITES. .......................................................... 214
WATER QUALITY MONITORING ............................................................................... 215
AMBIENT AIR QUALITY MONITORING ................................................................... 216
STANDARDS FOR COMPOSTING, TREATED LEACHATES AND INCINERATION
......................................................................................................................................... 218
Article XIII. MARBLE SLURRY & CUTTINGS ................................................................... 222
POLICY RECOMMENDATIONS FOR CENTRAL GOVERNMENT, STATE
GOVERNMENT & MUNICIPALITIES ......................................................................... 222
LEGAL GUIDELINES .................................................................................................... 225
MINING AND PROCESSING-STAGES OF MINING ................................................. 229
ENVIRONMENTAL DEGRADATION – MARBLE SLURRY AND MINING ............ 231
3R’s – REDUCE, REUSE AND RECYCLE ................................................................... 234
WASTE MANAGEMENT PRACTICES – DIFFERENT COUNTRIES ....................... 234
CONCLUSION ................................................................................................................ 237
Article XIV. USED TRANSFORMER OIL ........................................................................... 238
DEFINITIONS FOR THE TERMS USED IN GUIDELINES....................................... 238
INTRODUCTION ........................................................................................................... 239
OBJECTIVE OF CHANGE IN LEGISLATION ............................................................. 240
ENVIRONMENTAL RISKS TO BE MITIGATED DURING DISPOSAL PROCESS .. 241
CURRENT LEGISLATIONS REGARDING DISPOSAL OF USED TRANSFORMER
OIL .................................................................................................................................. 242
GAPS IN THE CURRENT LEGISLATIONS ................................................................. 243
INTERNATIONAL LEGISLATIONS ............................................................................ 244
SUGGESTED CHANGES IN LAWS .............................................................................. 246
SUGGESTED MODUS-OPERANDI FOR IMPLEMENTATION OF LEGAL
GUIDELINES ................................................................................................................. 248
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CONCLUSION ................................................................................................................ 249
Article XV. FOOD WASTE ...................................................................................................... 250
INTRODUCTION ........................................................................................................... 250
STAGES OF MANAGEMENT FOR SOLID WASTE MANAGEMENT INCLUDING
FOOF WASTE MANAGEMENT BY AMC AND OTHER AGENCIES:- ...................... 251
LEGAL GUIDELINES ON FOOD WASTE MANAGEMENT - STATE OF GUJARAT
......................................................................................................................................... 251
LOOPHOLES OF PRESENT WORKING SYSTEM IN MANAGING THE – FOOD
WASTE MANAGEMENT ............................................................................................... 252
LEGAL GUIDELINES FOR MANAGING FOOD WASTE ........................................... 253
GUIDELINES TO BE IMPLEMENTED BY DIFFERENT BODIES IN PRESENT
WORKING SYSTEM FOR BETTER MANAGEMENT OF FWM ................................ 255
GUIDELINES FOR THE STATE GOVERNMENT AND UNION TERRITORY
ADMINISTRATION: ...................................................................................................... 256
GUIDELINES FOR MUNICIPAL SOLID WASTE MANAGEMENT / FOOD WASTE
MANAGEMENT: ............................................................................................................ 257
GUIDELINES FOR SUBMISSION ANNUAL REPORTS: ........................................... 257
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Article I. LEAD ACID BATTERIES
INTRODUCTION
The arena of Lead Acid Batteries and their manufacture, processing and disposal is
actually a very critical question that has aroused and also boggled the stakeholders of
this very industry. Legislation or a law has various limitations and one of them is its
extensive scope which is largely unregulated and also unrecognized rather limitless
to ascertain. Lead Recyclers are actually not known as every second garage owner
might be a Lead Recycler. Moreover absence of a strapping implementation
mechanism makes it nearly impossible. However trying to minimize the risks
involved here of these guidelines have a quite a limited scope that is the State of
Gujarat but however the rise in industry and urbanization it makes the situation too
tough to handle. What is actually required is to first be crystal clear of what actually
is the target audience and what number, in what form are they are present and
operating. Almost 40% of the recyclers of lead are unregistered and hence the major
task to which this guideline also caters is to form a body that could look into the same
and make a Survey to analyze the magnitude and allied reasons. Secondly, the lack of
incentive for both the suppliers as well as the consumer is another question that
needs to be answered. This guideline has tried to ensure that a formulation of an
attractive “Take back policy” is arrived at with consensus with all the stakeholders. A
very quintessential part is that even the battery manufactures must be provided with
the state help so that they can also offer the end user with an attractive take back
price which can work as a catalyst in creating awareness pertaining to the harmful
effects of lead exposure on one side and the lure of better return to serve as a two
pronged approach to reach a stage of reduction in the lead waste and promote
recycling. Moreover the constant drawback that our nation faces is the crisis of
technical knowhow over various developing technologies and as to the alternatives of
Lead Acid Batteries. This is also and unexploited zone for India which is in dire need
to be addressed so as to reap the benefits of the developing technology called the
Green technology.
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Also this guideline aims to lay down an institutional apparatus to keep a check over
the same:
The hierarchical representation of the accountability structure proposed by the
guideline.
This guideline also gives a plan of action for the committees to function also ensuring
that the structure is maintained and implementation ensured. Another key factor
that this guideline is unique as it is made in omnipresence of legislation like the
Environmental Protection Act, 1986 and Lead Acid battery (Handling and
Management) Rules, 2001 wherein only the Centre has the power to make an
‘Authority’ over subjects covered under the EPA, 1986. Hence in order to make this
guideline to be in a harmonious construction with the central legislation, it has
created this institution - a Committee at the state and the regional level which would
monitor the arena of Lead acid batteries under the State Pollution Control Board
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which is the nodal agency for all matters under the EPA, 1986, thereby not
contravening any provisions of all the above stated legislature enactments.
With a well defined structure already in place for the smooth functioning including
an impact assessment mechanism, plan of action and firmly laid down procedure for
appointment, term of office and other conditions along with the duties/ functions it’s
a proper stuff to move ahead in laying down some affirmative action. The only
ailment of this piece of legal work is that to an extent it must be backed by stronger
statistics though a few whichever available have been resorted to but the lack of data
and technical expertise over the issue is a cause of concern. However by this
committee formulated which shall also there is an adequate room for technical
expertise to prop into the formulation of various polices in this very regard.
Thus, an attempt is made by this guideline to be beneficial to society and to savour
the dream of a green and environmentally friendly yet developed State of Gujarat.
LEGAL GUIDELINES FOR LEAD ACID BATTERIES FOR THE
GOVERNMENT OF GUJARAT IN COMPLIANCE WITH BATTERIES
(HANDLING AND MANAGEMENT) RULES, 2001.
Application: The Legal Guidelines are only extended to the State of Gujarat.
Definitions1:
(a) ‘Act’ -means the Environment (Protection) Act, 1986 (29 of 1986);
(b) ‘Assembler’ -means a person who manufactures lead acid batteries by assembling
various components;
(c) ‘Auction’ - means bulk sale of used lead acid batteries or component (s) thereof by
invitation of tenders or auction, contract or negotiation by individual(s), companies or
Government Departments;
1 From the Batteries (Handling and Management) Rules, 2001 and Environmental Protection Act, 1986.
10
(d) ‘Auctioneer’- means a person (s) who auctions used lead acid batteries or
components, thereof,
(e) ‘Battery’- means lead acid battery which is a source of electrical energy and
contains lead metal;
(f) ‘Bulk consumer’ - means a consumer such as Central or State Government
Departments of Railways, Defense, Telecom, Posts & Telegraph, State Road
Transport Undertakings, State Electricity Boards and others who purchase batteries
through central 'rate' or running contract centrally placed on behalf of individual
departments or user units under their jurisdiction.
(g) 'Components' means lead bearing components of a lead acid battery;
(h) 'Consumer'- means a person using lead acid batteries excluding bulk consumers;
(i) 'Dealer'- means a person who sells and receives lead acid batteries or components
thereof to and from the consumers or other dealers or retailers on behalf of the
manufacturers, importers, assemblers and reconditioners or otherwise;
(j) 'Designated collection centre'- means a collection centre established, individually or
jointly by one or more manufacturers or importers, assemblers and re-conditioners in
pursuance of their responsibilities under rule- 4 of these rules.
(k) 'Importer' -means a person who imports new lead acid batteries or components
containing lead thereof for the purpose of sale;
(l) 'Manufacturer'- in relation to any factory manufacturing lead acid batteries or
components thereof means a person or Chief Executive Officer (CEO) of the company
who has control over the affairs of the factory or the premises for sale and collection of
lead acid batteries or components thereof,
(m) 'Original equipment manufacturer’ - means manufacturer of equipment or product
using lead acid batteries as a component;
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(n) 'Reconditioner' -means a person involved in repairing of lead acid batteries for
selling the same in the market;
(o) 'Recycler'-means an occupier who processes used lead acid batteries or components
thereof for recovering lead
(p) 'Registered recycler- means a recycler registered with the ;'Ministry of Environment
and Forests or an agency designated by it for reprocessing used lead acid batteries or
components thereof;
(q) 'State Board'- means the Gujarat State Pollution Control Board or the Pollution
Control Committee as the case may be
(r) 'Used batteries' -means used, damaged and old lead acid batteries or components
thereof; and
(s) The words not defined in these rules will have the same meaning as defined in the
Environment (Protection).Act, 1986 and the rules framed here under.
(t) ‘Core-committee’- means the committee constituted under the Gujarat State
Pollution Control Board.
(u) ‘Sub-committee’- means the committee constituted at the regional level (Regional
Pollution Control Board) which is placed under the core committee.
(v) ‘Core-member’- means the member of the core committee.
(w) ‘Sub-committee member’ – means the member of the regional sub-committee.
(x) ‘Convenor’- means the head of the core committee.
(y) ‘President’- means the head of the Regional subcommittee.
(z) ‘Stakeholders’-means Battery manufacturer, Battery Dealer, Battery Service centre
& Assembler, Automobile Service Centres, Bulk User/ Consumer.
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Responsibilities of the Relevant Parties (As per the Batteries (Handling and
Management) Rules, 2001)
Responsibilities of manufacturer, importer, assembler and re-conditioner:- It shall be
the responsibility of a manufacturer, importer, assembler and re-conditioner to
• ensure that the used batteries are collected back as per the Schedule against new
batteries sold excluding those sold to original equipment manufacturer and bulk
consumer(s);
• ensure that used batteries collected back are of similar type and specifications as
that of the new batteries sold;
• file a half-yearly return of their sales and buy-back to the State Board in Form-
I latest by 30th June and 30th December of every year;
• set up collection centres either individually or jointly at various places for
collection of used batteries from consumers or dealers;
• ensure that used batteries collected are sent only to the registered recyclers,
• ensure that necessary arrangements are made with dealers for safe
transportation from collection centers to the premises of registered recyclers;
• ensure that no damage to the environment occurs during transportation;
• create public awareness through advertisements, publications, posters or by other
means with regard to the following
o Hazards of lead;
o Responsibility of consumers to return their used batteries only to the
dealers or deliver at designated collection centres; and
o Addresses of dealers and designated collection centres.
• use the international recycling sign on the Batteries;
• buy recycled lead only from registered recyclers; and
• bring to the notice of the State Board or the Ministry of Environment and
Forests any violation by the dealers.
13
Registration of Importers. - The importer shall get himself registered with the
Ministry of Environment and Forests or an agency designated by it by submitting
details in Form-11.
Customs Clearance of Imports of New Lead Acid Batteries. - Customs
clearance of imports shall be contingent upon
• valid registration with the Reserve Bank of India (with Importer's Code
Number);
• one time registration with the Ministry of Environment and Forests or an
agency designated by it in Form-11;
• undertaking in Form-111; and
• a copy of the latest half-yearly return in Form-IV.
Responsibilities of Dealer. - It shall be the responsibility of a dealer to
• ensure that the used batteries are collected back as per the Schedule against new
batteries sold;
• give appropriate discount for every used battery returned by the consumer;
• ensure that used batteries collected back are of similar type and specifications as
that of the new batteries sold;
• file half-yearly returns of the sale of new batteries and buy-back of old batteries
to the manufacturer in Form V by 31st May and 30th November of every year-,
• ensure safe transportation of collected batteries to the designated collection
centres or to the registered recyclers ; and
• ensure that no damage is caused to the environment during storage and
transportation of used batteries.
Responsibilities of Recycler. - Each recycler shall -
14
• apply for registration to the Ministry of Environment and Forests or an agency
designated by it if not applied already, by submitting information in Form VI;
• ensure strict compliance of the terms and conditions of registration; however,
those already registered with the Ministry of Environment and Forests or all
agency designated by it for reprocessing used batteries would be bound by the
terms and conditions of such registration;
• submit annual returns as per Form VII to the State Board;
• make available all records to the State Board for inspection;
• mark 'Recycled' on lead recovered by reprocessing; and
• create public awareness through advertisements, publications, posters or others
with regard to the following
• hazards of lead; and
• Obligation of consumers to return used batteries only to the registered dealers or
deliver at the designated collection centres.
Procedure for registration / renewal of registration of recyclers. –
Every recycler of used lead acid batteries shall make an application in Form VI along
with the following documents to the Joint Secretary, Ministry of Environment and
Forests or any officer designated by the Ministry or an agency designated by it for
grant of registration or renewal;
• a copy of the valid consents under Water (Prevention and Control of Pollution)
Act,1974, as amended and Air (Prevention and Control of Pollution) Act, 198
1, as amended;
• a copy of the valid authorization under Hazardous Wastes (I Management and
Handling Rules, 1989 as amended;
• a copy of valid certificate of registration with District Industries Centre ; and
• a copy of the proof of installed capacity issued by either State Pollution Control
Board/District Industries Centre.
15
The Joint Secretary, Ministry of Environment and Forests or any officer designated by
the Ministry or an agency designated by it shall ensure that the recyclers possess
appropriate facilities, technical capabilities, and equipment to recycle used batteries and
dispose of hazardous waste generated;
The Joint Secretary, Ministry of Environment and Forests or any officer designated by
the Ministry or an agency designated by it shall take decision on application for
registration within 120 days of receipt of application form with complete details;
The registration granted under this rule shall be in force for a period of two years from
the date of issue or from the date of renewal unless suspended or cancelled earlier;
An application for the renewal of registration shall be made in Form VI atleast six
months before its expiry. The Joint Secretary, Ministry of Environment and Forests or
any officer designated by the Ministry or an agency designated by it shall renew the
registration of the recycler granted under sub rule(4) of this rule, after examining each
case on merit;
The Joint Secretary, Ministry of Environment and Forests or any officer designated by
the Ministry or an agency designated by it may, after giving reasonable opportunity to
the applicant of being heard, refuse to grant registration;
The Joint Secretary, Ministry of Environment and Forests or any officer designated by
the Ministry or an agency designated by it may cancel or suspend a registration issued
under these rules, if in his / her opinion, the registered recycler has failed to comply
with any of the conditions of registration, or with any provisions of the Act or -rules
made there under after film an opportunity to explain and after recording the reasons
therefore;
It shall be the responsibility of the State Boards to monitor the compliance of conditions
ibid while according registration, and
16
An appeal shall lie against any order of suspension or cancellation or refusal of
registration passed by the Joint Secretary to the Ministry of Environment and Forests
or any officer designated by the Ministry or agency designated by it. The appeal shall
be in writing and shall be accompanied with a copy of the order appealed against and
shall be presented within 30 days of passing of the order.
Responsibilities of Consumer or Bulk Consumer.- It shall be the responsibility
of the consumer to ensure that used batteries are not disposed of in any manner other
than depositing with the dealer, manufacturer, importer, assembler, registered recycler,
reconditioner or at the designated collection centres.
It shall be the responsibility of the bulk consumer to -
ensure that used batteries are not disposed of in any manner other than by depositing
with the dealer/manufacturer/registered recycler/importer/ reconditioner or at the
designated collection centres,- and file half-yearly return in Form VIII to the State
Board .
Bulk consumers to their user units may auction used batteries to registered recyclers
only.
Responsibilities of Auctioneer.- The auctioneer shall -
ensure that used batteries are auctioned to the registered recyclers only-,
(ii) file half-yearly returns of their auctions to the State Boards in Form-IX; and
(iii) maintain a record of such auctions and make these records available to the State
Board for inspection.
The said duties are enshrined in the Rules which are actually adequate enough as far
as theory goes however these need to be adequately implemented and for that the Rule-
12 hold prime importance so a special committee under the State Board has to be
constituted for the monitoring and fulfillment of the objectives in the Act and the Rules.
17
Prescribed Authority- The prescribed authority for ensuring compliance of the
provisions of these rules shall be the State Board. And, it shall file an annual
compliance status report to the Central Pollution Control Board by 30th April of every
year.
LEGAL GUIDELINES FOR THE GUJARAT STATE POLLUTION CONTROL
BOARD
To constitute a core committee under the Gujarat State Pollution Control Board to
look into the enforcement of the said rules.
The members of this committee would include three high level officers of the State
Board (including the Convenor who will be the Secretary of the State Board), one
retired judge of the High Court, two members from the NGO sector who are active in
protection of environment and two members from the technical arena. These men need
to be of high integrity and commitment towards the protection of the environment.
This committee shall have various powers and duties and would work as the governing
body which would be responsible for the appointment of the sub-committee at the
regional level.
Appointment, Powers, Functions of the Core Committee.
Appointment of the Members and the Convenor:-
The appointment of all the members and the Convenor who would act as the head of
the committee would be made by the Chairman of the State Board in consultation with
the Ministry of Environment and Forests of the State Government.
The Secretary of the State Board would be the Ex- officio Convenor of the core
committee.
Before joining as the member of the core committee or Convenor he/she shall:
18
If he is carrying on any business, sever his connection with the conduct and
management of such business; or
If he is practicing any profession, suspend practice of such profession.
If he is associated directly or indirectly with any other activity, which is likely cause
conflict of interest in the performance of his duties as a member, he should suspend his
association with that activity.
However, officials of State Board can continue as the members along with the
membership of the Core committee.
Provided that if even after the suspension, the earlier association of that person with
such activity is likely to adversely affect his performance as the member, that person
shall not be appointed as a member or Convenor.
Terms of Office and Other Conditions of Service:
Any person holding the office as the Member/Convenor shall hold it till three years of
the date of appointment by the Chairman of the State Board or till he/ she is a part of
the Board whichever is earlier and is also subject to renewal or appointment of the
same member, according to the merits of the individual, the Chairman can appoint
him/ her as the member within the quota of the member/s of the Board in the said
committee.
The State Board shall provide an extra remuneration to its employees who are the
members of the said committee from the budget allocated by the State Board.
The Government of Gujarat shall in confrontation with the Ministry of Environment
and Forests of the State shall allocate a special budget in this regard for the Gujarat
State Pollution Control Board under the Ministry.
Further provided for the termination of the office:
19
If the Convenor or the member, by writing under his hand addressed to the Chairman,
may resign from the office or his tenure as in the State Board expiries.
Or the Convenor or the members be removed by the Chairman for any of the reasons
mentioned below:
Proved misbehaviour
Professional or physical incapacity.
If he is adjudged to be insolvent.
Has been charged of an offence which involves moral turpitude.
Has acquired such financial interests or other interests who are likely to affect
prejudicially his functions as member or Convenor.
If he is guided by considerations extraneous to the merits of the case either to favour
someone or to implicate someone through any act of omission or commission.
If he commits any act of omission or commission which is punishable under Prevention
of Corruption Act or is a misconduct.
If a member or the Convenor in any way, concerned or interested in any contract or
agreement made by or on behalf of the Government of India or any state participates in
any way in the profit thereof or in any benefit or emolument arising there from
otherwise than as a member and in common with the other members of an incorporated
company, he shall be deemed to be guilty of misbehaviour. This shall be the jurisdiction
of the disciplinary committee of the Gujarat State Pollution Control Board to decide.
After due hearing of the party concerned and a thorough investigation the Chairman of
the State Board shall finally remove a member or the Convenor from the charge if
found guilty of any of these charges in confrontation with the Ministry of Environment
and Forests of the State government.
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Powers and Functions of the Core Committee:
It is very essential to note that this core committee is under the Gujarat State Pollution
Control Board and is not a separate authority created as if done so would violate the
provision Section 3(3)2 of the Environmental Protection Act, 1986.
Hence it is subjected to the constitution of the State Board and the Chairman can
exercise his control over the same as the committee shall be completely accountable to
him.
Moreover the core committee exercises no penal powers and is a monitoring and a
policy making body, whatsoever it can report any wrong regarding environment to the
State Board or the Central Board whichever having the competence to adjudicate the
matter.
It shall also act as the governing body in the formation of the sub committees at the
regional level and the complete control and distribution of powers and functions for the
better implementation and execution shall be done by the core committee by the advice of
the Chairman of the State Board.
It shall be responsible for surveys to be conducted for the better analysis of the current
scenario in the Lead Acid batteries manufacturing sector so as to device the strategy for
the effective implementation of the Rules of 2001.
The number of meetings shall be decided according to the Convenor and the Core
Committee members however a fast and an integrated approach shall be resorted to.
2 Section 3(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.
21
Within six months of the formation of the said committee a survey with the help of all
stakeholders must be made the report of which must be submitted to the State Board
and also the Central Pollution Control Board along with the Ministry of Environment
and Forests both at the Centre and Government of Gujarat.
The plan of action after a thorough study of the report must be devised within a month
so as the strategy can be drawn regarding the same.
The committee shall also monitor the registration and other procedure in the State of
Gujarat which the manufacturers/ recyclers/ dealers need to obtain so as to ensure a
coordinated effort and a proper mechanism to assess the trend in the battery Industry.
It shall also ensure that the implementation of the Plan of action is implemented and
not just reduced to mere papers but the positive impact of the same must be felt.
The impact assessment of the measures undertaken shall be a key part of the special
report to be submitted biannually. These shall be the base for making ramifications in
the policy structure for the later time frame.
The deadline for the proper legal implementation of the various policies evolving from
the said Core Committee pertaining to the Lead Acid Batteries is set to be three years
excluding the time frame one year which shall be required to formulate those polices,
delay to which is subject to causing a grave drawback to the Target 2020 and hence
must not be allowed except grave problems in the discharge of the same.
Rule 13 and Rule 14 of the Rules of 2001 state that the Central Pollution Control
Board shall publish its report at the end of the year and the State Board shall submit
its report to the Central Board. However the core committee shall prepare a quarterly
report regarding various steps and initiatives along with a proper and accurate
database of the battery industry in Gujarat. This shall be later complied and submitted
as the annual report to the Central Board.
22
An annual meeting of all the stakeholders of this field shall be conveyed wherein
representatives of all of the stakeholders shall deliberate and finally conclude over policy
issues that could positively affect the development of the proper implementation
mechanism and speedy disposal of lead waste and ensure maximum recycling of Lead
batteries.
The subcommittee shall assist the core committee in all their tasks and would be the
real collector of information as well.
The core committee shall assist the Ministry of Environment and forests, Govt. of
Gujarat to develop a computer database and computerized tracking of:
• distribution and sale of batteries;
• collection, auction, transport and re-processing of used batteries;
• sale of re-processed lead by registered recyclers; and
• sale of lead from all domestic producers or importers.
The committee shall encourage various stakeholders to recycle the used batteries and
also with their assistance help in organizing recycling workshops, collection centers and
awareness camps so that the masses are aware of the importance and need for recycling
of Lead Acid Batteries.
The other duties shall include:-
Formulation of a Take Back Policy for the State of Gujarat that shall attract the
consumer to resort to recycling of batteries.
Promotion of Registered Recyclers by making a policy framework for the same which
shall be dealt by the MoEF, Govt .of Gujarat.
Provide complete Policy framework for the Government of Gujarat in terms of Lead
Acid Batteries and all related affairs.
23
Also should serve as the nodal agency for the State of Gujarat in bringing awareness to
the common masses for the recycling of batteries and on the harmful effects of lead
exposure.
The Core Committee shall look into that the deadlines are adequately met with so as to
ensure the target of 2020 that is to ensure a waste free state.
Appointment, Powers and Functions of the Sub-Committees:
Appointment of Sub-Committee Members and the President:
The appointment of all the members and the president who would act as the head of the
committee would be made by the chairman of the State Board in consultation with
Convenor of the core committee.
There will be four members (including the president who would be the regional officer)
from the Regional Board and one from a local NGO/ any other Stakeholder.
The Regional Officer of the regional Board would be the Ex- officio president of the
sub-committee.
Before joining as the member of the sub-committee or president he/she shall:
If he is carrying on any business, sever his connection with the conduct and
management of such business; or
If he is practicing any profession, suspend practice of such profession.
If he is associated directly or indirectly with any other activity, which is likely cause
conflict of interest in the performance of his duties as a member, he should suspend his
association with that activity.
However, officials of Regional Board can continue as the members along with the
membership of the sub-committee.
24
Provided that if even after the suspension, the earlier association of that person with
such activity is likely to adversely affect his performance as the member, that person
shall not be appointed as a member or president.
Term of Office and Other Conditions of Service:
Any person holding the office as the Member/President shall hold it till five years of
the date of appointment by the Chairman of the State Board or till he/ she is a part of
the Board whichever is earlier and is also subject to renewal or appointment of the
same member, according to the merits of the individual, the Chairman in consultation
with the Core Committee can appoint him/ her as the member within the quota of the
member/s of the Board in the said committee.
The State Board shall provide an extra remuneration to its employees who are the
members of the said committee from the budget allocated by the State Board.
The Government of Gujarat shall in confrontation with the Ministry of Environment
and Forests of the State shall allocate a special budget in this regard for the Gujarat
State Pollution Control Board under the Ministry. The State Board shall allocate
certain sum of money for the operations of the said committee.
Further provided for the termination of the office:
If the president or the member, by writing under his hand addressed to the Chairman,
may resign from the office.
Or the president or the members be removed by the Chairman for any of the reasons
mentioned below:
Proved misbehavior
Professional or physical incapacity.
If he is adjudged to be insolvent.
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Has been charged of an offence which involves moral turpitude.
Has acquired such financial interests or other interests which are likely to affect
prejudicially his functions as member or president.
If he is guided by considerations extraneous to the merits of the case either to favor
someone or to implicate someone through any act of omission or commission.
If he commits any act of omission or commission which is punishable under Prevention
of Corruption Act or is a misconduct.
If a member or the president in any way, concerned or interested in any contract or
agreement made by or on behalf of the Government of India or of any state participates
in any way in the profit thereof or in any benefit or emolument arising there from
otherwise than as a member and in common with the other members of an incorporated
company, he shall be deemed to be guilty of misbehavior. This shall be the jurisdiction
of the disciplinary committee of the Gujarat State Pollution Control Board to decide.
After due hearing of the party concerned and a thorough investigation the Chairman of
the State Board shall finally remove a member or the president from the charge if
found guilty of any of these charges in confrontation with Convenor and the core
committee.
Powers and Functions of the Sub-Committee:
This committee shall be completely accountable to the core committee and is its
functions shall be regulated and monitored by the core committee.
This committee is an executory wing of the core committee and shall be subject to the
tasks allotted by the core committee.
All the task of primary collection of data and regional level preparation of executory
plans of action so as to cater the regional stakeholders.
26
The complete organization of awareness camps, workshops and other educative
programs.
The subcommittee for every task allotted to it shall prepare a report and would be sent
to the core committee and also a bi-monthly report of its activities must be sent to the
core committee.
The local database shall be created and monitored by the subcommittee and would also
be the forum wherein the local stakeholders can present their views and these would be
conveyed to the core committee for policy considerations.
The battery collection centers shall be under the direct supervision of the subcommittee
and shall be completely monitored by the subcommittee.
The report of the local area and improvements done and those ought to be done must be
prepared and sent to the core committee and which would be a quarterly exercise.
If any gross inefficiency or violation of the Act and the Rules of 2001 are witnessed in
the local limits of the subcommittee that shall be immediately conveyed via the president
to the State Board for immediate action.
Landfills are a big menace and hence the Sub Core Committee shall ensure that no
waste of such a sort enters their respective boundaries via any other state and also to see
to it that exposure of lead due to landfills is kept under a check.
This and all other functions or powers that the core committee deems it fit would be
under the scope and functioning of the subcommittee.
POLICY RECOMMENDATIONS FOR THE GOVERNMENT OF GUJARAT
BRING FOREIGN TECHNICAL KNOW-HOW:
The prime problem that India encounters is that it lacks new technical know-how of
modern and cost effective recycling techniques and for apposite and eco-consumer-
27
manufacturer friendly means of an all pervasive and catering to the interest of all
which foreign countries posses must be brought to India.
Lead can be used in various process like for the disposal of nuclear waste etc and
hence such an alternative usage mechanism must be worked out for which foreign
collaborations can be of prominent importance.
The Government of Gujarat can take a lead by entering into foreign collaborations
with leading battery manufacturers of other countries and exchange of knowledge in
this regard would be of immense aid in assuring the implementation of the said Act.
The Vibrant Gujarat Global Investor’s Meet can act as a stage to achieve the said goal
and also the visits of the Government Delegations to foreign countries.
ALLOCATE FINANCIAL RESOURCES:
The financial requirement is a very essential element as environment is one of the
most neglected priorities in financial budget.
The Ministry of Environment and Forests, Government of Gujarat must be allocated
additional funds for the Waste Management and particularly for the establishment
and the functioning of the committees.
Secondly, the Government must also provide for the organization of the workshops
and other educative and awareness campaigns.
PROACTIVE POLICY FRAMEWORK:
The policy and other governmental machinery must be conducive to changes that are
made as a part of the improvement drive so that a mix of public- private cooperation
could amount to making a considerable difference for the betterment of the
environment.
The Government of Gujarat can make recommendations regarding the amendments
to be brought in the various central statues that regulate the environmental scenario.
The initiatives that the Government can take in terms of providing a legal framework
or a directive after due considerations must be made in a proactive manner seeing
the seriousness of environmental concerns.
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TIE-UPS WITH NON-GOVERNMENTAL ORGANIZATIONS AND OTHER RESEARCH INSTITUTES:
The Government of Gujarat can also collaborate with foreign NGO’s as well as India
based NGO’s that are active in this direction so as to receive feedbacks and assure
improvements in the mechanism.
Various other Research Institutes who are prominent in this direction can also
provide for a considerable help to the Government for various future endeavors.
PROVIDE INCENTIVES TO BATTERY MANUFACTURERS/ RECYCLERS:
To provide tax holidays, subsides, tax rebates and other incentives who meet with the
due compliances and standards for the recycling and the ‘take-back’ initiatives.
More importantly if ‘take- back policy’ needs to be made more attractive to the
consumers for which a lucrative offer price of selling of batteries back to the
manufacturer is a prerequisite. For this initially atleast the Govt. must provide for an
incentive to the companies in this regard.
Industries if are proactive in this direction and are sensitive to environmental
concerns then the government must also take adequate care of the industries to
realize the noble objectives of conservation of environment.
STRENGTHING THE GUJARAT STATE POLLUTION CONTROL BOARD
The board actually requires manpower to handle such huge data collection and also
lacks expertise. It is revealed after due interactions that the efficacy and efficiency in
the state and regional offices is pathetic and hence a revolution is expected to see it to
be more dynamic.
This is a grave issue that the Government of Gujarat has considered and hence alike
many projects this will also meet the significant end that this novel initiative is
destined to.
Various other steps and measures could be taken after due consultation with the
various stakeholders to pledge for proper and safe disposal of Lead Acid Batteries.
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RATIONALE FOR LEGAL GUIDELINES FOR BATTERIES IN STATE OF
GUJARAT
Batteries are a key source of energy and its utility in commercial as well as household
is inseparable to common life. Whatsoever the improper discharge of such batteries
is a prime cause of concern as they spare no stone unturned in polluting the
environment. Here the scope of these guidelines is Lead Acid Batteries which
contains a more prominent harmful metal called Lead which is deleterious to the
health of the environment. It is actually disposed of in two ways:-
− Land filling
− Or it is incinerated.
Neither of these methods is ideally suited for batteries that contain heavy metals. In
landfills, especially those without liners and controls, heavy metals have the potential
to leach slowly into soil, ground water, and surface water. When incinerated, metals
such as cadmium and lead can concentrate in the ash produced by combustion and
enter the atmosphere through incinerator smokestack emissions. When disposed of,
the metals in the incinerator ash can leach into the environment. In the environment,
certain types of heavy metals can also concentrate in the tissues of organisms and
make their way up the food chain.
Thus, with a view to combat this problem the Centre passed the Environmental
Protection Act, 1986 and to specifically target the growing menace of disposal of Lead
Acid Batteries the Centre attached the Batteries (Handling and Management) Rules
in the year 2001 which is very much pertinent to the present situation. But
howsoever alike most of the legislations in this country which are ideal models for
other nations in terms of theory lack the most quintessential element of the spirit of
law ie the practical model of implementation.
Hence The Government of Gujarat taking a lead in this direction has vowed to make
the said guidelines more far reaching and meet the real goal for what the Act was
enacted. However these Rules of 2001 are a “blessing in disguise” and also like a
“necessary evil” because on one hand it gives a right direction and periphery but also
30
limits the scope of these guidelines as a statute of the centre cannot be overruled by
the state. This is one of the major limitations of these guidelines as well.
THE INDIAN MILIEU HIGHLIGHTED:
Effective battery collection systems are necessary to facilitate the development of
large-scale, environmentally sound recycling facilities. Investments in modern and
efficient lead battery recycling plants can only be justified if a supply of used
batteries is readily available at a competitive price and in sufficient quantities in the
local market. Competition for scrap batteries from low cost, small-scale recyclers and
even backyard operators can deter investors from entering what could otherwise be a
successful venture. Small recyclers that dominate the Indian market cannot justify
the expense of installing pollution controls and their plants operate at greatly
reduced efficiencies. Most rely on coal to fuel crude furnaces. Furthermore the
quality of lead derived from these operations is insufficient to be used in producing
high quality long-life lead batteries. Hidden costs including the cleanup of
environmental contamination and health care for overexposed workers are not paid
by these small businesses. Communities surrounding lead battery recycling also
experience higher lead exposures.
The demand for lead batteries is predicted to increase for all uses – especially in
India where they are used extensively for backup power and growing transportation
markets. The expected rise in telecommunications systems, automobiles, and
computer sales will fuel future growth in the production of lead batteries. Newer
applications for solar power and wind generation will also contribute to its growth.
India has very limited domestic lead production capacity. Most of the lead scrap that
is generated locally from melting down lead batteries must be refined at a second
smelter to improve its purity before it can be used in making new lead batteries.
Inefficient smelters also waste a significant percent of the lead in the form of air
emissions. Therefore in India, most of the lead used in battery manufacturing must
be imported. Combined with the projected demand for lead batteries in India and
poor recycling practices that result in the loss of millions of tons of lead to the
environment, we can expect future shortages of this important raw material in the
future.
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This is one of the most emerging threats the growth in terms of industrialization and
expediting infrastructural facilities have provided to the Indian sub continent’s
environmental scenario. A cost has to be incurred for development but essentially
cost cutting measures for sure have to be taken.
INDIAN CONTEXT AMPLIFIED:
A survey conducted by ‘OK INTENATIONAL3’- an NGO which clearly enunciates the
said problem in the Indian parlance and the drawbacks of the present legislations on
this issue. (The said NGO had filled an RTI and based on the data obtained from the
Government sources ie State Pollution Control Boards and their reports etc and is a
report made by them in 2010 which makes it really credible source of secondary data
for forming conclusions)
In 2001 the Ministry of Environment and Forests issued the Indian Battery
Management and Handling Rules that require lead battery manufacturers to collect a
minimum of 90% of the batteries they sell through dealers. The law established an
extensive reporting system for dealers, manufacturers, importers, recyclers and
others in the supply chain. Recyclers are also required to be registered by state level
pollution control boards.
The extensive data collected for compliance with these provisions has never been
evaluated or released to the public. Our goal is to evaluate compliance with this rule
and its success in establishing large-scale collection of used batteries in India. In
particular, we set out to establish if the largest lead battery producers are collecting a
sufficient quantity of lead batteries to encourage additional investment and
modernization of this highly fragmented industry. We contacted the Ministry of
Environment and Forests and the Central Pollution Control Board to obtain this
data. We were surprised to learn that this information was not being collected or
tabulated by the Union Government and we were instead instructed to seek this data
from individual state level agencies.
Under the under the Right to Information Act we then requested these reports from
the following states:
3 THIS is to acknowledge the immense contribution of OK International for the survey that they have conducted which is of utmost importance and relevance for the said draft of legal guidelines.
32
• Andhra Pradesh
• Kerala
• Delhi
• Maharashtra
• Gujarat
• Tamil Nadu
• Haryana
• Uttar Pradesh
• Karnataka
• West Bengal
Our requests to these agencies were limited to specific information from reports that
are required to be filed biannually by lead battery manufacturers indicating their
performance in complying with the collection provisions of the law. OK International
obtained reports from six states that represent the majority of lead battery
manufacturing capacity in India. The states for which we obtained information
included:
• Andhra Pradesh Pollution Control Board
• Delhi Pollution Control Committee
• Gujarat Pollution Control Board
• Haryana State Pollution Control Board
• Kerala State Pollution Control Board
• Tamil Nadu State Pollution Control Board
In addition, the Karnataka Pollution Control Board provided partial information that
was not useful for evaluating compliance with the law or to evaluate the overall rate
of lead battery collection by the companies that filed reports. This data is therefore
excluded from our analysis.
Results
A review of the data provided indicates that despite regular reporting, most battery
producers are not in compliance with the key provision for taking back at least 90
percent of the batteries sold through dealers. Very few companies are complying with
33
this law and even large battery producers are falling short of the mandatory
provisions in this standard.
The following summarizes the findings on the collection of used batteries from the
data
• Only a small percentage of the total number of batteries sold are being
collected back by battery manufacturers.
• Very few manufacturers are meeting legal requirements to collect 90%of the
batteries sold through dealers.
• Most major manufacturers are taking back only a small percentage of their
total sales including Amara Raja (26%), TAFE (11%), Tudor (39%) and GNB
(0%).
• There is no central effort to collect information on compliance with the
• Battery Management and Handling Rules and there is no penalty for
manufacturers who fail to meet the regulatory requirement.
• The key reporting parameters have been shown on the attached tables in
Appendix A are as the follows:
• “% Take Back Per Total Production” is the percentage of lead batteries
collected back over the total number of batteries the company produced or
sold during the time period specified.
• “% Take Back Regulatory” is the total percentage of lead batteries collected
back of the total batteries sold to dealers as per the requirement for
compliance with the lead battery handling rules.
Note: Several states did not provide a separate break down of "dealer sales"
which is necessary to establish the regulatory take back percent as per the
Battery Handling Rules.
• Current information from the Central Pollution Control Board indicates that
there are 336 registered recyclers for lead batteries in India. However, the list
also indicates that most of these facilities are small and very few are likely to
operate efficiently and with sufficient pollution controls. In fact, there are only
17 facilities with capacity greater than 10,000 tons/year, (which is the
minimum size requirement for lead recyclers in China) and only two of these
34
have a capacity that exceeds 50,000 tons/year (the size at which adequate
pollution controls are considered to be cost effective)4.
CONCLUSION
The current system is inadequate to collect sufficient quantities of used lead batteries
through formal sector channels to enable modernization in the lead battery recycling
industry in India. Instead there are a growing number of backyard and small
operators relying on wasteful polluting technologies that are thriving under the
current situation. A new incentive system is needed to encourage collection and the
consolidation of used lead batteries that can facilitate investment in the recycling
sector. Without improvements in the collection systems we will not see the necessary
investments to modernize this industry, protect public health and the environment,
and improve domestic lead supplies in India.
The recently proposed E-waste Management and Handling Rules (2010) borrow
many of the provisions of the Indian Battery Management and Handling Rules that
are the subject of this report. Experience from the lead battery Rules suggest that this
proposed system may be insufficient to encourage significant collection by
producers. Despite the greater attention being paid to hazards from electronic waste
recycling, there is more lead in a single car battery than in 26,944 cell phones, or 6
standard television monitors, or eleven computers.
Conclusion in terms of Data collected for the State of Gujarat:-
Despite the much disappointing fact that none of the states have a single battery
producer which is in compliance with the minimum provision of 90% take back of
the batteries sold to the dealers, Gujarat has two companies which have ensured a
88% and 84% as mentioned in the Table C of the Appendix A. This in a way shows
that if adequate implementation mechanism is established then better results can be
generated. Thus along with the compliance with the Rules of 2001 the Govt of
Gujarat has to ensure that the Gujarat State Pollution Control Board is very efficient
and effective in this regard. Hence this proposed Legal Guidelines suggest a whole set
of organizational mechanism for the same along with new initiatives which the Board
4 (See:http://www.cpcb.nic.in/divisionsofheadoffice/hwmd/lead.pdf)
35
and the Government must look into after again studying the best practices adopted in
various nations regarding spread of awareness regarding the same through
workshops and also give incentives to the companies complying with the due
standards. These and various steps are enshrined in the guidelines.
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Article II. E - WASTE
Vibrant Gujarat is scaling great heights as the Growth Engine of India.-a sobriquet
that has been rightfully earned by virtue of the commendable fast-paced rate of
progress and development in the state. However, it is a matter of paramount concern
that this ‘Growth Engine’ of the nation does not have an efficient E-waste
management system in place. With merely one E-waste Recycling Unit of the state
being registered in the records of the Central Pollution Control Board, the
requirement of extensive analysis, formulation and implementation of a concrete E-
Waste Management apparatus in the state is the quintessential need of the hour.
The purview of this study scans across the current scenario of E-waste Management
in India supplemented with a comparative analysis of the best E-Waste management
Practices in developed countries (with special emphasis to the European Union and
Japan) and the well established, enforced and implemented legal framework in this
regard in the aforementioned countries. The purpose of this comparative analysis is
to enable stakeholders in Gujarat to appreciate, analyze and incorporate relevant
practices to facilitate a more efficient e-waste management apparatus in the state.
THE QUINTESSENTIAL OBJECTIVE: IMPLEMENTATION OF AN E-WASTE
MANAGEMENT SYSTEM FOR THE STATE OF GUJARAT Due to the escalating volumes of e-waste generated and the glaring inadequacies in
its management there is a quintessential necessity to evolve a sustainable solution for
managing e-waste in the State of Gujarat. The objective of this note is to evolve a
consensus on the road map for a regulated, environmentally respectable and socially
acceptable management of e-waste in the state.
Such a system would provide:
• A viable collection and disposal system for large and small consumers to
return all their e-waste safely;
• A mandatory system for concerned producers to care for their product beyond
its useful life.
37
EMPHASIS ON INDIVIDUAL PRODUCER RESPONSIBILITY (IPR)- A regulated system where all stakeholders have clearly defined roles and
responsibilities, adhering strictly to existing environmental and social legislation.
Moreover, the following challenges, related to the current situation, should be kept
in mind all along this note;
• To achieve a broad consensus, where all relevant stakeholders are involved in
the design and realization of the model;
• To create a debate both at national and regional level, in order to define a
successful model;
• To operate accepted and effective platforms where strategies are developed
which enable 'informed and smart' decision making;
• To include the informal sector, currently playing a pivotal role in e-waste
management, in any new plan for e-waste management for Gujarat;
• To organize a complementary formal system additional to the existing
informal system;
• To relax the burden and capacity limits of the municipal waste management
systems in tackling e-waste which is as world-wide experience show beyond
their capabilities;
• To motivate producers to lead a safe recycling and disposal of their products
through an efficient and effective waste management;
• To assign roles to all stakeholders and ensure they play them well and fair.
The main objective of this concept note is to create a consensus amongst all the
stakeholders in arriving at an acceptable and feasible solution for all in Gujarat. The
aim is also to raise issues that stimulate the necessary debate to fine-tune the
proposed models, paving the way towards a regulated and organised e-waste
management system in Gujarat.
The various steps in providing a new direction to WEEE management system in
India and the State of Gujarat emphatically are the following:
• Conceptualising and defining the necessary building blocks for a proper e-waste
management model in Gujarat.
38
• Creating a broad consensus amongst the various stakeholders of WEEE
management system about the viability of the proposed EPR models.
• Implementation of the EPR model.
• Legislation based on regular monitoring and evaluation of the model.
This report focuses on the first step, thereby, proposing the building blocks for the
tackling the legalities or legal issues with regard to establishing an efficient e-waste
management system for Gujarat. The optimal model for Gujarat would only emerge
after necessary deliberations and dialogue over the building blocks and a broad
consensus over the roles and responsibilities of the various stakeholders. Moreover,
we also suggest that these building blocks would be essential for any suggested model
be it a Collective Responsibility or an Individual Responsibility Model. The Collective
Responsibility Model bestows the management responsibilities of the entire system
to a collective industry body referred to as the Producer Responsibility Organization.
The Individual Responsibility Model, on the other hand, suggests that individual
producers design the optimal management system for the e-waste generated by their
products.
LEGAL FRAMEWORK A regulatory framework besides being regulatory is also enabling if the proper
implementation body exists. In the case of e-waste a proper regulatory framework
would need to enable proper collection and recycling and to „set the rules. therein.
Clear-cut responsibilities and requirements go a long way in ensuring that there is
adequate investment by responsible actors on the ground, and not providing that
clarity only continues the chaos. Moreover, as stated above, the legal framework
needs to ensure the health and safety standards of the people involved in the
operations, along with issues of emissions to the environment and waste emerging
from such operations. Several laws already tackle down these aspects, though there
are no guidelines explaining how they apply to e-waste. A first crucial step is to look
at these existing laws and define clearly their application to e-waste recycling. A
specific legislation for e-waste can then be formulated to “fill the gaps” not covered
by existing law. Further, it is essential not only to streamline the existing set-ups but
also to attract recyclers who make the recycling process safe and efficient.
39
Government incentives like land, financial subsidies, etc. can go a long way in
ensuring a viable collection and recycling system. Therefore any legislation must be
in line with right incentives for the involved stakeholders. Therefore, the discussion
on e-waste legislation needs to draw up the critical components, which can make a
significant difference in supporting the system. Many check-lists exist in the
literature for reviewing the range and scope of a legislation. Especially, the following
questions need to be looked at by all stakeholders:
• What is the goal of the legislation?
• What is the scope of the legislation?
• Who is responsible? (Allocating responsibilities)
• How is the system financed? (if additional finances are needed)
• Setting collection and recycling targets
• Monitoring and compliance
LESSONS LEARNT ON E-WASTE MANAGEMENT FROM DEVELOPED
COUNTRIES The EU Directive on Waste Electrical and Electronic Equipment (WEEE) goes back
to the year1996, when the required framework for transposition of the Directive was
rather simple and one thought the practical details could be left over to the member
states. At that time the focus was set on the control over toxic substances by means of
smart design for recycling and manual disassembly of hazardous components in the
recycling phase itself.
The prime environmental strategies of the WEEE Directive are:
• Weight-based recycling targets
• A general collection-target of 4 kg per inhabitant for household waste
stream
• An origin-oriented categorization of appliances
• Selective treatment Rules for recyclers.
However, more than ten years later, experiences show that electronic waste policies
should serve multiple and broader societal goals. Developments in shredding and
40
separation technologies have led to the realisation that dismantling as such does not
bring the desired toxic control, as it depends much more on the destination of
disassembled components, and there are relatively high costs involved. The recovery
of valuable materials and energy preservation has also become much more
important.
With the expansion of the EU to 27 Member States the amount of EEE put on the
market arose to 10.3 tons per year, with the differences in the collection systems are
getting obvious. The WEEE collection target of 4 kg per inhabitant can easily be
reached in the old member states, which put up to 24 kg new EEE per inhabitant on
the market. This target remains challenging for the new member states, which are
hardly putting 6 kg new EEE per inhabitant on the market.
Beyond this, the returns of appliances lighter than 1 kg are close to zero, even in the
old member states. There are very large differences in performance by different
member states per sub-category. Certain factors like availability of collection points,
geographical location, culture, waste collection procedure and financing mechanisms
influence higher collection. However there is not enough data to confirm significant
correlations between these potential factors. From the environmental point of view,
WEEE is a very heterogeneous waste stream. The environmental findings of the
UNU-Report are that it is beneficial to collect more WEEE and to treat it with higher
quality. It might be better to differentiate in environmental targets per treatment
category.
An Administrative Burden Survey was conducted under the UNU study (2007). It
highlighted a number of areas where the burdens experienced by stakeholders could
be reduced. The main issues pointed out referred to the achievement of a level
playing field for all different stakeholders involved in the end-of-life chain by
realising:
• Consistency in legislative requirements across Member States
• Consistency in registering and reporting activities across Member
States
• Increase stakeholder awareness of specific responsibilities. It was
found that large numbers of small and medium-sized enterprises
(SME.s) were unaware of their current legal obligations.
41
The question “What is the social result of the WEEE implementation and could it be
reached better through other means?” cannot be satisfactorily answered even at this
stage. This is because a majority of EU Member States, the national transposition of
the WEEE Directive only took place after 13 August 2004 – and in some countries it
was still incomplete in June 2007.
The consumers’ role in guiding policies in the WEEE Directive to success needs to be
further analysed since the consumer has to return his e-waste and will also pay, no
matter how the financing is arranged in the end. Increasing consumer awareness is
thus a necessity for an eco-efficient WEEE implementation with maximised
environmental results (collect more) and increased costs efficiency (treat better). The
WEEE Directives have a scope for improvement for five areas namely: Scope,
collection targets, reuse, recycling, and recovery targets and treatment requirements.
Following recommendations of the UNU-report can be stressed:
– Rearranging the current product-oriented scope towards a treatment
category-oriented scope. This way of target setting can be made for
collection amounts (on percentage basis, not in kilograms, to account
also for large differences between member states).
– Increasing EU-wide harmonization. Creating more consistency in
legislative requirements and definitions as well as in registering and
reporting activities.
– Removing the difference between B2B and B2C appliances.
– Targets for reuse should be researched outside of the WEEE Directive
to avoid rebound effects of higher energy consumption compared to
new appliances or more use of energy- intensive material in new
product designs.
– Increasing stakeholder awareness of specific responsibilities especially
in SME.s
– Reducing illegal waste shipments
– Separating the basic legal framework from operational standards (to be
developed).
42
Besides collection targets, the definition of the scope will also influence the setting of
recycling and recovery targets as well as treatment requirements per treatment
category.
These three items are discussed in more detail per treatment category:
• Large Household Appliances: For simplification reasons it is worth considering
leaving these appliances out of the Directive, as they will be treated anyway due to
their intrinsic value. There is also no need for recycling targets for this category,
• Cooling and Freezing Appliances are very environmentally relevant in the impact
assessment due to the presence of CFCs. Removal of CFC is the most relevant
environmental priority. They should be collected as much as possible and prevented
from undergoing the same treatment as other large household appliances, at least for
the older CFC containing appliances in the stream. For this category, proper removal
of CFC should be prioritised over high recycling percentages,
• Small Household Appliances: Small household appliances (SHHA) have a higher
chance of leakage to domestic waste disposal. In the collection results from different
Member States and systems, here are large differences in performance were found.
This indicates room for improvement in collection. The weight based recycling
targets are the most difficult to achieve. The environmental outcomes demonstrate
that increasing plastics recycling for sorted plastics does contribute to higher
environmental performance. However, for smaller products and mixed plastics, the
plastic recycling scenario is less eco-efficient. The analysis showed that the most
positive option is to develop Best available techniques / Industry standards for what
represents best practice for dealing with SHHA as multiple environmental concerns
have to be balanced at the same time,
• CRTs and Flat Display Panel: Over time, CRT amounts collected will go down to
zero. Due to the lead content and concerns connected to illegal waste shipments, the
collection should be maximised. A specific collection target should be made dynamic
over time as these appliances are replaced by flat panel displays and therefore the
total weight put on market will go down. For CRT recycling, environmental evidence
demonstrates that the different types of recycling have very different environmental
levels of re-application. A more specific focus on CRT-to-CRT glass recycling is
environmentally beneficial (as long as possible in the secondary materials market).
43
An important finding is that the lowest environmental preferences are also being
accounted for as useful re-applications and thus as recycling operations (in the past),
which can become environmentally counterproductive.
For FDPs, the numbers placed on the market are rapidly increasing, however they
hardly return as waste at the moment. For LCD screens, the main environmental
concern is control over the mercury content. Due to the absence of proper recycling
solutions, the high risk of mercury emissions from these panels point to a strict
target setting for mercury removal without causing Health and Safety risk and proper
control over treatment as the technical costs per piece or per ton will likely be very
high. Recycling targets are of secondary priority.
• Lamps: Similar to LCD screens, collection and recycling is very relevant in order to
prevent mercury emissions. The costs of collection are high and gas discharge lamps
are classified as hazardous waste. Due to the high total amount of mercury present
and place on the market, collection targets should be relatively high. Again, recovery
of the mercury is to be prioritised over high recycling targets.
Besides, the more differentiated target setting displayed above, there are other
conditions for success following from the discussed options that promote a higher
level of simplification and realisation of implementing the WEEE Directive in
practice beyond changing the legal text as such.
Currently, the extended producer responsibility principle (EPR) can work
counterproductively as the most relevant environmental improvement potential is
connected to higher collection amounts and improved quality of treatment, which in
any case are more expensive. Therefore with WEEE being a societal problem, it
demands a societal solution where all stakeholders contribute in line with their
positive influence on the solutions side.
This leads to the conclusion that:
• Either producers should remain primarily financially responsible and should be
given the necessary means including better access to WEEE, combined with a more
dynamic and higher collection target based on quantities put on market in the past,
OR
44
• Another stakeholder, the Member States themselves, or Compliance Schemes as a
more independent and separate entity (with producers as part of the board together
with other stakeholders) can be made primarily responsible. This way, both an
incentive for collecting more and treating better can be maintained together with
competition between Schemes that can form a lasting incentive to improve cost-
efficiency. In any case, by clearly addressing the responsibilities of other stakeholders
as well, the collection and treatment results can be improved. For environmental
reasons, EPR with respect to Design for Recycling should be removed from the
Directive and placed in (i) RoHS for removability guidance for exempted
components with severe environmental or toxic properties and (ii) other ecodesign
incentives can be made part of EuP for overall balancing. This would avoid design
activities with contradictive environmental effects in different life-cycle stages for
instance due to higher energy consumption in the use phase or higher resource
consumption due to more environmentally burdening primary raw materials.
Therefore, an attempt has been made hereinafter to draft rules and legal guidelines
with regard to efficient handling management of E-Waste generated in the State of
Gujarat in accordance with and in the light of the aforementioned effective models of
E-waste Management in developed nations like Japan as well as Scandinavian
nations.
PROPOSED GUIDELINES
Responsibilities
Responsibilities of the producer
The producer shall be responsible for;-
(1) collecting of any e-waste generated during the manufacture of electrical and
electronic equipment and channelizing the same for recycling or disposal.
(2) ensuring that all electrical and electronic equipment are provided with a unique
serial number or individual identification code for tracking their products in the e-
waste management system.
45
(3) collecting e-waste generated from the ‘end of life’ of their products in line with the
principle of ‘Extended Producer Responsibility’ (EPR), and to ensure that such e-
wastes are channelized to registered refurbisher or dismantler or recycler.
(4) setting up collection centers or take back system either individually or collectively for
all electrical and electronic equipment at the end of their life.
(5) financing, and organizing a system to meet the costs involved in the
environmentally sound management of e-waste generated from the „end of life. of its
own products and historical waste available on the date from which these rules come in
to force. Such financing system shall be transparent. The producer may choose to
establish such financial system either individually or by joining a collective scheme.
(6) providing contact details such as address, telephone numbers/helpline number and
e-mail of dealers and authorized collection centers to consumer(s) or bulk consumer(s)
so as to facilitate return of used electrical and electronic equipment.
(7) creating awareness through publications, advertisements, posters, or by any other
means of communication and information booklets accompanying the equipment, with
regard to the following:
(i) information on hazardous constituents in e-waste electrical and electronic
equipment;
(ii) information on hazards of improper handling, accidental breakage, damage
and/or improper recycling of e-waste;
(iii) instructions for handling the equipment after its use, along with the Do’s and
Don’ts;
(iv) affixing the symbol given below on the products to prevent e-waste from being
dropped in garbage bins containing waste destined for disposal;
46
(8) obtaining an authorization from the Gujarat State Pollution Control Board or
Pollution Control Committee in accordance with the procedures prescribed;
(9) maintaining records of the e-waste handled Such records should be available for
scrutiny by the appropriate authority.
(10) filing annual returns in to the Gujarat Pollution Control Board or Pollution
Control Committee, on or before the 30th day of June following to the financial year to
which that return relates.
Responsibilities of Dealers. –
(1) Every dealer shall be responsible to collect the e-waste by providing the consumer(s)
a box, bin or a demarcated area to deposit e-waste.
(2) Every dealer shall make an application to the Gujarat Pollution Control Boards or
Pollution Control Committees for grant of one time registration;
(a) the Gujarat Pollution Control Board or Pollution Control Committees shall
register the dealer on a one time basis and registration would be considered as deemed
if not objected to within a period of 30 days.
(b) the registered dealer shall be required to submit details of e-waste collected to the
Gujarat Pollution Control Board or Pollution Control Committees on yearly basis and
registration would be liable for cancellation on failure to furnish these details to the
Gujarat State Pollution Control Board or Pollution Control Committees:
Provided that the registration granted to the dealer shall not be cancelled unless he has
been given a reasonable opportunity of hearing.
(3) Every dealer shall ensure that the e-waste thus collected is safely transported back to
the producer or to authorized collection centre as the case may be.
47
(4) Every dealer shall file annual returns to the Gujarat State Pollution Control
Board or Pollution Control Committee, on or before the 30th day of June following to
the financial year to which that return relates.
(5) Every dealer shall maintain records of the e-waste handled and such records should
be available for scrutiny by the appropriate authority.
Responsibilities of Refurbisher. –
(1) Every refurbisher shall collect e-waste generated during the process of refurbishing
and channelized the waste to authorized collection center.
(2) Every refurbisher shall make an application to the Gujarat State Pollution Control
Boards or Pollution Control Committees for grant of one time registration;
(a) the Gujarat State Pollution Control Boards or Pollution Control Committees shall
register the refurbisher on a one time basis and registration would be considered as
deemed if not objected to within a period of 30 days.
(b) the registered refurbisher shall be required to submit details of e-waste generated to
the Gujarat State Pollution Control Board or Pollution Control Committees on yearly
basis and registration would be liable for cancellation on failure to furnish these details
to the State Pollution Control Boards or Pollution Control Committees:
Provided that the registration granted to the refurbisher shall not be cancelled unless he
has been given a reasonable opportunity of hearing.
(3) Every refurbisher shall ensure that the e-waste thus collected is safely transported
back to authorized collection centre or registered recyclers as the case may be.
(4) Every refurbisher shall file annual returns to the Gujarat State Pollution Control
Board or Pollution Control Committee, on or before the 30th day of June following to
the financial year to which that return relates.
48
5) Every refurbisher shall maintain records of the e-waste handled and such records
should be available for scrutiny by the appropriate authority.
Responsibilities of Collection Centers –
Any person(s) operating collection centre(s) individually or collectively shall,-
(1) obtain an authorization in accordance with the procedures prescribed from the
Gujarat State Pollution Control Board or Pollution Control Committee as the case
may be and provide details such as address, telephone numbers/helpline number, e-
mail, etc. of such collection centre(s) to the general public.
(2) ensure that the e-waste collected by them are stored in a secured manner till these
are sent to producer(s) or refurbisher or registered dismantler(s) or recycler(s) as the
case may be;
(3) ensure safe transportation of the e-waste; and
(4) ensure that no damage is caused to the environment during storage and
transportation of e-waste; and
(5) file annual returns to the Gujarat State Pollution Control Board or Pollution
Control Committee on or before the 30th day of June following to the financial year to
which that return relates.
(6) maintain records of the e-waste handled and such records should be available for
scrutiny by the appropriate authority.
Responsibilities of Consumer or Bulk Consumer. –
(1) Consumers of electrical and electronic equipment shall ensure that e-waste are
deposited with the dealer or authorized collection centers.
(2) Bulk consumers of electrical and electronic equipment shall ensure that e-waste are
auctioned to or deposited with the dealer or authorized collection centers or refurbisher
49
or registered dismantler or recyclers or avail the pick-up or take back services provided
by the producers; and
(3) Bulk consumers shall file annual returns to the Gujarat State Pollution Control
Board or Pollution Control Committee on or before the 30th day of June following to
the financial year to which that return relates.
Responsibilities of Dismantler –
Every dismantler shall,-
(1) obtain registration from the Central Pollution Control Board in accordance with
the procedures prescribed.
(2) ensure that no damage is caused to the environment during storage and
transportation of e-waste;
(3) ensure that the dismantling processes do not have any adverse effect on the health
and the environment;
(4) ensure that the facility and dismantling processes are in accordance with the
standards or guidelines published by the Central Pollution Control Board from time to
time; and
(5) ensure that dismantled e-waste are segregated and sent to the registered recycling
facilities for recovery of materials;
(6) ensure that non-recyclable/non- recoverable components are sent to authorized
treatment storage and disposal facilities.
(7) file a return to the State Pollution Control Board/Committee of Union Territories
as the case may be, on or before 30th June following to the financial year to which that
return relates.
50
(8) not process any e-waste for recovery or refining of materials, unless he is registered
with Central Pollution Control Board as the recycler for refining and recovery of
materials.
Responsibilities of Recycler/ Reprocessor –
Every recycler shall
(1) obtain registration from Central Pollution Control Board in accordance with the
procedures prescribed.
(2) ensure that the facility and recycling processes are in accordance with the standards
laid down in the guidelines published by the Central Pollution Control Board from
time to time;
(3) make available all records to the Central or Gujarat State Pollution Control Board
for inspection;
(4) ensure that residue generated thereof is disposed of in a hazardous waste treatment
storage disposal facility;
(5) file annual returns to the Gujarat State Pollution Control Board on or before 30th
June following to the financial year to which that returns relate.
Procedure for Seeking Authorization For Handling E-Wastes
Procedure for Grant of Authorization.–
(1) Every producer, collection centre, dismantler and recycler of e-waste shall require to
obtain an authorization from the Gujarat State Pollution Control Board.
(2) Every producer, collection centre, dismantler and recycler of e-waste shall make an
application, within a period of three months starting from the date of commencement of
these rules to the State Pollution Control Board or the Pollution Control Committee
for grant of authorization;
51
Provided that any person authroised under the provisions of the Hazardous Wastes
(Management, Handling and Transboundary Movements) Rules, 2008, prior to the
date of coming into force of these rules shall not require to make an application for
authorization till the period of expiry of such authorization;
Provided further that a recycler of e-waste who has not been authorised under the
provisions of the Hazardous Waste (management, Handling and Transboundary
Movements) Rules, 2008, shall require to follow the procedure mentioned in sub rule
(1) above.
(3) On receipt of the application complete in all respects for the authorization, the State
Pollution Control Board or Pollution Control Committee of Union Territories may,
after such enquiry as it considers necessary and on being satisfied that the applicant
possesses appropriate facilities, technical capabilities and equipment to handle e-waste
safely, grant within a period of one hundred and twenty days an authorization to the
applicant to carry out safe operations in the authorized place only, which shall be valid
for a period of five years.
(4) The State Pollution Control Board or Pollution Control Committee of the Union
Territories after giving reasonable opportunity of being heard to the applicant shall
refuse to grant any authorization.
(5) Every person authorized under these rules shall maintain the record of e-waste
handled by them and prepare and submit to the State Pollution Control Board or
Pollution Control Committee, an annual return containing the details specified on or
before 30th day of June following to the financial year to which that return relates.
(6) An application for the renewal of an authorization shall be made at least two
months (sixty days) before its expiry and the State Pollution Control Board or
Pollution Control Committee may renew the authorization after examining each case
on merit and subject to the condition that there is no report of violation of the
52
provisions of the Act or the rules made there under or the conditions specified in the
authorization.
(7) Every producer, collection centre, dismantler and recycler shall take all steps,
wherever required, to comply the conditions specified in the authorization.
(8) The State Pollution Control Board in case of a respective State or the Pollution
Control Committee in case of Union Territories shall maintain a register containing
particulars of the conditions imposed under these rules for environmentally sound
management of e-waste, and it shall be open for inspection during office hours to any
person interested or affected or a person authorized by him on his behalf.
Power to Suspend or Cancel an Authorization.-
(1) The State Pollution Control Board or Pollution Control Committee of the Union
Territories may, if in its opinion, the holders of the authorization has failed to comply
with any of the conditions of the authorization or with any provisions of the Act or
these rules and after giving a reasonable opportunity of being heard and after
recording reasons thereof in writing cancel or suspend the authorization issued under
these rules for such period as it considers necessary in the public interest.
(2) Upon suspension or cancellation of the authorization, the State Pollution Control
Board or Pollution Control Committee of the Union Territories may give directions to
the persons whose authorization has been suspended or cancelled for the safe storage of
the e-waste and such person shall comply with such directions.
Procedure for Registration with Central Pollution Control Board
Procedure for Grant Registration. –
(1) Every dismantler or recycler of e-waste shall make an application, within a period
of three months starting from the date of commencement of these rules, in triplicate to
the Member Secretary of the Central Pollution Control Board enclosing accompanied
with a copy of the following documents for the grant or renewal of registration:-
53
(i) consent to establish granted by the State Pollution Control Board under Water
(Prevention and Control of Pollution) Act, 1974, (25 of 1974) and Air (Prevention
and Control of Pollution) Act, 1981(21 of 1981);
(ii) certificate of registration issued by the District Industries Centre or any other
government agency authorized in this regard;
(iii) proof of installed capacity of plant and machinery issued by the District Industries
Centre or any other government agency authorized in this behalf
(iv) in case of renewal, a certificate of compliance of effluent and emission standards,
treatment and disposal of hazardous wastes as applicable from the Gujarat State
Pollution Control Board or Committee of the UT or any other agency designated for
this purpose; and
Provided that any person registered under the provisions of the Hazardous Wastes
(Management, Handling and Transboundary Movements) Rules, 2008, prior to the
date of coming into force of these rules shall not require to make an application for
registration till the period of expiry of such registration;
Provided further that a recycler of e-waste who has not been registered under the
provisions of the Hazardous Waste (management, Handling and Transboundary
Movements) Rules, 2008, shall require to follow the procedure mentioned in sub rule
(1) above.
(2) The Central Pollution Control Board, on being satisfied that the application is
complete in all respect and that the applicant is utilizing environmentally sound
technologies and possess adequate technical capabilities, requisite facilities and
equipment to recycle and process e-waste, may grant registration to such applicants
stipulating therein necessary conditions as deemed necessary for carrying out safe
operations in the authorized place only.
54
(3) The Central Pollution Control Board shall dispose of the application for
registration within a period of ninety days from the date of the receipt of such
application complete in all respects.
(4) The registration granted under these rules shall be valid initially for a period of
two years and thereafter for a period of maximum five years on subsequent renewals
from the date of its issue, unless the operation is discontinued by the unit or the
registration suspended or cancelled by the Central Pollution Control Board.
(5) The Central Pollution Control Board may after giving reasonable opportunity of
being heard to the applicant, by order, refuse to grant or renew.
(6) The Central Pollution Control Board shall monitor the compliance of conditions
stipulated for granting registration.
(7) The Central Pollution Control Board may cancel or suspend a registration granted
under these rules, if it has reasons to believe that the registered recycler has failed to
comply with any of the conditions of registration, or with any provisions of the Act or
rules made there under, after giving an opportunity to the recycler to be heard and after
recording the reasons there for.
(8) An application for the renewal of registration shall be made at least two months
(sixty days) before its expiry and the Gujarat State Pollution Control Board or
Pollution Control Committee may renew the registration after examining each case on
merit and subject to the condition that there is no report of violation of the provisions of
the Act or the rules made there under or the conditions specified in the registration.
(9) The dismantler or recycler shall maintain records of the e-waste purchased and
processed and shall file annual returns of its activities of previous year to the Gujarat
State Pollution Control Board or Pollution Control Committee on or before 30th day
of June of every year
55
(10) The Central Government and the Central Pollution Control Board may issue
guidelines for standards of performance for recycling processes from time to time.
Procedure for Storage of E-Waste.-
(1) Every producer, dealer, collection centre, dismantler or recyclers may store the e-
waste for a period not exceeding one hundred and twenty days and shall maintain a
record of collection, sale, transfer, storage and segregation of wastes and make these
records available for inspection:
Provided that the Gujarat State Pollution Control Board may extend the said period
in following cases, namely:
(i) Dismantlers and Recyclers up to six months of their annual capacity; or
(ii) Collection centers who do not have access to any registered dismantling or
recycling facility in the Gujarat state; or
(iii) The waste which needs to be specifically stored for development of a process
for its recycling, reuse.
Reduction In The Use Of Hazardous Substances (RoHS) In The
Manufacture Of Electrical And Electronic Equipment
Reduction in the use of hazardous materials in the manufacture of electrical and
electronic equipment .–
(1) Every producer of electrical and electronic equipment shall comply with the
threshold limits as prescribed for the use of certain hazardous substances in electrical
and electronic equipment. Such reduction in use of hazardous substances in electrical
and electronic equipment shall be achieved within a period of three years from the date
of commencement of these rules.
56
(2) In the event of such reduction in the hazardous materials used in the electrical and
electronic equipment, the detailed information on the constituents of the equipment shall
be provided in the product information booklet.
(3) Imports or placement in the market for electrical and electronic equipment shall
only be permitted for those which are RoHS compliant.
(4) Every producer or importer of electrical and electronic equipment shall furnish in
written a declaration with regard to compliance to the requirements.
Miscellaneous
Every producer(s), dealer(s), collection centre(s), refurbisher(s), dismantler(s),recycler(s),
auctioneer(s) consumer(s) or bulk consumer(s) shall not import used electrical and
electronic equipment in Gujarat for use.
Duties of Authorities:-
Subject to the other provisions of these rules, the authority shall perform duties.
Annual Report.-
(1) The Gujarat State Board and the Committees shall prepare and submit to the
Central Pollution Control Board an annual report with regard to the implementation
of these rules by the 30th September every year.
(2) The Central Pollution Control Board shall prepare the consolidated annual review
report on management of municipal solid waste and forward it to the Central
Government along with its recommendations before the 30th December every year.
Transportation of E-Waste. –
(1) The transportation of e-waste, when these are intact, shall be like any other
electrical and electronic equipment.
57
(2) In case of transportation of e-waste either for dismantling or for recycling or for
final disposal to a facility existing in a State other than the State where the waste is
generated/ collected, the transporter shall obtain ‘No Objection Certificate’ from the
State Pollution Control Board of the State of transit.
(3) In case of transportation of e-waste through a State other than the State of origin
of destination, the transporter shall intimate the Gujarat State Pollution Control
Board beforehand.
Accident reporting and follow-up.- where an accident occurs at the facility processing
e-waste or during transportation of e-waste, the producer, transporter, dismantler,
refurbisher or recycler, as the case may be, shall report immediately to the State
Pollution Control Boards/Committees of Union Territories about the accident
providing the details.
Liability of the Producer, Collection Centre, Transporter, Dismantler
and Recycler of E-Waste. –
(1) The producer, collection centre, transporter, dismantler and recycler, as the case may
be, based on their respective responsibilities defined earlier shall be liable for any
damages caused to the environment or the human health including third parties due to
improper handling and disposal of e-waste.
(2) The producer, collection centre, transporter, dismantler and recycler as identified to
be liable in (1) above shall inform the Central/State Pollution Control
Board/Committees of Union Territories of the damages caused and undertake to
reinstate or restore damaged or destroyed elements of the environment at his cost,
failing which they shall be liable to pay the entire cost of remediation or restoration of
the environment.
(3) The consumer shall be liable to deposit the e-waste with the authorized dealers, or
collection centre failing which they shall be liable to pay a fine as specified in the act for
any violation of the provisions under these rules. The collection, storage,
58
transportation, segregation, refurbishment, dismantling recycling and disposal of e-
waste shall be in accordance with the procedures prescribed in these and other
guidelines published by the Central Pollution Control Board from time to time.
Appeal. –
(1) Any person aggrieved by an order of suspension or cancellation or refusal of
authorization or its renewal passed by the State Pollution Control Board or Pollution
Control Committee, may within a period of thirty days from the date on which the
order is communicated to him, prefer an appeal to the Appellate Authority comprising
of the Environment Secretary of the State.
(2) Any person aggrieved by an order of suspension or cancellation or refusal of
registration or its renewal passed by the Central Pollution Control Board, may, within
a period of thirty days from the date on which the order is communicated to him, prefer
an appeal to the Appellate Authority comprising of the Secretary, to the Government of
Gujarat in the Ministry of Environment and Forests.
(3) The appellate Authority may entertain the appeal after the expiry of the said period
of thirty days if it is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time.
(4) Every appeal filed under this rule shall be disposed of within a period of sixty days
from the date of its filling.
List of Authorities and Corresponding Duties
The Gujarat State Pollution Control Board
(i) Inventorization of e-waste.
(ii) Grant & renewal of Authorization
(iii) Monitoring compliance of authorization and registration conditions
(iv)Maintain information on the conditions imposed for authorization etc.
59
(v) Implementation of programmes to encourage environmentally sound recycling
(vi)Action against violations of these rules
(vii) Any other function delegated by the Ministry under these rules
Ministry of Information & Technology, Department of Information
Technology, Government of Gujarat.
(i) Enforcement of reduction in use of hazardous substances (RoHS)
(ii) Initiatives for IT industry for reducing hazardous substances, RoHS compliance
(iii) Set targets for RoHS compliance
(iv) Incentives and certification for green design/products
CONCLUSION While the circumstances, types and management practices of e-waste generation are
different in the developing countries, e-waste regulations and management in
Europe and Japan provide a good example of dealing with the growing e-waste
problems. Europe and Japan though having similar regulations, have different
approaches to e-waste management, with one emphasising environmental
legislations and the other, technological advancement. Past experiences in the
developed countries related to electronic waste policies reveal that legislation should
serve multiple and broader societal goals. It should also clearly define the roles,
responsibilities and definitions of waste included under the ambit of the legislation in
order to minimise administrative burden and confusion. Crucial and useful in the
implementations is the separation of basic legal framework from operational
standards. Dealing with e-waste management is a long term process involving
cooperation between different stakeholders and technological advancements for
better handing of e-waste and e-waste minimisation by better designing of future
electronic products. Even in developed countries such as the EU and Japan which
have had long experience in e-waste management, there is vast potential for future
improvements in e-waste collection and handling. However existing good practices
from developed countries provide valuable lessons and insights for developing
60
countries to deal with e waste and its management both in terms of good practices
that can be adopted and considered in formulating or reviewing existing e-waste
legislation in the country and most importantly the State of Gujarat.
REFERENCES:
• Basel Convention, Country Fact Sheet Japan, http://www.basel.int/natreporting/cfs.html
• Bush, S., 2006, Japan's waste policy puts UK to shame,
http://www.electronicsweekly.com/Articles/2006/01/18/37373/japans-waste-policy-puts-
uk-toshame.html
• ICSCG, 2003, Waste Electric & Electronic Equipment (WEEE), May 2003, ICSG/IC/10
www.icsg.org/News/Infocirculars/ICSGInfoCircularWEEEDirective.pdf
• Jefferies, M., 2006, E-Wasted Toys and gadgets become toxic junk, thanks to the
circuitbored, World Watch Magazine ,Volume 19 Number 4, July/August, 2006, World Watch
www.collectivegood.com/WorldWatch.pdf
• Ministry of Economy, Trade and Industry (METI), 2006, Towards a 3R- oriented, sustainable
society: Legislation and Trends; Government of Japan.
http://www.meti.go.jp/policy/recycle/main/data/pamphlet/pdf/handbook2006_eng.pdf
• Savage, M. et al. (eds.), 2006, Implementation of the Waste Electric and Electronic
Equipment Directive in the EU 25, Technical Report Series, Ref: EUR 22231 EN.
http://www.jrc.es/publications/pub.cfm?id=1408
• European Recycling Platform, 2005, Strategy, Business Model and Implementation Progress
www.electronicsrecycling.org/NCER/UserDocuments/erp_presentation.pdf
• www.ieewaste.org/5227986e-Waste_Management_Models_for_India.pdf
http://www.ieewaste.org/
• SEWPF, 2004, Implementing the WEEE Directive in the UK: Developing a Method of WEEE
Allocation Strategic Electronic Waste Policy Forum, SWEPF Allocation Paper, Version 2.1,
www.berr.gov.uk/files/file29964.pdf
• Draft E-waste (Management and Handling) Rules, 2010, Government of India.
61
62
Article III. ELECTRIC LAMPS (FTL, CFL, ICL AND
SPECIAL LAMPS)
PREFACE
As a nation, we are not very aware about disposal practices
and every item, irrespective of whether it is food, paper, plastic
or electronics, goes into the same dustbin. Thus, laws and a
proper system, both are needed if we are to prevent
contamination of our soil and also want a sustainable society.
This Section deals with the disposal of three kinds of lamps-
fluorescent tube lights (FTLs), Compact Fluorescent Lamps
(CFLs) and Incandescent Lamps. The stake-holders are the
Lamp manufacturer, Lamp Dealer, Bulk user/ Consumer,
Electric service contractor and the Electric O&M Company.
FTLs (FLUORESCENT TUBE LIGHTS)
INTRODUCTION:
These contain mercury, which is highly poisonous even in small quantities, so it is
very important to ensure that they do not find their way to the landfill.
The amount of mercury in a fluorescent lamp ranges between 3.5 to 15 milligrams,
depending on the type of fluorescent lamp, the manufacturer, and when the
fluorescent lamp was manufactured.
Polychlorinated biphenyls (PCBs) were used in earlier versions of fluorescent lamps.
PCB production was banned by the United States Congress in 1979 and by the
Stockholm Convention on Persistent Organic Pollutants in 2001.5
5 Porta M, Zumeta E. Implementing the Stockholm treaty on POPs [Editorial]. Occupational & Environmental Medicine 2002; 59: 651-652. Found at : http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1740221/pdf/v059p00651.pdf
63
Hazard: A ballast leak or fire could happen at any time, without warning. A leak or
fire may pose health issues for the staff or students who are exposed, and every
release of PCBs from the ballast constitutes an unauthorized disposal of PCBs.6
BEST PRACTICES:
USA:
While disposal requirements for mercury-containing lamps vary from state to state,
the federal Universal Waste Rule lays out the following basic standards for handling
spent lamps7:
− Used lamps that are accumulated for recycling should be stored in packaging
that minimizes lamp breakage. Used lamps may be stored in drums, boxes, or
the cartons they originally came in. The packaging must remain closed unless
lamps are being added or removed. Any broken lamps must be stored
separately in a sealed container. Used lamps must be clearly labeled as
“Universal Waste Lamps” or “Waste Lamps” or “Used Lamps.”
− Used lamps should be stored and handled in a way that prevents breakage.
Any releases to the environment from broken lamps must be contained
immediately and handled properly.
− Businesses are responsible for educating their employees on the proper
handling of used mercury-containing lamps and emergency procedures in
case of breaks or spills.
− Businesses may accumulate and store used lamps for up to one year before
sending them to a recycler. The container in which the used lamps are stored
should be marked with the earliest date that the lamps were placed into the
container.
− Shipments must only be sent to other handlers of universal waste or a final
destination facility where recycling occurs. Those transporting waste lamps
6 http://www.epa.gov/osw/hazard/tsd/pcbs/pubs/ballasts.htm 7 http://www.epa.gov/osw/hazard/wastetypes/universal/lamps/faqs.htm
64
must comply with Department of Transportation regulations. Transporters
are responsible for containing any releases to the environment.
− Neither a business nor transporters may dispose of, dilute (mix with other
wastes), or treat mercury-containing lamps. Businesses should check with
their state or municipality to see if other regulations apply.
Australia:
FluoroCycle is a voluntary, national scheme that aims to increase recycling of
mercury-containing lamps. It commenced operations on 21 July 2010. The initial
focus of the scheme is on those sectors that account for the largest consumption of
mercury containing lamps, the commercial and public lighting sectors.8
England:
Since the Hazardous Waste (England and Wales) Regulations were introduced in
2005, fluorescent light tubes, halogen and sodium lamps have been classed as
hazardous waste and therefore can't be disposed of in landfill.9
PROPOSED GUIDELINES:
1. The citizens and collectors should also be educated as to the different kinds of
lamps and their disposal i.e., it should be clearly laid down that what kinds of
lamps cannot be put along with the normal trash.
2. In Ahmedabad and some places in Mumbai, we already have door to door
collection of garbage. At such places, waste segregation should be made
compulsory and different coloured bins should be placed.
Moreover, boxes must be provided for lamps so that they do not break and the
mercury is not released. (USA)
3. The waste collection personnel should be trained to handle the lamps in such a
way that they do not break.
8 http://www.environment.gov.au/settlements/waste/lamp-mercury.html 9 http://www.phs.co.uk/wastemanagement/chemical-waste-services/lamp-recycling
65
4. The Rules should be stricter with respect to businesses and licenses should not be
given unless they have the proper facilities in place. For example, they can be
given the responsibility of accepting their own used lamps back for recycling. In
this manner, recycling will also be easier as the specifications of the reusable
parts will be the same.
66
CFLs (COMPACT FLUORESCENT LAMPS)
INTRODUCTION:
It is important to know about CFL disposal as these bulbs contain mercury, a
poisonous chemical, and shouldn’t ideally be left in the open along with other
household waste. Mercury is poisonous even in small quantities and it is thus very
important that broken CFLs are handled carefully.
Currently, no regulation is in place. Random practices are in place. To top it up, the
practices are unsafe as only the metal part is retrieved and the rest left on the
ground/ municipal landfills. This is done even though the glass, plastic and circuitry
are also recyclable.
The main problem with CFLs is that each bulb contains about 5 milligrams of
mercury that is sealed within glass tubing. In comparison, older thermometers
contain about 1,000 milligrams. Manufacturers are taking steps to reduce mercury in
their fluorescent lighting products; some CFL bulbs now contain as little as 2
milligrams.10
But, on the whole, CFLs reduce the amount of mercury emissions in the
environment. This is because the U.S. alone is responsible for the release of 103
metric tons of mercury emissions each year. More than half of these emissions come
from coal-fired electrical power.11
BEST PRACTICES:
US:
It is unlawful to dispose of fluorescent bulbs as universal waste in the states
of California, Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.12
The U.S. Environmental Protection Agency (EPA) recommends that, in the absence
of local guidelines, fluorescent bulbs be double-bagged in plastic before disposal.
The Maine DEP study of 2008 compared clean-up methods, and warned that the
10 http://www.ecolights.com/pdfs/PSE_Free_CFL_Collection_Sites.pdf 11 http://www.energystar.gov/ia/partners/promotions/change_light/downloads/Fact_Sheet_Mercury.pdf 12 http://www.epa.gov/waste/hazard/wastetypes/universal/lam
67
EPA recommendation of plastic bags was the worst choice, as vapors well above safe
levels continued to leach from the bags. The Maine DEP now recommends a sealed
glass jar as the best repository for a broken bulb.
The US EPA gives guidelines for cleanup but they are just for the general information
of the public. They are not to be followed compulsorily.
EU:
In the European Union, CFLs are one of many products subject to
the WEEE recycling scheme. The retail price includes an amount to pay for recycling,
and manufacturers and importers have an obligation to collect and recycle CFLs. Safe
disposal requires storing the bulbs unbroken until they can be processed. In the
U.S., the Home Depot is the first retailer to make CFL recycling options widely
available.13
Japan:
70% of the municipalities positively evaluate enforcement status of the Home
Appliance Recycling Law.14 The Law for the Recycling of Specified Kinds of Home
Appliances (referred to as the "Home Appliance Recycling Law"), enforced in April
2001, promotes proper disposal by consumers, collection from consumers and
delivery to manufacturers by retail shops and recycling by manufacturers with regard
to the designated four post-consumer use home appliances (air conditioners,
television sets, refrigerators and washing machines).15
13 Rosenbloom, Stephanie "Home Depot Offers Recycling for Compact Fluorescent Bulbs". The New York Times, June 24, 2008. Found at: http://www.nytimes.com/2008/06/24/business/24recycling.html?em&ex=1214625600&en=8ddbcb7023c75243&ei=5087%0A 14 http://www.env.go.jp/en/press/2005/1027a.html 15 http://www.env.go.jp/en/press/2005/0527a.html
68
Thus, Japan is an ideal role model for the purposes of recycling.
69
PROPOSED GUIDELINES:
Companies:
1. The retail price should include an amount to pay for recycling, and
manufacturers and importers should have an obligation to collect and recycle
CFLs. (followed in the EU)
2. Companies should disclose mercury content (in milligrams - mg) and any lead
in solder and/or glass.
3. The permissible level of mercury and the minimum thickness of glass should be
fixed to ensure that 1) breakage is not caused easily and 2) if broken, the
mercury levels released in homes as a result are not harmful.
4. The CFLs should be of a minimum quality and should have a minimum life
span. (This should be made compulsory even if the cost initially increases, as this
will reduce the consumption of different units of the same goods. Over the years,
the lamps will automatically become more and more affordable.)
5. The CFL should be fully recyclable.
6. Manufacturers should not be given a license to produce CFLs unless they have
the proper recycling facilities or have arranged for the same.
7. A minimum percentage of all of the waste they get back should be absorbed into
the same industry.
8. If the recycled material cannot be absorbed in the same industry, it should be fed
into another industry. (Circular economy concept)
9. The packaging material to be used should be specified. In this way, the use of
plastic can also be reduced.
10. Unless all the above conditions are promised to be fulfilled or are fulfilled,
manufacturers should not be granted a license at all or their license should be
revoked.
Retailers:
70
1. It should be compulsory for retailers to accept for the purpose of recycling, all the
CFLs that they have sold. They should maintain a register for this purpose.
This will also keep a track of all the lamps that have not been returned. The
consumers should be penalized for this.
Consumers:
1. Special handling instructions on boxes and labels to prevent mercury poisoning.
Also, labels should say so if the lamps contain lead and also the amount of
mercury so that the consumers can make a conscious choice.
2. The door to door waste collection workers (as of the Ahmedabad Municipal
Corporation) should be educated to segregate the waste into recyclable and non-
recyclable. CFLs should be on the recyclable list to ensure that they are recycled.
3. Consumers should be held equally responsible if CFLs are found along with
their other household waste.
INCANDESCENT BULBS
INTRODUCTION:
These are relatively the least harmful, as they do not contain mercury. But they do
contain lead at levels that exceed hazardous waste limits.16
But, according to Ministry of Environment, New Zealand website, incandescent
lamps can be disposed of with the usual household rubbish.17
The incandescent light bulb cannot be recycled. It can only be reduced and/or
reused. Consumption of incandescent light bulbs can be reduced by replacing burned
out bulbs with CFLs that sport a lifespan of up to 10 years and can be recycled.
16 http://www.countyofdane.com/pwht/recycle/lamps_bulbs.aspx 17 http://www.mfe.govt.nz/publications/waste/disposal-household-lamps/index.html
71
Another way to reduce is to be very mindful of turning off lights in empty rooms,
prolonging the lifespan of existing bulbs.18
Even though this now outdated bulb has always been criticized for using a lot of
energy, it is safer in the sense that it does not contain mercury i.e., it does not bring
mercury inside homes where the vapours can be inhaled if and when the bulb breaks.
But, another part of the debate says that a lot more mercury is produced by the coal
fired power stations. Thus, reducing our electricity consumption by shifting to
mercury containing (energy efficient) lamps will reduce the release of mercury on
the whole, as is seen by the following statistics-
The U.S. EPA estimates that power plants will emit 10mg of mercury to power an
incandescent bulb over five years, in comparison with 2.4 mg of mercury to power
a CFL over the same period of time.19
BEST PRACTICES:
USA:
In the U.S., incandescent bulbs will be phased out by 2014 under the CLEAN Energy
Act of 2007.20
PROPOSED GUIDELINES:
India should phase out the use of incandescent bulbs. That shouldn’t be too difficult
as CFLs have been introduced into the market and are already widely in use. Due to
the possibility of lead content in the base of the bulb, they should be recycled.21
Recycle mercury containing lamps22:
− Recycling prevents the release of mercury into the environment. Fluorescent and
other mercury-containing bulbs often break when thrown into a dumpster, trash
18 No Recycling For Incandescent Light Bulbs: There Are Options To Reduce and Reuse The Electric Bulb | Suite101.com http://shannon-bly.suite101.com/no-recycling-for-incandescent-light-bulbs-a175793#ixzz1SZcdefFO 19 http://dnr.wi.gov/org/aw/wm/recycle/newpages/lightbulbs.htm 20 http://earth911.com/news/2009/09/03/incandescent-bans-initated-in-europe-set-for-u-s/ 21 http://dnr.wi.gov/org/aw/wm/recycle/newpages/lightbulbs.htm 22 http://www.epa.gov/osw/hazard/wastetypes/universal/lamps/basic.htm
72
can or compactor, or when they end up in a landfill or incinerator. To prevent
the release of mercury, these bulbs should be taken to a recycler before they break.
− Recyclers recover the mercury and other components for reuse. Other materials
in the bulbs get reused. Recycling CFLs and other fluorescent bulbs allows the
reuse of the glass, metals and other materials that make up fluorescent lights.
Virtually all components of a fluorescent bulb, including metal end caps, glass
tubing, and phosphor powder, can be separated and recycled. Recyclers often sell
the metallic portions as scrap metal. The recycled glass can be remanufactured
into other glass products. The mercury can be recycled into new fluorescent
lamps and other mercury-containing devices.
Labeling:
− The state of Connecticut has a
schedule of household hazardous
waste collections, as also satellite
collections, as per the various
towns.23
− Connecticut law requires that
products containing mercury be
labeled. The purpose of the label is to inform the consumer that the product
contains mercury and advise them to dispose of the lamp properly. Typical
labeling on packaging of CFLs reads: "Contains Mercury. Dispose of according
to Local, State and Federal Law".24
23 http://www.ct.gov/dep/cwp/view.asp?a=2718&q=325448&depNav_GID=1653 24 http://www.ct.gov/dEP/cwp/view.asp?A=2708&Q=378846
73
STAKEHOLDERS
Lamp manufacturer, Lamp Dealer:
Lamp manufacturers ought to have a country-wide take back program and it should be
the lamp dealers’ responsibility to accept the used bulbs.
Consumer:
On the other hand, it is the consumers’ responsibility, first of all to switch to CFLs and,
irrespective of whether they are bulk users or households, to return the bulbs where they
were bought from. If mercury containing bulbs are broken, they should be returned in a
plastic bag after following the correct method for collecting the remains and cleaning
up the mercury.
Unless they're broken or otherwise damaged, CFLs will hold their mercury
indefinitely. Rather than disposing of them with household trash, expended CFLs
should be stored until easy recycling is available.
WORK DISTRIBUTION
Gujarat Pollution Control Board
The function of the Board is to enforce the provisions of the following Acts, Rules and
Directives issued by the Authorities from time to time25:
− The Hazardous Waste (Management and Handling) Rules, 1989;
− The Municipal Solid Waste (Management and Handling) Rules, 2000
Hazardous Wastes (Management and Handling) Rules, 198926
25 http://gpcb.gov.in/Functions-Priorities.htm 26 http://envfor.nic.in/legis/hsm/hwamdr.html
74
In both Schedule-I and II of the Rules, there is a mention of mercury, but not in the
form of substances containing mercury, like bulbs. Schedule-I only talks of processes
requiring mercury, while Schedule-II specifies mercury concentration limits.
According to me, mercury containing substances should be included in these Rules. All
the rules are already in place, all that needs to be done is to bring these lamps under the
purview of the Act.
Municipal Solid Wastes (Management and Handling) Rules, 200027
Rule 4:
“Every municipal authority shall, within the territorial area of the municipality, be
responsible for the implementation of the provisions of these rules, and for any
infrastructure development for collection, storage, segregation, transportation,
processing and disposal of municipal solid wastes.”
According to Rule 3 (xxi), "segregation" means to separate the municipal solid wastes
into the groups of organic, inorganic, recyclables and hazardous wastes;
Thus, the work of segregating has already been given to the municipal authorities. All
that needs to be done is to increase the segregation to include one
Schedule –II (Management of Municipal Solid Wastes) also explains the manner in
which waste should be segregated, but all that needs to be done here is to make it more
specific to include mercury-containing bulbs.
Also, the municipal authority already has the duty of collection and segregation of
waste, so only a clearer segregation or classification which includes mercury containing
substances will be enough.
'P-1' BRANCH of the MoEF has been allotted the work of budget and establishment
of the Gujarat Pollution Control Board. Since GPCB is the body with the duty to 27 http://envfor.nic.in/legis/hsm/mswmhr.html
75
implement the segregation of work and the like, the increase in budget by
implementation of these suggestions will be taken care of by the P-1 Branch.
Moreover, “P-1 branch shall work as administrative branch for work on pollution
side. It shall maintain details as to for what period and which technical work has been
carried out in the department by which officer employee from Gujarat Pollution
Control Board and any other offices. It shall also carry out other establishment and
ancillary work regarding said officers / employees.”
Thus, the P-1 branch is the supervisory authority, and is to keep a tab of the work done
by the GPCB employees.
CONCLUSION
By using CFLs, a lot of electricity is saved, and as a result, the mercury emissions, on
the whole, will reduce to a great extent. The amount of mercury that comes in the
bulbs then, is negligible.
Even the Gujarat Pollution Control Board website encourages the use of CFL over
incandescent bulbs.28
The following table gives a comparison of the energy consumed by various bulb-
types29:
28 http://gpcb.gov.in/Do's-Don'ts.htm#link1 29 http://blog.gnu-designs.com/wp-content/uploads/2009/12/cfl-vs-led-vs-incandescent.jpg
76
The ultimate goal should be to shift to LED (Light Emitting Diode).
They are very expensive currently, but they are bound to get cheaper as their
popularity increases, and thus regulations should be brought in as soon as they hit
the markets.
Some other obvious benefits of LED over CFL (and incandescent) are:30
1. LED lights do not “shatter” or break like traditional incandescent or CFL
casings
2. They remain much cooler to the touch. This means you can have closer shades
or other elements around the bulbs, such as paper lamps, without the fear of
burning your house down
3. LED lights can be put into high-vibration situations, where a filament bulb or
CFL would be damaged pretty quickly
4. LED light bulbs do not flicker. This means no more headache, eyestrain or
monitor flicker from using them (like you would get with standard florescent
bulbs)
5. LED lights last longer, MUCH longer (decades longer), so they don’t need to
be changed as often
LEDs are already in use in traffic signals in Ahmedabad, and since political will has
taken us so far, it should also be able to take us further.
30 http://blog.gnu-designs.com/please-please-do-not-throw-your-cfl-bulbs-in-the-trash/
77
Article IV. CONTAINERS AND PACKAGING MATERIALS
PROPOSED GUIDELINES
1. The term “containers and packaging” as used in this guideline shall mean
containers and packaging of goods which become unnecessary when the said
goods have been consumed or when the said containers and packaging have been
removed from the goods. “Containers” can be thought of as things into which
merchandise is placed (this includes bags), and “packaging” as materials in
which merchandise is wrapped or packed. These shall include:
i. Glass containers like Bottles, cups and cup-shaped containers, plates and
trays, containers having a structure or form similar to any of the above,
stoppers, lids and caps for containers or items resembling these.
ii. PET bottles, which are Containers made mainly of polyethylene
terephthalate, and in he form of bottles or similar structures.
iii. Paper containers and packaging.
iv. Plastic containers and packaging.
v. Aluminium containers, cans, packaging like aluminium foils.
2. Business entities which manufacture “containers”, Business entities which sell
merchandise placed in “containers” or “packaging” of categories of items
specified above shall pay the local municipality a designated amount as recycling
fees. This fee shall depend on the nature of containers/packaging manufactured,
the amount manufactured, and the cost incurred to recycle them. This amount
shall be notified at the beginning of every fiscal year, and may vary from year to
year. Non-compliance with the payment of fees shall lead to the imposition of
strict penalty on the defaulting businesses.
78
3. The consumers must separate their containers and packaging waste into the four
categories mentioned in clause number 1, and must dispose them off separately,
by depositing them in their respective disposal bins, to be installed by the
Municipality in every apartment complex, colony, residential area.31
4. This waste shall then be collected by the municipality and stored in various
designated storage site across the state of Gujarat.
5. The state government shall select a recycling business entity among pre-
registered recycling business entities by public bidding in each designated storage
site in local municipalities by utilizing fees paid by manufactures specified in
clause number 2. Consigned recycling business entity transports the waste to
recycling facilities from storage sites in local municipalities and delivers the
recycled product for profit to the end user (businesses or manufacturers using
recycled products) after the process of recycling is finished.
6. When Recycling it should be ensured that the following requirements are
complied with for the respective wastes:
i) A. Glass bottles: When discarded, a glass bottle shall be crushed into cullet to
serve as glass material.
B. Plastic containers and packaging materials
a) Plastic products shall not contain harmful substances. No foaming agent
shall be used or, if used, foaming agent shall not use or release any substance
that is defined as destructive to the ozone layer. When discarded, a product
containing halogen-base polymer materials shall be recycled or disposed of by
an applicant, using a method other than burning which does not release
dioxin.
31
Consumers could also be instructed to dispose of their waste in two piles, one recyclables, and another non-recyclables. The Municipality can then employ sorters in each designated area to sort through the pile of recyclables and gather similar products together.
79
b) While using/recycling plastic containers and packaging materials, Recycled
Plastics Manufacture and Usage Rules. 1999 and Plastic Waste
(Management and Handling) Rules, 2011, shall be strictly complied with
C. Wood or bamboo containers and packaging material : No antiseptic or other
harmful substance shall be used when they are manufactured, or such harmful
substance shall not leak out.
ii) The instructions mentioned in clause (i) shall only act as reference. In the
presence of a more environmental friendly and feasible option, the said option
shall be required to be followed. This shall be determined by the State
Pollution Control Board
7. Payment by government to the recycling business entities is done after they check
a receipt or a delivery report issued by the user of recycled products that the
recycled waste was delivered to the user for sure.
8. The authority shall specify as to what nature/variety of plastic should be used
for various purposes, and this specification shall be strictly complied with.
9. Efforts should be made to use only a uniform colour of the packaging and
containers used, for various purposes, as this makes the recycling process simpler.
10. In cases where a manufacturer wants to recycle their own products, they can
collect the wastes themselves and can recycle the same and use it. In such cases,
recycling fees need not be paid to the municipality, provided appropriate records
are maintained to show that the said wastes have been collected and recycled.
80
11. Retail Stores have to install bins inside their stores where consumers can deposit
the unnecessary packaging from products purchased.32 Plastic packaging should
be reduced to the bare minimum.
12. Explicit pricing of carry bags.-33
No carry bags shall be made available free of cost by retailers/shop-keepers to
consumers. The concerned municipal authority may by notification determine the
minimum price for carry bags depending upon their quality and size which
covers their material and waste management costs in order to encourage their
re-use so as to minimize plastic waste generation.
13. Retail stores/shops are encouraged to give out cloth bags. The bags may be
charged a nominal amount, which can act as a deposit, which shall be
reimbursed once the bag is returned.
14. Containers and packaging of certain uniform standards, measurements alone
should be used, as this would considerably ensure easier, more efficient recycling.
Such standards shall be notified by the State Pollution Control Board.
15. Retail Shops, consumers are encouraged to use more recyclable materials like
glass, paper, and aluminium as much as possible for all their packaging and
container needs, and reduce the use of plastic to the bare minimum.
16. The aim of these guidelines is to recycle, reduce the maximum waste possible.
Hence, consumers are encouraged to reuse all containers, packaging which can
be reused, and are advised not to dispose them.
17. Manufacturers should avoid unnecessary packaging and must restrict it to only
what is necessary for the safe maintenance of their product. They are also
32
Practiced in Germany. 33 S. 10, Plastic Waste (Management and Handling) Rules, 2011
81
required to utilise recycled materials as much as possible in their manufacturing
activities.
18. Household consumers, who do not separate their trash from recyclable materials,
may be fined.34 The mandate for the same shall be given to each housing society
administration, municipal authority in charge of a area.
19. All sellers of frequently used products, which contain packaging, containers, may
collect back the used packaging, containers, in bulk from customers. The
customers shall be paid a nominal sum for the same.35
20. Prescribed Authority36
(a) for enforcement of the provisions of these rules related to registration,
manufacture and recycling shall be the State Pollution Control Board;
(b) for enforcement of the provisions of these rules relating to the use,
collection, segregation, transportation and disposal of containers/packaging
waste, the prescribed authority shall be the municipal authority concerned.
21. State Level Advisory Body.—37
(1) There shall be a State Level Advisory Body to monitor the
implementation of these Rules.
(2) The State Level Advisory Body shall consist of the following persons,
namely:-
34 This system is being debated to be implemented in the UK. 35 Eg: collection of used milk pouches. Customers can every fortnight/month deposit these at their local dairy, which may pay them a sum like Rs. 1 per ten/twenty pouches. These shall then be bought back by the manufacturing company. This way, customers are rewarded, waste is reduced, and even manufacturers get their own waste to recycle. 36
These authorities are in charge in Plastic Waste (Management and Handling) Rules, 2011, hence mandates of efficiency dictates they remain as authorities for these guidelines also. 37 Plastic Waste (Management and Handling) Rules, 2011
82
(a) the Secretary, Department of Urban
Development
- Chairman
(b) one expert from State Department of
Environment
- Member
(c) one expert from State Pollution Control Board
or Pollution Control Committee
- Member
(d) one expert from Urban Local Body - Member
(e) one expert from Non-Governmental
Organisation
- Member
(f) one expert from the field of Industry - Member
and
(g) one expert from the field of academic
institution
- Member
The State Level Advisory Body shall meet at least once in a year and may
invite experts, if it considers necessary.
22. Contravention of these provisions shall be met with severe penalty which may
include imprisonment and/or fine. The quantum of the same shall be decided
by the concerned authorities.
23. Manufacturers not adhering to these guidelines, despite warnings, shall face
shut down of their units.
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24. Manufacturers, Bulk Consumers adhering to these guidelines may be
rewarded, in the manner to be set by the State Government.38
38 They can be given subsidies on raw materials, exemption on tax payment, to make their product more commercially viable and successful.
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Article V. TEXTILE WASTE FROM INDUSTRIES
Gujarat is one of the leading industrial states in India and textile industry in
particular had contributed in a big way to the industrialization of the State. In fact,
development of many industries likes, Dyestuff, Chemicals, Engineering/Foundry
and Cotton farming is solely dependent on this sector. The State is well known for
development of Hy-breed Cotton, Ginning, power looms, composite mills, spinning
units and independent processing Houses.
Textile Industry in general has suffered a setback, in specific, in organized sector, all
over the country in the recent past. Gujarat was not an exception to this
development. However, growth is prominently observed in decentralized sectors e.g.
Power loom and Textile Processing, mainly in Surat and Ahmedabad. Overall
economic growth of the State is very much dependent on this sector. 24% to 28% of
fixed investment, production value and employment of the SSI sector are from
textiles alone. Further, 23% of GSDP comes out of textiles in the State, 16% of the
cultivated land area of the state is for cotton and Gujarat is the largest cotton
producer in the country. About 30% of woven fabric from organized sector and 25%
of decentralized power loom sector of the country comes from this State alone. Large
Fabric Process Houses are concentrated in Ahmedabad (250) and Surat (350) in the
State. Surat is the largest Centre of Art Silk Fabric producing over 40% of the Art Silk
fabric produced in the country. The State accounts for 12% share of the total textile
exports of the country. A large number of Garment Units and Garment Processing
Units are developed in urban areas of the State.
Realizing the need, State Government has, therefore, taken active step in developing
Apparel Park, one at Surat and the other at Ahmedabad under active support of
Union Ministry of Textile. Besides, Jetpur, a Centre of Saree Printing, has been
already earmarked for setting up a Textile Park in near future.
In Gujarat, textile industry mainly manufactures cotton-based fabrics in Mill Sector.
The major reason is being easy availability of the basic raw material in the State, i.e.
Cotton. Similarly, many spinning units producing only 100% cotton yarns were
established in the state. The State happened to be more conservative with cotton
textile products mainly in organized sector. Surat art silk manufacturers are only
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exceptions, weaving, Synthetic Textiles in decentralized sector. Similarly,
independent processing units' process synthetic blended and cotton fabrics. Clusters
of processing units are located at Surat, Ahmedabad (Narol) and Jetpur. Though
these units fall under decentralized sector, some of them operate on medium scale
production capacity having good capability of processing wide range of fabrics.
Ready-made garment manufacturers and hosiery knit wear units also exist in SSI
category. In early 1990s, Gujarat saw a dramatic change in its textile industry
scenario where quite a few textile mills started manufacturing denim. The Arvind
Mills, Ashima Textiles, Soma Textiles, Modern Denim, Arvee Denim started
manufacturing denim. So many mills at a time fetched a new name for Ahmedabad:
"Denim City of India" whereas city of Surat became Silky City of India.
INTRODUCTION
Waste has been defined as any product or substance that has no further use or value
for the person or organisation that owns it, and which is, or will be, discarded1.
However, what may be discarded by one party may have value to another. Thus, the
definition for ‘waste’ should be redefined to consider this waste as a potential
reusable resource for others. The amount of waste we generate, and its actual or
potential negative effects on the environment, are matters of concern to
governments, industry and the community. There is a wide variety of wastes and
waste streams, each with different environmental impacts. This paper is an
introduction to the issue of textile waste in Gujarat. The aim is to open discussion on
the issue, to provide a framework upon which to develop policies and programs to
assist management of the issue and to quantify & qualify the waste discarded by
Gujarat industry. This paper therefore advocates that an initial study be
commissioned on textile waste in Gujarat. In advance of this study, Waste is a
problem. Waste is perceived to be a problem for many reasons, but the three reasons
most often cited are that: waste disposal can harm the environment and human
health; space for landfills is claimed to be becoming scarce as councils strive for zero
waste targets; costs are increasing to use existing and replace landfills and waste is
the end of a products life cycle that causes costly environmental impacts and depletes
valuable resources. Some people also take an essentially moral view of waste
generation, arguing that it is symptomatic of wasteful and undesirable over
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consumption. The main method of waste disposal in Australia is landfill. Textile
waste in landfill contributes to the formation of leachate as it decomposes, which has
the potential to contaminate groundwater. Another product of decomposition in
landfill is methane gas, which is a major cause of greenhouse gases, significantly
contributing to global warming, although it can be utilised if collected. The
decomposition of organic fibres and yarn such as wool produces large amounts of
ammonia as well as methane. Ammonia is highly toxic in both terrestrial and aquatic
environments, and can be toxic in gaseous form. Cellulose-based synthetics decay at
a faster rate than chemical-based synthetics. Synthetic chemical fibres can prolong
the adverse effects of both leachate and gas production due to the length of time it
takes for them to decay. In the past textile waste has been incinerated in large
quantities, emitting organic substances such as dioxins, heavy metals, acidic gases
and dust particles, which are all potentially harmful to both humans and the
environment.39
Textile waste also arises during yarns and fabric manufacturing, apparel-making
processes and from the retail industry. They are the post-industrial waste. Apart
from these textile wastes other wastes such as PET bottles etc. are also used for
recycling polyester fibre.
What is “textile waste”?
Like all wastes, textile waste originates from the community via a number of streams
including the fibre, textile and clothing manufacturing industry, consumers, the
commercial and service industries. These are defined as pre-consumer, post-
consumer and industrial textile waste.
Pre-consumer textile waste or Post industrial textile waste
Pre-consumer textile waste is manufacturing waste that is generated by processing
fibres, (be they natural or synthetic fibres) and the production of finished yarns and
textiles, technical textiles, nonwovens, garments and footwear, including off-cuts,
selvages, shearings, rejected materials and/or B-grade garments. Whilst “cabbage”
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(over estimated fabric meters and off-cuts of saleable size) has for many years, been
resold into markets or made-up into smaller items, most pre-consumer textile waste
in Gujarat is simply sent to landfill. Pre-consumer textile waste is usually “clean
waste. Although the majority of textile waste originates from household sources,
waste textiles also arise during yarn and fabric manufacture, garment-making
processes and from the retail industry. These are termed post-industrial waste.
Post-consumer textile waste
Post-consumer textile waste consists of any type of garments or household textile
(such as sheets or towels) that the consumer no longer needs and decides to discard,
either because they are worn out, damaged, outgrown, or have gone out of fashion.
This category has typically been of reasonable to good quality garment that can be
recovered and subsequently recycled by another user as second-hand clothing, much
of which is sold to third-world nations. Clothing that is unlikely to be worn again is
potentially functional as it may be shredded into fibre to be used in products similar
in nature to those manufactured from pre-consumer textile waste.
Sources of Textile Waste
Majority of textile waste comes from household sources. Average lifetime of any
clothing is deemed to be for about 3 years, after which, they are thrown away as old
clothes. Sometimes even 'not so worn garments' are also discarded as they become
unfashionable, or undesirable. These are post-consumer waste that goes to jumble
sales and charitable organizations. Most recovered household textiles coming to
these organizations are sold or donated. The remaining ones go to either a textile
recovery facility or the landfill.
Textile waste also arises during yarns and fabric manufacturing, apparel-making
processes and from the retail industry. They are the post-industrial waste. Apart
from these textile wastes other wastes such as PET bottles etc. are also used for
recycling polyester fibre.
Textile waste recovery options
The vision of every organization and municipality is to recycle all of its waste into
usable products, thereby closing the life-cycle loop. Science teaches us that matter
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and energy are not destroyed, they merely change state. Waste contains significant
amounts of valuable resources that were once used as a raw material. Those products
have lived their useful lives and have become waste, but they still contain the same
matter end energy that went into their making. Logic suggests that by recovering
textiles, the demand for virgin resources is reduced. Material washing and energy
consumption still occur in the recycling processes, but they are considerably less
resource intensive and polluting than the processes involved in manufacturing
textiles from virgin fibre.
There is very little evidence of organised recovery of pre-consumer or industrial
textile waste specifically for reprocessing. However, with investment in appropriate
technology, there are a number ways by which textile waste can be recovered.
RECYCLE/REUSE
The multi-billion dollar worldwide recycling industry performs a vital social and
environmental function. The industry has no peer in terms of conserving the world's
resources while the various stages of the recycling process provide significant
employment around the world.
As mentioned previously, garments or household textile (such as sheets or towels)
can effectively be recycled by sale or gift to another user. The UK based Recycling
Association, estimates that up to 95% of the textiles that are landfilled each year
could be recycled. Of the textile waste recovered by the charities, 60% is items of
clothing that can be reworn or reused and 15% can be torn into industrial wiper
cloths. Disturbingly, 25% is unusable and sent to landfill.
Textile Recycling Categories
• Cotton Recycling
• Wool Recycling
• Burlap, Jute and Sisal Recycling
• Polyurethane Foam Recycling
• Polyester and Polyester Fibre Recycling
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• Nylon and Nylon Fibre Recycling
• Other Synthetic Fibre Recycling
• Carpet Recycling
• Rags and Wipers
• Used and Recycled Bags
• Used Clothing
• Used Footwear
• Leather Recycling
Regenerating Textiles
All textile waste streams (those detailed previously) are often unrealised sources of
valuable raw materials that can be repurposed or regenerated into saleable and
usable products by intelligent collection, sorting, reengineering and reprocessing. In
essence, the liability of “waste” is turned into an asset often based on intellectual
property (IP) which has been specifically developed. Processing machinery is also
likely to be engineered to produce a specific product …and thus the investment in
developing regenerating capabilities is often large-scale. Products made by
regenerating textile waste include acoustic textiles used for soundproof blocks,
insulation, roofing felt, bank stabilisation, and as pollution control filters. Examples
are best illustrated in the following case studies:
CASE STUDIES:
Australian Case Study: The Smith Family’s Commercial Enterprise (TSF) located in
the Sydney suburb of Villawood is a manufacturing facility that was established in
1987, as a means of utilising textile industry waste and the tonnes of surplus clothing
that weren’t suitable for either sale through TSF’s retail outlets or for export.
The first of three specialised lines went into operation to produce nonwoven fabrics
from regenerated fibres. Carpet underlay, furniture removal felt, weed suppression
and water retention felts are just some of the examples of products produced by the
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manufacturing line. Through the creative and innovative commercial utilisation of
what would otherwise be waste product destined for landfill, TSF is able to convert
hundreds of tonnes of waste clothing and material into manufactured non woven
textile felts and fabrics.
In 1992, a significant investment was made and the second manufacturing line
became operational enabling the Commercial Enterprise to significantly expand its
capabilities and manufacture a more extensive range of felt and fabric products. In
2004, as the result of a strategic business review and the support of the Federal
Government’s Strategic Investment Program (SIP), TSF invested in the growth
potential of its nonwoven textile operation and committed to an additional
manufacturing line that would increase the output capacity by 6,000 tonnes annually
to over 10,000 tonnes annually from the Villawood operational centre.
“It’s our goal to use technology and innovation to efficiently and responsibly
transform materials and resources many regarded as waste, into marketable
products that benefit the Australian economy and environment. The long term
societal benefit is also important because it means the Commercial Enterprise can
contribute funds to enable TSF’s Social Enterprise to support more Australian
disadvantaged children and help them reach their potential through education,”
concluded Cathy Bray, CEO TSF.
The potential to increase the use of textile waste is however restricted, as the
organisation has limited shredding capacity. The main source of fibre for recycling is
derived from the TSF clothing collection & sorting operation.
North American Case Study: Circle™ is a company with a 25 year history of
developing the science of re-generation, particularly that of textile waste. It’s catch
phase is to allow its manufacturing partners to “turn circle™”. The company
directors philosophy is based on a strategy of research, develop, innovation and IP as
it promotes to “owning over 12 “game changing” re-generation patents in key
commodities”. One patent area trademarked “Altfab™” encompasses the collection
and re-processing cotton textile waste from the cutting floor of a garment
manufacturing facility into consumer wipes.
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Another trademarked “Flip™” utilizes denim waste, (once again from a garment
manufacturing facility) to produce packaging made into carry bags and wrapping
paper.
Other patents include technology to turn leather scraps into book covers and auto
seating and utilizing wood waste to manufacture moldable tiles, trim and panels.
Supporting these technologies is the Sustainable Solutions Network™ which is the
brain child of Ms Joy Nunn who developed many of the regenerating technologies.
The network is a formal association of companies dedicated to supply the pre-
consumer waste that would otherwise find itself in land-fill. Strateline Industries,
which is the 250,000- square-foot nonwoven manufacturing facility supporting the
initiative, was an collective investment of $63 million in the production of
continuous roll-good nonwoven substrates from recycled post-industrial materials —
primarily cotton, producing the first-ever sustainably repurposed cotton nonwoven
materials Japanese Case Study: Patagonia has partnered with Japanese textile firm
Teijin to implement a polyester product recycling program which started in Aug
2005. Under the program, Patagonia will recover from customers used Capilene
undergarment products. Teijin will recycle them as polyester materials at a "fibre-to-
fibre" recycling facility in Teijin Fibre’s Matsuyama plant. In 2005, Patagonia began
using a new PCR filament yarn containing 30%- 50% post-consumer feedstock made
from discarded soda bottles, polyester uniforms, tents, and garments. The remainder
of the yarn comes from post-industrial feedstock -- yarn and polymer factory waste
products.
"We’re constantly trying to innovate our supply chain," says Jill Vlahos, Patagonia’s
director of environmental analysis. "Everything we make pollutes, but we’re trying to
improve every step of the way. We’re excited to create our own supply rather than
pulling from raw virgin resources." Vlahos is careful to note that while the recycling
program does not save money, it adds no extra costs to the manufacturing process.
"We’re trying to inspire other businesses to move in an environmental direction, and
the only way we can do that is to run a profitable business," says Vlahos. "The added
expense of recycling and logistical costs is offset by the fact that we don’t have to
purchase or create raw polyester material."
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There are other examples. The Australian Carpet Institute (CIA) is looking to follow
the example of the North American, Carpet America Recovery Effort (CARE) which is
a joint industry-government effort to increase recycling and reuse of post-consumer
carpet and reduce the amount of waste carpet going to landfills
(www.carpetrecovery.org). CARE was established as a result of a Memorandum of
Understanding for Carpet Stewardship (MOU), a national agreement signed by
members of the carpet industry, representatives of government agencies at the
federal, state and local levels, and non-governmental organizations. CARE's mission
is to develop market-based solutions for recovering value from discarded carpet to
meet the goals of the negotiated outcomes.
To accomplish its mission, CARE facilitates, advises, provides resources, and serves
as a forum for the many different stakeholders. CARE is funded and administered by
the carpet industry, which agrees to use CARE to:
• Enhance the collection infrastructure for postconsumer carpet.
• Serve as a resource for technical, economic and market development
opportunities for recovered carpet.
• Develop and perform quantitative measurement and reporting on progress
toward the national goals for carpet recovery.
• Work collectively to seek and provide funding opportunities for activities to
support the national goals for carpet recovery.
The business of regenerating pre-consumer and post consumer waste in Australia is
promising. It has the potential to found a new industry and green jobs while
mitigating land fill and at the same time as providing green inputs to external
industries such as the automotive industry. A concept to operate with zero land-fill
grew into the potential for a commercial product for the Melbourne based company
I.N.C.. With the assistance of a Commercial Ready grant from AusIndustry, the
company have a patent pending in the US for a process that can take mixed textile
waste and turn it into something useful – as a short-fibre nonwoven textile. “We can
source waste from pre-consumer, post-consumer, and industrial textile sources. We
can even (theoretically) take waste carpet and turn it into a short-fibre nonwoven
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textile. With our process, we can take laminated textiles (films, foams, etc), moulded
textiles, adhesive backed waste, and put it all through the same process” says the
company’s Managing Director, Michael Coates.
Fabric Recycling
For specialized polyester based materials the recycling process is significantly
different. The first step is to remove the buttons and zippers then to cut the garments
into small pieces. The shredded fabric is then granulated and formed into small
pellets. The pellets are broken down polymerized and turned into polyester chips.
The chips are melted and spun into new filament fiber used to make new polyester
fabrics.
Some companies are creating new pieces of clothing from scraps of old clothes. By
combining and making new additions, the eclectic garments are marketed as a type
of style.
Why is Recycling Important?
Textile recycling is for both, environmental and economic benefits. It avoids many
polluting and energy intensive processes that are used to make textiles from fresh
materials.
• The requirement of landfill space is reduced. Textiles lead to many problems
in landfill. Synthetic fibres don't decompose. Woollen garments do decompose
but produce methane, which contributes to global warming.
• Pressure on fresh resources too is reduced.
• Leads to balance of payments as we buy fewer materials for our requirements.
• As fibres get locally available, they don't have to be transported from abroad
thus reducing pollution and saving energy.
• Lesser energy is consumed while processing, as items don't need to be re-dyed
or scoured.
• Waste water reduces as it does not have to be thoroughly washed with large
volumes of water as it is done for, say, raw wool.
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• Demand is reduced for textile chemicals like dyes and fixing agents.
Industry as a Source & Solution of Waste
The TCF sector is a significant manufacturing sector of the Australian economy. As
outlined previously, during the processing of textile products, large amounts of pre-
consumer fibrous waste can be generated in the form of off-cuts, selvages, shearings
and rejected materials. Whilst the TCF companies generate textile waste, the North
American Case study (detailed previously) demonstrates that fibre and textile
technology can be applied to regenerate textile waste into merchantable products.
Concerted waste resource recovery strategies practiced within TCF production
facilities would corral significant volumes away from landfill that could be
regenerated. Fibres are recovered from pre and post consumer waste through the
process of shredding. This process of shortens conventional fibres and thus
regenerating technology relies on short fibre technology. Common to the products
made from short fibres outlined in the case studies is the use of nonwoven and
composite technologies both of which are available in Australia. Nonwovens are a
fabric formed of textile fibres that are held together by mechanical interlocking in a
random web or mat, by fusing the case of thermoplastic fibres or by bonding with a
cementing agent. Both synthetic and natural fibres are used in manufacturing
technical and nonwoven textiles. The selection and combinations of fibres used
determine the ultimate end product properties, cost and subsequent applications.
As this is in the sphere of manufacturers’ research and development and product
development programs, knowledge coupled with appropriate and targeted
investment would encourage new business models for fibre regenerating
technologies. Authors comment: Textiles are manufactured to perform a wide range
of functions and are made up of different types of fibres mixed in varying
proportions. While the textile industry has become highly efficient, a large
proportion of unnecessary waste is still produced each year. Sound waste
management practice by fibre, textiles and garment manufacturing companies can
significantly reduce operating costs. An examination of waste production to assess
process changes that will reduce off-cuts and maximise the efficient use of raw
materials can reduce both the purchasing costs of raw materials and the costs of
waste disposal. Such process changes may entail:
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• the adoption of a more efficient product design
• the implementation of more efficient practices and procedures
• the introduction of more efficient machinery.
The proposed TCF Innovation Capability Program should include a financial
incentive program for the companies to invest in waste management strategies at
source as a priority.
However, there will always be a degree of waste in a textile manufacturing process
especially from fabrication, edge trim, etc., despite process innovation and
improvements. The area of innovation that best improves sustainability is to create
applications for this waste.
BARRIERS TO RECOVER TEXTILE WASTE
There are numerous political, economic, social, technological, environmental, legal
and institutional barriers to the improvement of resource recovery in Australia.
Following are some evident barriers:-
Knowledge
In order to manage an environmental issue, it must first be measured and quantified.
The limited and inadequate data available in Australia regarding the amounts and
types of textile waste is an impediment to intelligent and effective recovery and/or
regeneration of textile waste. This paper advocates for a study to be commissioned on
textile waste in Australia. Knowledge and thus solutions to the decontamination and
calorific separation of noxious chemicals that may be imbedded in textiles used for
industrial applications, such as filtration will only be achieved through research and
collaboration between industry and research agencies.
Policy
There is limited effort to stimulate resource recovery through policy instruments that
influence recycled demand and, thereby, create greater pull in the resource recovery
system. On the one hand, and in contrast to overseas jurisdictions, there are very few
targets, financial incentives, or mandatory requirements in terms of recycled content
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purchasing for public sector agencies. Some state governments have zero waste
strategy targets to increase resource recovery rates within a designated time frame.
To reach these targets, these strategies should be supported by programs that utilise
this waste.
Regeneration verifiably reduces the environmental impact of carbon emissions,
energy use and toxic chemical by up to 70%8. Certainly, investment in systematic,
investigative and experimental activities that involve research, development and
innovation for the purpose of acquiring new knowledge or creating new or improved
materials, products, devices, processes or services to regenerate textiles will
positively serve the Australian economy and reduce our environmental footprint.
However, there has been limited effort to stimulate the recovery of textile waste
through policy instruments.
Discussion on the issue is embryonic and there has been little analysis by industry or
government. Indeed, the recent review of the Australian TCF industry commissioned
by the federal government did not address the issue as it was not within the scope of
the review. However, many of the submissions to the review process recognised the
need for further analysis with a view to developing both green policies and initiatives.
Noting this oversight, in its submission to the TCF Review, the Technical Textiles and
Nonwoven Association called for support to be provided for investigating the
establishment of a national carpet recycling program; and for a Cooperative Research
Centre for sustainable products and plastics, including the reprocessing or de-
polymerisation of materials to be established with the textile/carpet sector. This
included government RDI funds for converting textile and apparel waste streams
into energy that can be used and/or fed back into the power grid.
Authors comment: Sorting to separate fabric composition and fibre types is a
critical process in recovering textiles. Complex compositions of fibres make
separation more difficult and more costly, and this has implications for the
profitability of textile recycling. The charities that contributed to the TTNA’s
submission called stronger legislation on fibre content on garment labelling to assist
easier collection and sorting. An example of the impact of this is that denim is
unsuitable as being recycled for industrial rags, despite being absorbent. It is
therefore disposed of in landfill often at a cost, as denim jeans end up in charity
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recycling bins as they are still classified as "clothes" by consumers. This highlights
the need to raise public awareness of what may be recycled. However this fabric
could be used by an industrial end-use
Financial
The recycling industry's contribution to protecting the environment would not be
possible without its significant expenditure on often highly sophisticated plant,
machinery and equipment. Indeed, it has been calculated that the industry - which
comprises a large proportion of privately-owned enterprises - invests around US$ 20
billion each year on new equipment and research & development9. To that end,
government policy is the instrument that will encourage investment in an industry
that will regenerate textile waste.
Research and development
The examples outlined in the previous section are the results of both investment and
technologies that have been specifically developed to solve textile regeneration
issues. Research, development and innovation have long been pillars of the
Australian fibre, textile and clothing industry and can be accredited with much of the
industry’s advancement. Regenerating issues such as the extraction of chemical
contaminants, and the development of end use products can only be solved by RDI
and an industry and government commitment not dissimilar to the North American,
CARE program.
Community awareness
Recovery of post-consumer textile waste is dependent on donations from the public.
Australians’ attitudes toward waste issues are complex and constitute a barrier to
improved resource recovery. The increased use of recycled materials in products and
the increased recovery of material for recycling can be achieved with an educated
public. Certainly the National Association of Charitable Recycling Organisations
(outlined in Appendix 3) advocates for the community to become more educated and
aware about donating goods in a way that provides maximum profits for charity and
minimum cost to the environment. The charities that contributed to the Technical
Textiles & Nonwoven Association’s (TTNA) submission called stronger legislation on
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fibre content on garment labelling to assist easier collection and sorting. Other
initiatives include providing the public with information on bin and store locations.
The North American based Secondary Materials and Recycled Textile Association
(SMART) has introduced a label for use by garment manufacturers that clearly
instructs the consumer on the recyclability of the garment.
Trade in textile waste
All countries with industrial production capacity have a need to consume raw
materials and so demand for recycled commodities is truly global. International
trade in secondary materials is necessary to supply steelworks, foundries, paper
mills, textiles industry and rubber etc. With feedstock material for further
environmentally sustainable production. As the focus of industrial production shifts
away from industrialised nations towards the developing world, so there is also a
shift in flows of secondary raw materials. Today, for example, huge volumes of scrap
metal recovered from end-of-life products in the Western World are being shipped to
China and other, rapidly- industrialising countries in Asia. Put simply, there is
potential to achieve a return on investment through trading in waste. Appendix 2
outlines the annual exports from Australia of approximately 50,000 tonnes of textile
waste to 44 countries, most of which are in the third world. There is little data
available for exports of pre-consumer textile waste.
LEGAL GUIDELINES FOR THE GUJARAT STATE WASTE MANAGEMENT
CONTROL BOARD
(a) The committee in charge of textile waste is organized into twenty five sub
committees (one for each district) that report to the core committee.
b) The members of the core committee would include four high level officers of the
State Board (including the Convenor who will be the Secretary of the State Board),
two members from the NGO sector who are active in protection of environment and
two member from the technical arena. These men need to be of high integrity and
commitment towards the protection of the environment.
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(c) This committee shall have various powers and duties and would work as the
governing body which would be responsible for the appointment of the sub-
committee at the regional level.
There are two "policy and process" directorates. One deals with post consumer textile
waste and one deals with pre consumer/ post industry textile waste. These are
backed up by the Evidence directorate. The fourth directorate is a single Operations
"delivery" unit, responsible for national services, and line management of all the
Regional and Area staff.
1. The remaining directorates are central shared service groups for Finance,
Legal Services, Resources The State Board or the Committee shall monitor the
compliance of the standards regarding textile wastes.
2. The State Board or the Committee, after the receipt of application from the
municipal authority or the operator of a facility, for grant of authorization for
setting up waste processing and disposal facility including landfills, shall
examine the proposal taking into consideration the views of other agencies
like the State Urban Development Department, the Town and Country
Planning Department, Air Port or Air Base Authority, the Ground Water
Board or any such other agency prior to issuing the authorization and
Communications.
In support of its aims, the Agency acts as an operating authority, a regulatory
authority and a licence authority.
POLICY RECOMMENDATIONS FOR THE GOVERNMENT OF GUJARAT:
I. BRING FOREIGN TECHNICAL KNOW-HOW: The prime problem that India
encounters is that it lacks new technical know-how of modern and cost effective
recycling techniques and for apposite and eco-consumer-manufacturer friendly
means of an all pervasive and catering to the interest of all which foreign countries
posses must be brought to India.
The Government of Gujarat can take a lead by entering into foreign collaborations
with leading TEXTILE WASTE management groups like TRAI and The National
Association of Charitable Organisations in Australia (NACRO) The Technical Textiles
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and Nonwoven Association (TTNA) of other countries and exchange of knowledge in
this regard would be of immense aid in assuring the implementation of the said Act.
SOME IMPLEMENABLE MEASURES THAT GUJARAT CAN TAKE :
Clothes bank: clothes banks can be created for used clothes and other used textiles
materials like shoes. Taking them to charity shops or having them picked up for a
jumble sale.
Provide textile banks for public use. , runs a national door-to-door textile collection
service. There are about 3,000 textile banks nationwide
Nearly 70% of items put into clothing banks are reused as clothes, and any un-
wearable items are sold to merchants to be recycled and used as factory wiping
cloths.
Unsold and un-wearable clothing is sent to textile recycling industry where they are
used as raw material
ALLOCATE FINANCIAL RESOURCES: The financial requirement is a very essential
element as environment is one of the most neglected priorities in financial budget.
funds for the Waste Management and particularly for the establishment and the
functioning of the committees must be provided.
EDUCATION :
Recovery of post-consumer textile waste is dependent on donations from the public.
The increased use of recycled materials in products and the increased recovery of
material for recycling can be achieved with an educated public.
An examination of waste production to assess process changes that will reduce off-
cuts and maximise the efficient use of raw materials can reduce both the purchasing
costs of raw materials and the costs of waste disposal. Such process changes may
entail:
• the adoption of a more efficient product design
• he implementation of more efficient practices and procedures
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• the introduction of more efficient machinery.
The proposed TCF Innovation Capability Program should include a financial
incentive program for the companies to invest in waste management strategies at
source as a priority.
TIE-UPS WITH NON-GOVERNMENTAL ORGANIZATIONS AND OTHER
RESEARCH INSTITUTES:
The Government of Gujarat can also collaborate with foreign NGO s as well as India
based NGO s that are active in this direction so as to receive feedbacks and assure
improvements in the mechanism. Like indentified Textile Recycling Organisation
and the Secondary Materials and Recycled Textile Association (SMART) in the US
and the Textile Recycling Association in the United Kingdom. Additionally, the
Bureau of International Recycling based in Brussels has a textile chapter and hosts
the World Recycling Convention & Exhibition
In Australia, the National Association of Charitable Recycling Organisations
(NACRO) is the peak body representing a broad spectrum of charitable recycling
organisations.
Various other Research Institutes who are prominent in this direction can also
provide for a considerable help to the Government for various future endeavors.
INDUSTRY REPRESENTATIVE BODIES
The industry can have a representative body that shall have nexus or direct contact
with the ministry or the above stated governing body. An association of industries or
a representative of textile industries who have manager the waste produced.
EXPORTING POST CONSUMER TEXTILE WASTE
There exists a healthy international market for post consumer textile waste so they
can also be exported to countries like Africa and USA.
WHAT CONSUMERS CAN DO
102
• Take your used clothes to a textile bank. Contact the recycling officer in your
local authority if there are no banks in your area and ask why; they may collect
textiles through other means. Alternatively you can take used clothing to local
charity shops.
• Give old clothes/shoes/curtains/handbags etc. to jumble sales. Remember to
tie shoes together: part of the 6% of textiles which is wastage for merchants
are single shoes.
• Buy second-hand clothes - you can often pick up unusual period pieces! If
bought from a charity shop, it will also benefit a charity.
• Buy things you are likely to wear a long time - a dedicated follower of fashion
can also be a green one if items are chosen carefully.
• Look for recycled content in the garments you buy. This should be on the
label, though at present there is no conventional marking scheme and some
companies do not always advertise the recycled content.
Buy cloth wipers instead of disposable paper products as the product can be
used repeatedly.
103
Article VI. CONSTRUCTION AND DEMOLITION
INTRODUCTION
The U.S. Environmental Protection Agency (USEPA) defines C&D waste as: “The
waste building materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition operations on pavements, houses, commercial
buildings, and other structures.”
Waste Characterization
There are components of the construction and demolition waste:.
This table shows the common components of construction and demolition activities
and the waste
Road Work Asphalt; Concrete; Soil; Reinforcing Metal.
Site work Soil; wood, including trees and brush; organic matter; sand; stone; concrete;
pipe.
Demolition Mixed rubble, including wood, concrete, masonry, and steel; fixtures;
mechanical equipment, etc.
Construction Scrap wood; roofing; wall board; insulation; flooring; ducts; pipe; packaging;
fasteners; concrete; steel.
Renovation Scrap wood; roofing; wall board; insulation; flooring; ducts; pipe; fixtures;
mechanical equipment; packaging; fasteners; concrete; steel.
PROPOSED RECOMMENDATION FOR GUIDELINES
C&D Database Department
104
There should be determination of Construction and Demolition waste, a separate
department should be there for formulation of proper database, thus the following
steps should be taken up by the department:
1. The State regulatory officials should prepare a list of licensed sanitary landfills
and/or C&D waste landfills in a particular study area.
2. Identifying the types of businesses and industries, that has the potential to
generate C&D waste.
3. Determine the specific materials that are to be included in the C&D waste stream
estimate (based on type and quantity of materials estimated to be generated).
4. Interview major generators of C&D waste (including general buildings contractors,
demolition contractors, land clearing contractors, etc.) to obtain estimates of C&D
waste materials generated, recycled, and disposed.
5. Interview local landfill operators and inspect weight records, if available.
6. Interview local municipal planners to discuss any major upcoming construction or
demolition quantities.
Collection and Segregation Of Waste Department (Collection
procedures)
- Separation/segregation/sorting should be done by the Constructors of the waste,
waste streams.
- Labelled containers for each waste stream and schedule of the pick-up times of
the containers should be provided by this department to the identified industries.
- On-site storage areas to dump the containers should be designated. In order to
prolong waste life and extend the reusable abilities, the storage areas should be
remote enough from the site to limit the access to the stored material & control
contamination.
C&D Waste management personnel
105
The Gujarat Government should create a waste management team should be
assigned to accomplish the tasks needed for this activity. The team could consist of a
waste manager and a group of trained labourers.
The task of the waste manager could be:
- Setting up the waste management program.
- Supervising the waste separation and sorting activities.
- Supervising the reuse of waste as per the contractor's waste plan.
- Supervising the waste preparation to be transported to recyclers.
- Supervising the legal disposal of wastes.
- Instructing and supervising the work of the trained labourers.
- Monitoring the wastes periodically to prevent any mixing or contamination.
Works Department
The Gujarat Government should appoint official “Supervisor-C&D-Activity”
from the “Waste Management Personnel” that keep a check on the work activities
that are taking place and the following guidelines are given proper consideration.
Documentation Department
For proper implementation of the techniques and the most effective results there
has to be proper documentations and so the Waste Management Personnel should
make sure that:
- The Contractor/Owner should record and control all the waste management
procedures documents.
- The Contractor/Owner should periodically update the data in his registers in
order to prove or disprove the adequacy of the selected management techniques
during the project execution phase.
106
- The Contractor/Owner should track costs or profits associated with various waste
management methods.
- The Contractor/Owner should develop learning curves to update the labourer’s
abilities in implementing waste management techniques.
- The Contractor/Owner should document all methods and techniques of
mitigating the waste, quantities and types of generated wastes experienced through
the completion of project.40
Research Department
Although the Following technique are not feasible at present but, the following is one
of the emerging techniques, on which the Research department can work upon which
will help in more effective implementation of the guidelines provided by the Gujarat
Government.
Although, the government will be required to higher well qualified scientist and
researchers for extensive research and exceptional low cost implementation.
• To replace the fossil fuel reliance of the recycling into aggregates process:
closed-cycle construction using mechanical and thermal energy. The novel
closed-cycle construction concept whereby concrete waste and masonry debris
are separated back into coarse and fine aggregates and cement stone using
mechanical and thermal energy supplied by the combustible fraction of C&D
waste. This technique is assumed to encourage the recycling into aggregates
while moving away from fossil fuels reliance and the associated environmental
impacts. 41
• Alternate bids shall be used to determine the added cost or savings of the
recycling requirements.
• To stimulate the markets for waste materials, “Design professionals” shall
select and specify used materials or new products made of recycled materials
whenever possible. 40 Morris, S., ‘Project Waste Management Master Specification’, Susan Morris Specifications Limited under contract to Greater Vancouver Regional District, 2001 41 Annexure III
107
REDUCE
It is always better to minimize the waste generated at basic levels before it becomes a
physical problem. This technique can be applied at the initial stages when the
contracts are developed, at planning stage. The main Participant at this stage is
Owners cause they formulate the basic policy for the initial stage, thus, reducing the
waste later on.
These are the guidelines for them which would to reduce the waste.
Owner’s Guidelines:
The Owner should make it point that he appoints the “Engineer” as a
consultant/Contractor who provides proper technical expertise in managing
the Construction or Demolition course of work. The owner should provide this
clause in the contract, mandatorily:
“The owner desires that as many materials as possible from this project be
recovered and recycled to minimize the impact of demolition waste on the
surrounding environment and to reduce the expenditures of energy and cost in
fabricating new materials. To this end, Contractor shall submit a waste
management plan showing the separation and mitigation actions for each material
in the waste stream- generated as part or full from demolition of the buildings,
pavement, vegetation, utilities and any other works associated with the contract
scope of work - within the bidding documents. The mitigation actions should be
planned to maximize the amount of reuse, recycle and recovery of wastes and to
minimize the amount of wastes to be disposed. The waste management plan shall
be part of the tender evaluation. If the contract is awarded, it will be the
Contractor’s duty to implement and abide by the waste management plan. Failure
to do so will constitute a breach of contract on the part of the Contractor.”
REUSE
Its is one of the most important technique to be used during the execution period.
The Following should be the stages that Gujarat government should implement for
the reusing of C&D of waste.
108
The sequence of demolition activity shall start by removing any valuable materials
such as doors, windows, hardwoods or flooring prior to demolition activity that could
be reused, recovered or salvaged. Afterwards, the building interior should be
demolished manually, followed by demolition of the core of the structure using heavy
equipment. Then excavators could be used to sort and compact recyclable and
salvaged materials on site.
Salvaged/recovered materials could be used in same or in other applications as fully
described in 42Such materials include: wood, earth works, plastics, vinyl, foam, steel,
concrete, masonry (e.g. blocks and bricks), tiles (e.g. ceramics, marble and granite),
plasterboard, insulation materials, paints, solvents and carpets.
The Supervisor should make sure that the Contractor should designate a secure and
safe storage area for recovered and salvaged wastes and the extra materials left over
after the construction to avoid any loss or damage that may occur to these materials.
RECYCLE
This is the mode most effective during the execution period. Thus, The Gujarat
Government has to make sure that the following steps are undertaken at the site.
This has to be implemented by another Head “Supervisor-C&D-Recycle” that would
be under C&D Waste Management Personnel.
They have to make sure that:
The Contractor/Engineer should recycle wastes that cannot be reduced nor reused
such as metals like steel, copper and aluminium can be sold to factories in order to be
recycled in producing new metals.
The Contractor’s team should crush all materials on site such as bricks, concrete,
stone and marble in order to maximum their reuse as recycled aggregates and fill
materials. C&D Waste Management Personnel authorities shall encourage recycling
or reprocessing of concrete into coarse or fine aggregates.
42 Al-Ansary, M.S., El-Haggar, S.M. and Taha, M.A., ‘Proposed Guidelines for Construction Waste Management in Egypt for Sustainability of Construction Industry’, Proceedings of the International Conference on Sustainable Construction Waste Management, Singapore, 10-12 June, 2004, in press
109
State and municipal authorities shall, within recycling operations, place the amount
of resources and capital in a following hierarchy:
• Recycling on site (to reduce transport and handling)
• Recycling locally off-site by separation and minimal processing
• Recycling at a central station
• Recycling at a long range plant (300 Km plus)
The waste can be send for the recycling purpose once they have been segregated and
checked by “Collection and Segregation Of Waste Department” labeled and used.
The following are possible uses for recycled building material:
• Reclaim as bricks and tiles
• Filling and stabilizing material for infrastructure works
• Aggregates for in-situ and precast concrete and mortars
• Aggregates for calcium silicate bricks
• Tennis sand
• Plant substrates
• Other options
Punishments and Benefits
- State and municipal authorities shall provide appropriate financial incentives
which offers compensation for separating or reusing materials that would
otherwise end up in a landfill.
- State and municipal authorities shall promote the use of building and
demolition waste for road works and for use as aggregates.
110
- “Design professionals” shall be provided by the Research Department of the
Government and they show the benefits shall that urge owners to explore the
benefits of recycling and make a commitment to the process for their projects.
- Design professionals shall specify the following recycling requirements for
waste materials generated on a project:
- Prequalified recycling firms shall be named in the specification
- Reusable demolition materials shall be salvaged and incorporated into new
construction, stored for future use, or moved into the salvage market.
- No reusable demolition materials shall be recycled.
- Contracts and subcontractors shall voluntarily initiate recycling programs. The
costs or savings of the recycling programs shall be included in the bids.
Assessment for Future System
To establish a proper C&D waste management system in Gujarat, the aspects of
sustainability should be met. For each aspect, direction toward the solution will be
given, which is considered as the ideal condition. The following are the standard of
ideal condition for each aspect to be used to propose the possible solution:
• Policy/Political:
Strong Political Weight and law enforcement on environmental issues, helps
in increasing the effectiveness of the frames policies and also helps in
formulating effective policy.
• Financial:
For proper waste management; collection/sorting/recycling of there should be
proper financing.
• Institutional:
Identification of various institution that will support the Government and help
the government implementation by keeping a check on the industries.
111
• Technical:
There should be introduction and research of proper suitable technology in
this sector, which are in equity to financial, environmental and Human
Resource Aspect.
• Social and Cultural:
To promote public awareness, education level, and behavior to react on new
management system that would be implemented. The consumer should co-
operate with the same.
112
Article VII. BATTERIES USED IN HOUSEHOLDS /
COMMERCIAL / INDUSTRIES NI-CD, NI-MH, LI-ION,
ALKALINE BATTERIES, ETC.
POSITION IN INDIA
There are no legislations/regulations in place for the proper recycling of household
and industrial battery wastes. There’s a dire need for some laws that will regulate the
fate of battery wastes from households and industries.
The major consumers of these batteries are households, heavy industries, the
Railways and the Airport authorities. Although there is a law on the recycling of lead
acid batteries in India, it lacks effective implementation.
Suggestions regarding the legal guidelines that the Gujarat government can
implement:
Gujarat being the hub of all industrial activities in India requires stringent laws for
the recycle of battery wastes. The consumption of household batteries is also very
large in the households here. As such there is a need for some laws that will ensure
effective and proper management of battery wastes along the lines of the 3Rs
concept.
But for the start, certain legal guidelines can be provided to the producers and
consumers of household and industrial batteries regarding the same.
LEGAL GUIDELINES
VISION
Considering that the Gujarat Government aims to make Gujarat a LAND FILL FREE
STATE BY 2021 and that the country’s first waste recycling zone is going to be set up
at Dahej after Gujarat Industrial Development Corporation (GIDC) and Japan
Development Institute (JDI) have joined hands. India's first Waste Recycling Zone'
known as GEPIL Recycling And Management Zone (GRAMZ), the legal guidelines
for waste management in the state of Gujarat should be in accordance with the same.
113
Apart from this, promoters are open for allotment of plots to small private
entrepreneurs involved in unorganized waste recycling activities in south Gujarat for
facilitating their activities in legally acceptable and environmentally safe manner.43
BASIC POLICY
The basic policy shall be established with respect to targets of rationalization of use of
the batteries.
To reduce waste, one must start with prevention. Starting with prevention creates less
or no leftover waste to become potentially hazardous waste (REDUCE).
It should target the utilization of these for each type of recyclable batteries and each type
of reusable parts of these batteries, matters pertaining to promotion of the utilization
for a long period for each type of products (REUSE).
It must also deal with matters pertaining to the batteries for the contribution to the
conservation of environment, and to other matters concerning promotion of adoption of
recycle methods by people, institutions, business houses and public authorities
(RECYCLE).
The basic policy can be reviewed and revised by the competent ministry or authority
repeatedly according to the circumstances, if necessary, in response to the need of the
situation.
NODAL STRUCTURES AND THEIR ROLES
Ministry of Environment and Forests (Gujarat)
The Environment wing of the Ministry will play a key role in the implementation of
the suggested best practices in management of household batteries and battery wastes to
achieve Gujarat Government’s aim of land fill free Gujarat by 2021 along with a
clean and green environment.
43 http://envis.maharashtra.gov.in/envis_data/files/news/jan/waste%20management.html
114
It will create Nodal Agencies for the purpose of collection, management, recycle and
disposal of household batteries, on the basis of their types and properties.
Nodal Agencies:
Department for Labelling of Batteries: It will supervise the procedure for uniform
labelling requirements for regulated batteries rechargeable consumer products, and
product packaging, which will significantly benefit programs for regulated battery
collection and recycling or proper disposal.
Municipal and Local Authorities: These would be responsible for collection and SAFE
DISPOSAL of battery wastes, either through Battery Waste Recycle and Disposal
Plants set up by the government or assigning the same to Companies that specialise in
the same.
Department for Creating Awareness regarding Battery Waste Management: Educate
the public concerning the collection, recycling, and proper disposal of such batteries and
create awareness regarding the same. A separate department can be made for the sole
purpose.
Department of Records and Notifications: It will maintain records and preserve
documents containing information regarding the progress and the effectiveness of
measures. It will publish regular reports for the disposal of the Ministry officials for the
purpose of policy formulation and statistical analysis.
Department for Regulation of Industrial Practices: It is responsible to ensure that the
industries adhere to the legal guidelines and to make provisions for the efficient and
cost-effective collection and recycling or proper disposal of batteries in public interest.
Also its policies should be directed so as to encourage industries that use rechargeable
batteries to participate in collection for recycling of used nickel-cadmium, small sealed
lead-acid, and other regulated batteries.
115
Research Department: It shall be responsible to delve into the technicalities of the waste
management schemes to discover new technologies and methods to recycle and dispose of
battery wastes.
ROLES AND RESPONSIBILITIES
Business Entities
People who operate business at factories or works (those pertaining to manufacturing
of household batteries) and those who operate the sales business shall not only make
efforts to rationalize use of raw materials in operating the business, but also shall make
efforts to utilize recyclable resources and reusable parts of the different kinds of
batteries.
Any business entity or a shall not only make efforts to promote the utilization of the
batteries for a long period of time, but also shall make efforts to promote the utilization
of all or part of the batteries after the batteries have been collected, used or unused, or
disposed of, as recyclable resources or reusable parts, and promote the utilization of all
or part of by-products.
Consumers
Any consumer shall not only make efforts to use the battery products as long as possible,
and promote the utilization of recyclable resources and reusable parts, but also shall
cooperate with the government, local authorities and business entities in
implementation of measures to achieve management of battery wastes.
Households may decide to create their own battery - waste recycle plants and their
common waste collection sites in order to ensure efficient and quick waste management.
Nodal Agencies
116
The Nodal Agencies mentioned under pt. 3 need to perform their functions properly
and with efficiency. They need to make deliberate efforts in ensuring that the purpose of
issuing these guidelines is met.
Gujarat Government
The government shall make efforts to take measures such as securing of necessary funds
for promotion of effective use of battery and chemical resources.
The government shall duly consider promoting the utilization of recyclable resources
and reusable parts when procuring articles.
The government shall make efforts to take necessary measures such as the promotion of
research and development and the diffusion of their fruits to encourage promotion of
science and technology to serve for promotion of effective use of resources.
The government shall make efforts, through educational and publicity activities, to
deepen citizen’s understanding concerning promotion of the effective utilization of
resources as well as to call for the cooperation of the citizen on implementation of the
said promotion.
IMPLEMENTATION AND EXECUTION
A planning body or executive body is required to make all the policy related decisions
which would not only plan the implementation of these legal guidelines but also set
targets to be achieved, both short term and long term through these measures or best
practices.
Implementation of the best legal practices for management of wastes would require
employment of Human Resources (HR) because it will involve use of manpower and
human skill to execute these measures. So, a body managing HR needs to be in place.
A Financial department or wing would have to be construed in order to secure and
allocate funds for the implementation of these guidelines.
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Waste Recycle and Disposal Plants will have to be set up at strategic points all over the
state and also waste collection points according to the needs of every locality.
Construction companies need to be attracted for the same through some incentives like
tax relaxation etc.
Labelling procedures and methods need to be issued for producers and manufacturers of
household batteries which are uniform in nature and that which will ensure effective
recycling of these batteries. Each regulated battery or rechargeable consumer product
without an easily removable battery manufactured whether produced domestically or
imported shall bear the following labels after the legal guidelines come into force:
3 chasing arrows or a comparable recycling symbol.
On each regulated battery which is a nickel-cadmium battery, the chemical name or the
abbreviation ‘‘Ni-Cd’’ and the phrase ‘‘BATTERY MUST BE RECYCLED OR
DISPOSED OF PROPERLY.’’
On each regulated battery which is a lead-acid battery, ‘‘Pb’’ or the words ‘‘LEAD’’,
‘‘RETURN’’, and ‘‘RECYCLE’’ and if the regulated battery is sealed, the phrase
‘‘BATTERY MUST BE RECYCLED.’’.
On each rechargeable consumer product containing regulated battery that is not easily
removable, the phrase ‘‘CONTAINS NICKEL CADMIUM BATTERY.
BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.’’ Or
‘‘CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE
RECYCLED.’’, as applicable.
On the packaging of each rechargeable consumer product and the packaging of each
regulated battery sold separately from such a product, unless the required label is clearly
visible through the packaging, the phrase ‘‘CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF
118
PROPERLY.’’ or ‘‘CONTAINS SEALED LEAD BATTERY. BATTERY
MUST BE RECYCLED.’’, as applicable.44
Heads of the various departments need to send constant updates with regard to the
implementation of the measures and regulation of industrial practices regarding the
same.
PLAN OF ACTION
It is aimed that best practices in waste management in other countries like the USA, the
UK, and European Union, Japan etc. are adopted wherein they are suitable for the
scenario in Gujarat
A draft or proposal of the legal guidelines in best practices for waste management needs
to be placed before the Gujarat Government a month prior to the tentative day of the
meeting of the Ministry and the Legal Guidelines Drafting Committee.
The constitution of the Nodal Agencies by the Ministry will be the next agenda so that
the plan can be quickly put into action.
Business houses will be invited to submit plans as to how they are going to incorporate
the legal practices related to better management of battery wastes from their factories
and manufacturing units.
Once the guidelines have been successfully approved by the Government, they can be
brought into force. Compliance to these guidelines should me made strictly compulsory
in order to ensure effective results.
Regular reports initially are very necessary to guarantee that the guidelines are
proving to be effective or not. Inspections of business houses by Compliance Officers
should also be made a necessity.
44 http://www.epa.gov/osw/laws-regs/state/policy/p1104.pdf
119
FUNCTIONS AND FOLLOW UP
S.No. Nodal Agency Functions Follow up
1. Department for
Labeling of Batteries
supervise the procedure
for UNIFORM
LABELING requirements
for regulated batteries
rechargeable consumer
products, and product
packaging
See to it that the
labelling practice
significantly benefits
regulated battery
collection and
recycling or proper
disposal through
INSPECTIONS and
QUALITY CHECKS.
2. Municipal and Local
Authorities
responsible for
COLLECTION and
SAFE DISPOSAL of
battery wastes
SUBMISSION OF
REPORTS and
RECORDS regarding
the measures and
methods used.
3. Department for
Creating Awareness
regarding Battery
Waste Management
EDUCATE THE
PUBLIC concerning the
collection, recycling, and
proper disposal of such
batteries and CREATE
AWARENESS
CONDUCT
SURVEYS and
INTERVIEWS of
households and
industries illustrating
the practices used by
them for battery waste
management.
4. Department of
Records and
Notifications
MAINTAINENCE OF
RECORDS and
PRESERVATION OF
DOCUMENTS
containing information
regarding the progress and
120
the effectiveness of
measures. It will
PUBLISH REGULAR
REPORTS FOR THE
DISPOSAL OF THE
MINISTRY OFFICIALS
5. Department for
Regulation of
Industrial Practices
RESPONSIBLE TO
ENSURE THAT THE
INDUSTRIES ADHERE
TO THE LEGAL
GUIDELINES and to
make provisions for the
efficient and cost-effective
collection and recycling or
proper disposal of
batteries in public interest
CONDUCT ON-TH-
SPOT-
INSPECTIONS and
MAINTAIN
REPORTS.
6. Research Department responsible to delve into
the technicalities of the
waste management
schemes and to
DISCOVER NEW
TECHNOLOGIES AND
METHODS TO
RECYCLE AND
DISPOSE OF
BATTERY WASTES
CONDUCT TRIALS
AND
EXPERIMENTS to
ensure adaptability of
newer methods of
waste management
PRACTICALLY.
PENAL PROVISIONS
Penalties should be included in the structure so as to ensure that the guidelines are
implemented effectively by industries and households equally.
121
A penalty structure can be put together on the basis of the industrial size and
consumption of battery resources.
In the case of any violation, the authorities may issue an order assessing a civil penalty
of not more than Rs. 10,000 for each violation, or requiring compliance immediately or
within a reasonable specified time period, or both.
In the case of any violation or failure to comply with an order issued by the authorities,
may commence a civil action in the district court in the district in which the violation
occurred or in the district in which the violator resides for appropriate relief, including
a temporary or permanent injunction.
Continued violation even after fine is imposed or a judicial order will attract a greater
penalty extending to Rs. 50,000.
See also: Annexure for the penalty structure in the Mercury-Containing and
Rechargeable Battery Management Act.
ASSESSMENT FOR FUTURE SYSTEM
To establish a battery waste management system in the state of Gujarat, the aspects of
sustainability should be met. The following are the standards of ideal condition for
each aspect to be used to propose the possible solution:
Political accountability: to have a strong political weight on the issue of battery waste
management and law enforcement, increase the effectiveness of existing policy, and to
develop an effective new policy suiting to changing times.
Financial accountability: to provide a sustainable financing (cost-benefit) collection,
sorting, and recycling process for different type of batteries
Institutional accountability: to recognize the relevant institutions that responsible to
organize the batteries waste in Gujarat to make the system stable..
122
Legal accountability: legal compliance to the guidelines should be ensured by way of
checks and also fines and penalties to violators.
GENERAL INFORMATION
What is a battery?
A battery is an electrochemical device with the ability to convert chemical energy into
electrical energy to provide power to electronic devices. Batteries contain heavy
metals such as mercury, lead, cadmium, and nickel, which can contaminate the
environment when batteries are improperly disposed of. When incinerated, certain
metals might be released into the air or can concentrate in the ash produced by the
combustion process.
Batteries may produce the following potential problems or hazards:
- Pollute the lakes and streams as the metals vaporize into the air when burned.
- Contribute to heavy metals that potentially may leach from solid waste
landfills.
- Expose the environment and water to lead and acid.
- Contain strong corrosive acids.
- May cause burns or danger to eyes and skin.
BATTERY FACTS AND STATS:
Inside a battery, heavy metals react with chemical electrolyte to produce the battery's
power. Wet-cell batteries, which contain a liquid electrolyte, commonly, power
automobiles, boats, or motorcycles. Nearly 99 million wet-cell lead-acid car batteries
are manufactured each year. A car battery contains 18 pounds of lead and one pound
of sulphuric acid.
REGULATIONS WORLDWIDE
REGULATIONS IN THE USA
Many states in the US have regulations in place that require some form of battery
recycling. California mandates recycling for almost all types of batteries.
123
The U.S. Congress passed the Mercury-Containing and Rechargeable Battery
Management Act, 1996 to make it easier for rechargeable battery and product
manufacturers to collect and recycle Ni-CD batteries and certain small sealed lead-
acid batteries. For these regulated batteries, the act requires the following:
Batteries must be easily removable from consumer products, to make it easier to
recover them for recycling.
Battery labels must include the battery chemistry, the "three chasing arrows" symbol,
and a phrase indicating that the user must recycle or dispose of the battery properly.
National uniformity in collection, storage, and transport of certain batteries.
Phase out the use of certain mercury-containing batteries.45
A pattern followed in the US is given below:
Battery Type Common
Name
Sizes
Available
Examples
of Use
Disposal
classification Proper Disposal
Alkaline
( manganese)
Coppertop,
Alkaline
AAA, AA,
C, D, 6V,
9V
Flashlights,
calculators,
toys, clocks,
smoke
alarms,
remote
controls
These
batteries are
classified by
the federal
government
as non-
hazardous
waste.
Place in the trash
(normal municipal
waste). Exceptions:
California which requires
non-households to
dispose of these
batteries in accordance
with the California
Universal Waste Rules.
Button
Mercuric
Oxide,
Silver
Oxide,
Lithium,
Alkaline,
Zinc-Air
Sizes vary
Watches,
hearing aids,
toys, greeting
cards,
remote
controls
hazardous
waste
Bring to a Household
Hazardous Waste
Collection Site
Carbon Zinc "Classic",
Heavy AAA, AA,
Flashlights,
calculators,
These
batteries are
Place in the trash
(normal municipal
45 http://www.ehso.com/ehshome/batteries.php
124
Duty,
General
Purpose,
All
Purpose,
Power Cell
C, D
6V, 9V
toys, clocks,
smoke
alarms,
remote
controls,
transistor
radios,
garage door
openers
classified by
the federal
government
as non-
hazardous
waste.
waste). Exceptions:
California - requires
non-households to
dispose of these
batteries in accordance
with the California
Universal Waste Rules.
Also, Minnesota
(Hennipen County only)
requires these batteries
be disposed as a
hazardous waste.
Lithium / Lithium Ion
Usually has
"lithium"
label on the
battery
3V, 6V, 3V
button
Cameras,
calculators,
computer
memory
back-up,
tennis shoes
These
batteries are
classified by
the federal
government
as non-
hazardous
waste
They can be recycled!
Nickel-Cadmium
(Rechargeable)
Either
unlabeled
or labeled
"Ni-Cd"
AAA, AA,
C, D, 6V,
9V
Flashlights,
toys, cellular
phones,
power tools,
computer
packs
hazardous
waste
Bring to a Household
Hazardous Waste
Collection Site
Nickel Metal Hydride
(Rechargeable)
Either
unlabeled
or labeled
"Ni-Li" or
"Ni-
Hydride)
AAA, AA,
C, D, 6V,
9V
Flashlights,
toys, cellular
phones,
power tools,
computer
packs
Non-
hazardous
waste - except
in California,
which
requires non-
households to
dispose of
these batteries
in accordance
with the
California
Universal
Waste Rules.
Safe for disposal in the
normal municipal waste
stream. These batteries
are also acceptable
for recycling by the
Rechargeable Battery
Recycling Corporation's
(RBRC) Battery
Recycling Program.
Reusable Alkaline
Manganese(Rechargeable) Renewal
AAA, AA,
C, D
Flashlights,
calculators,
toys, clocks,
radios,
Place in the trash
125
remote
controls
Sealed Lead Acid
(Rechargeable)
"Gel,"
VRB,
AGM,
Cyclone, El
Power,
Dynasty,
Gates,
Lithonia,
Saft,
Panasonic,
Yuasa
Multiples of
2 Volts: 2V,
6V, 12V
Video
cameras,
power tools,
wheelchairs,
ATV's, metal
detectors,
clocks,
cameras
hazardous
waste
Bring to a Household
Hazardous Waste
Collection Site
Lead Acid Vehicle
Batteries
Autozone,
Sears Die
Hard,
Yuasa
12V, 6V Cars, trucks,
motorcycles
hazardous
waste
Take back to place of
purchase
1. Most places that sell car batteries will also accept them for recycling. There may be a fee for this service.
1. A metal recycler may pay you for your car battery. Look in the yellow pages under "Recycling Centers" for a list of recyclers.
Silver Oxide
Panasonic
Silver
Oxide
Sizes vary
Watches,
hearing aids,
toys, greeting
cards,
remote
controls
hazardous
waste
Non-Consumers must
dispose of these
batteries in full
compliance with the
hazardous waste rules.
Consumers are covered
by the Household
exemption under RCRA
which allows for these
batteries to be disposed
of into the municipal
waste stream. These
batteries are also
acceptable for recycling
by the Rechargeable
Battery Recycling
126
Corporation's (RBRC)
Battery Recycling
Program.
Source: http://www.ehso.com/ehshome/batteries.php
REGULATIONS IN THE EUROPEAN UNION
Directive 2006/66/EC of the European Parliament and of the Council of 6
September 2006 on batteries and accumulators and waste batteries and
accumulators and repealing Directive 91/157/EEC, commonly known as the Battery
Directive, regulates the manufacture and disposal of batteries in the European
Union with the aim of "improving the environmental performance of batteries and
accumulators".
The directive banned most batteries with more than a trace of the toxic chemicals,
cadmium or mercury. It says a quarter of all used batteries must be collected by 2012
- rising to 45% by 2016 - and that at least half of them must be recycled. It also says
all batteries must be clearly labelled to show how long they will last, from 2009
onwards. Directive 2006/66/EC repealed Directive 91/157/EEC and sets maximum
quantities for certain chemicals and metals in batteries; tasks Member States with
encouraging improvements to the environmental performance of batteries; requires
proper waste management of these batteries, including recycling, collections, "take-
back" programs, and disposal sets waste battery collection rates; sets financial
responsibility for programs; and makes rules covering most phases of this legislation,
including labelling, marking, documentation, reviews, and other administrative and
procedural matters.
The directive calls for collection points to be established where consumers can hand
in used batteries - including those from toys, computers or mobile phones - and
obliges shops to collect used batteries from consumers at no extra cost.
It also says that all batteries must be removable, and that all producers of batteries
must be registered. The recycling targets are 75% by average weight for nickel-
cadmium batteries, 65% for lead acid batteries and 50% for others. The cost of
implementing the new rules will be borne by industry.
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Only six EU countries currently have systems to collect all types of used portable
batteries. In 2002 the collection rates were 59% in Belgium, 55% in Sweden, 44% in
Austria, 39% in Germany, 32% in the Netherlands, and 16% in France.
Similar European directives protecting the environment and health, parallel to the
Battery Directive, are the Restriction of Hazardous Substances (RoHS), Waste
Electrical and Electronic Equipment (WEEE) and Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH) directives.46
REGULATIONS IN THE UNITED KINGDOM
Household batteries can be recycled in United Kingdom at council recycling sites as
well as at commercial stores (e.g. Dixons, Currys, The Link and PC World).
From 1 February 2010 batteries can be recycled anywhere the “Be Positive” sign
appears. Shops and online retailers that sell more than 32 kilograms of batteries a
year must offer facilities to recycle batteries. This is equivalent to one pack of 4 AA
batteries a day. Shops which sell this amount must by law provide recycling facilities
as of 1 February 2010.
In Wales, England and Scotland a very small number of Argos, Homebase, B&Q, and
Tesco stores are taking batteries back in store.
A UK scheme allows household batteries that have been securely wrapped in a plastic
bag and then inserted inside a Jiffy bag or a strong box to post free of charge.
G&P Batteries (see contact details below) have recently opened the UK’s first battery
dedicated recycling plant for household batteries. It is estimated that the West
Bromwich plant, which opened in March 2005, will be able to recycle up to 1800
tonnes per year. It is anticipated that the opening of this plant will stimulate an
increase in domestic battery recycling rates in the UK.
The majority of automotive and industrial lead-acid cells are processed by two UK
lead smelters (Britannia Refined Metals in Kent and HJ Enthoven & Sons in
Derbyshire). Button cell batteries containing mercury are reprocessed at two UK
facilities (Odin Technology and Mercury Recycling).
46 http://en.wikipedia.org/wiki/Battery_Directive
128
In September 2002, Britannia Zinc at Avonmouth and Bristol based Resource Saver
launched a trial scheme, which piloted the collection and reprocessing of disposable
household batteries in the area. In October 2003, AEA Technology (AEAT) launched
a £2 million research and development facility in Sutherland, north Scotland, for Li-
Ion battery recycling. This new process employs a series of separation technologies to
disassemble the battery systematically and focuses on maximising the recovery of
cobalt and other metals such as copper from the battery for resale. All types of
lithium-ion and lithium -ion polymer batteries will be treated.47
REGULATIONS IN JAPAN
There’s a battery recycling law already in place in Japan with the name “Law for the
promotion of effective utilization of resources” which mandates the recycling of
batteries in the country. The law provides specific guidelines for the recycle of
batteries like Ni-Cd, Ni-MH, Li-ion etc. It was passed in April, 2001.
History of Mercury Reduction Efforts in Japan:
1968- Minamata disease certificated as pollution- related illness
1973- Stop production of Mercurochrome Chlor-Alkali plant need closed-system by
government (mercury method nearly 100%)
1983- Public anxiety on the risks of environmental pollution caused by waste battery
which includes mercury through the waste treatment process
1986- Nation-wide collection & recycling system was established Mercury method of
Chlor-Alkali plant became “ 0%”
1991- Mercury Free completed in Manganese Batteries
1992- Mercury Free completed in Alkaline Battery
1995- Stop production of Mercury Battery.48
47
http://www.budgetbatteries.co.uk/knowledge-base/battery-recycling/ 48 http://www.chem.unep.ch/mercury/Sector-Specific-Information/Docs/waste/S1_04Japan-Effort-in-Management-of-Mercury-Waste.pdf
129
Each stakeholder plays an important role for mercury waste management in Japan.
Government: Establish proper standard/criteria
Producer: Reduce mercury use in the product
Municipality- Separate collection of mercury
Recycler: Proper recovery of mercury
Japan’s experience on mercury waste control system can contribute to improve the
environment in other countries, especially developing countries.
REGULATIONS IN INDONESIA
In Indonesia, several types of batteries are taken into research consideration which
include lead acid batteries (LAB), NiCd, alkaline and zinc-carbon batteries.
Amongst household batteries, ZnC, alkaline manganese, and NiCd are used widely
and so far, household batteries are disposed together in the MWS. It would not be a
big problem for ZnC and alkaline batteries, which are not considered as
environmentally hazard. Nevertheless, the NiCd batteries still contain high amount
of cadmium that is considered as a toxic material that could be emitted to the
environment and cause several problems due to pollution and health issue.
The other types of batteries that are attach to electrical equipments such as NiMh
and Li-ion batteries are a step ahead in management. It usually handled directly by
the producers as a part of producer responsibility or voluntary agreement. As the
example is a voluntary agreement that was signed together with UNEP and ten big
companies in cell phone industries such as Nokia, Motorola, Philips, Samsung, etc.
They promote the environmentally safe disposal of used cell phone including its
batteries. Take back system for batteries is only available for cell phone batteries.
130
Peoples mostly sell the old cell phone when buying the new one and it is important to
educate the consumer to bring their old batteries/cell phone.49
REFERENCES
WEBSITES REFERRED:
http://envis.maharashtra.gov.in/envis_data/files/news/jan/waste%20management.html
http://www.epa.gov/osw/laws-regs/state/policy/p1104.pdf
http://www.ehso.com/ehshome/batteries.php
http://en.wikipedia.org/wiki/Battery_Directive
http://www.budgetbatteries.co.uk/knowledge-base/battery-recycling/
http://www.chem.unep.ch/mercury/Sector-Specific Information/Docs/waste/S1_04Japan-Effort-in-
Management-of-Mercury-Waste.pdf
www.waste.nl/content/download/1523/.../Th%20Batteries%20Indonesia.pdf
http://www.meti.go.jp/english/information/data/cReEffectLe.pdf
STATUTES REFFERED:
Mercury-Containing and Rechargeable Battery Management Act, 1996 (the USA)
Law for the promotion of effective utilization of resources (Japan)
REGULATIONS REFERRED:
Directive 2006/66/EC (European Union)
Sustainable Battery Wastes Management Techniques (Indonesia)
(a) 49 www.waste.nl/content/download/1523/.../Th%20Batteries%20Indonesia.pdf
131
Article VIII. THERMOCOLE (EPS)
INTRODUCTION
Presently there is no regulation or rules particularly in place. The main stakeholders
of thermocol in short may be Households (as packaging material), Electronic
Industry as packaging Material, Kabbadiwala, Textile Unit, Chemical manufacturing
Plant (Insulation waste).
Thermocol is basically Polystyrene.50 Thermocol in general sense when used for
domestic purpose for simple packaging purpose, it does not harm anything to the
product. However, it is often ignored that after all, thermocol is actually a kind of
plastic. Hence, thermocole essentially falls into the category of plastic.
The question often asked is that, what the problem is with "thermocole", when it's at
home? But, it sounds like some dreadful disease or especially unpleasant to answer.
What it's made of is simple plastic and hence if it contains plastics, it will generate
Dioxins.
Whatever one chooses to burn (esp. Plastic) should have the smallest possible
number of "free" carbon atoms and should, when combusted, completely combust all
components to give:
- an inert bottom ash
- smallest amount of Carbon Dioxide (CO2)
- no Carbon Monoxide (CO)
- NO nitrogen or sulphur oxides,(NOx or SOx) which react with H2O to make
atmospheric pollutants (Nitric or Sulphuric Acids)
- no Phosphorous, Fluorides or Chlorine fractions, as these generate a
bewildering number of atmospheric gaseous chemical "species", with
serious health and/or environmental impacts.
- Best combustible fuels are paper, wood and dry garden waste.
50 Polystyrene is a polymer made from the monomer styrene, a liquid hydrocarbon that is commercially manufactured from petroleum. At room temperature, polystyrene is normally a solid thermoplastic, but can be melted at higher temperature for molding or extrusion, then resolidified. Styrene is an aromatic monomer, and polystyrene is an aromatic polymer.
132
INTERNATIONAL PERSPECTIVE OF WASTE MANAGEMENT SYSTEM
IN THE WORLD
EUROPEAN COMMISSION’S APPROACH IN WASTE MANAGEMENT:
EU legislation restricting the use of hazardous substances in electrical and electronic
equipment (Directive 2002/95/EC) and promoting the collection and recycling of
such equipment (Directive 2002/96/EC) has been in force since February 2003. The
legislation provides for the creation of collection schemes where consumers return
their used e-waste free of charge. The objective of these schemes is to increase the
recycling and/or re-use of such products. It also requires heavy metals such as lead,
mercury, cadmium, and hexavalent chromium and flame retardants such as
polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) to be
substituted by safer alternatives.
Despite such rules on collection and recycling only one third of electrical and
electronic waste in the European Union is reported as separately collected and
appropriately treated. A part of the other two thirds is potentially still going to
landfills and to sub-standard treatment sites in or outside the European Union. The
collection target of 4 kg per person per year does not properly reflect the amount of
WEEE arising in individual Member States. Illegal trade of electrical and electronic
waste to non-EU countries continues to be identified at EU borders.
Inadequately treated e-waste poses environmental and health risks. In December
2008, the European Commission therefore proposed to revise the directives on
electrical and electronic equipment in order to tackle the fast increasing waste
stream of such products. The aim is to increase the amount of e-waste that is
appropriately treated and to reduce the volume that goes to disposal. The proposals
also aim to reduce administrative burdens and ensure coherency with newer policies
and legislation covering, for example, chemicals and the new legislative framework
for the marketing of products in the European Union.
The Commission proposes to set mandatory collection targets equal to 65% of the
average weight of electrical and electronic equipment placed on the market over the
two previous years in each Member State. The recycling and recovery targets of such
133
equipment would cover the re-use of whole appliances and weight-base targets would
increase by 5%. Targets are proposed also for the recovery of medical devices.
Member States with a high consumption of electrical and electronic equipment
would have more ambitious collection targets under the new directive, while others
with lower consumption levels would have targets that are appropriately adapted
Waste
As European society has grown wealthier it has created more and more rubbish.
Each year in the European Union alone we throw away 3 billion tonnes of waste -
some 90 million tonnes of it hazardous. This amounts to about 6 tonnes of solid
waste for every man, woman and child, according to Eurostat statistics. It is clear
that treating and disposing of all this material - without harming the environment -
becomes a major headache.
Between 1990 and 1995, the amount of waste generated in Europe increased by 10%,
according to the Organisation for Economic Cooperation and Development (OECD).
Most of what we throw away is either burnt in incinerators, or dumped into landfill
sites (67%). But both these methods create environmental damage. Landfilling not
only takes up more and more valuable land space, it also causes air, water and soil
pollution, discharging carbon dioxide (CO2) and methane (CH4) into the atmosphere
and chemicals and pesticides into the earth and groundwater. This, in turn, is
harmful to human health, as well as to plants and animals.
By 2020, the OECD estimates, we could be generating 45% more waste than we did
in 1995. Obviously we must reverse this trend if we are to avoid being submerged in
rubbish. But the picture is not all gloomy. The EU's Sixth Environment Action
Programme identifies waste prevention and management as one of four top
priorities. Its primary objective is to decouple waste generation from economic
activity, so that EU growth will no longer lead to more and more rubbish, and there
are signs that this is beginning to happen. In Germany and the Netherlands, for
example, municipal waste generation fell during the 1990s.
134
The EU is aiming for a significant cut in the amount of rubbish generated, through
new waste prevention initiatives, better use of resources, and encouraging a shift to
more sustainable consumption patterns.
The European Union's approach to waste management is based on three principles:
Waste prevention: This is a key factor in any waste management strategy. If we
can reduce the amount of waste generated in the first place and reduce its
hazardousness by reducing the presence of dangerous substances in products, then
disposing of it will automatically become simpler. Waste prevention is closely linked
with improving manufacturing methods and influencing consumers to demand
greener products and less packaging.
Recycling and reuse: If waste cannot be prevented, as many of the materials as
possible should be recovered, preferably by recycling. The European Commission has
defined several specific 'waste streams' for priority attention, the aim being to reduce
their overall environmental impact. This includes packaging waste, end-of-life
vehicles, batteries, electrical and electronic waste. EU directives now require Member
States to introduce legislation on waste collection, reuse, recycling and disposal of
these waste streams. Several EU countries are already managing to recycle over 50%
of packaging waste.
Improving final disposal and monitoring: Where possible, waste that cannot
be recycled or reused should be safely incinerated, with landfill only used as a last
resort. Both these methods need close monitoring because of their potential for
causing severe environmental damage. The EU has recently approved a directive
setting strict guidelines for landfill management. It bans certain types of waste, such
as used tyres, and sets targets for reducing quantities of biodegradable rubbish.
Another recent directive lays down tough limits on emission levels from incinerators.
The Union also wants to reduce emissions of dioxins and acid gases such as nitrogen
oxides (NOx), sulphur dioxides (SO2), and hydrogen chlorides (HCL), which can be
harmful to human health.
BASEL CONVENTION AND ITS POLICY OBJECTIVES
As thermocol has now been regarded as a hazardous waste in the environment, it is
essential to understand the concerned conventions and their effect on the developing
135
countries and their socio-economic welfare, as it is generally observed that
developing country like India uses thermocol in a much wide spread manner and for
this purpose any ban on this material may seriously affect its socio-economic welfare.
Hence, we need to understand what the convention is talking about and how those
suggestions may be implemented without disturbing the existing socio-economic
condition.
The Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal (‘the Basel Convention’) was signed in 1989 under the
auspices of the United Nations Environment Program (UNEP)51 and went into force
in 1992. It was arguably the first broad-based multilateral environmental agreement
(‘MEA’) to impose global environmental standards for trade. The U.S. remains a
non-Party to the Convention,52, though the Clinton Administration had at one point
imposed its own unilateral restrictions on the shipment of hazardous wastes.53
The Basel Convention was negotiated with the assistance of environmental non-
governmental organizations (ENGOs), most notably Greenpeace. Its adoption
“created [an evolving] global regulatory regime to control trade in hazardous wastes,
which obligates governments to manage waste transportation and disposal” 54.
According to some commentators, the selection of a framework convention-protocol
51 “The growth of the international waste trade first prompted negotiations under the United Nations Environment Program (UNEP). Calls for regulation peaked in 1988 when the news media highlighted numerous incidents of improper waste dumping in Africa and Eastern Europe…” James M. Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, Competitive Enterprise Institute, Environmental Studies Program, (Sept. 9, 1996), at p. 1, citing, Environmental Law and Institutions Unit, UNEP Environmental Law Library No. 2, “The Basel Convention on the Control of Hazardous Wastes and Their Disposal 3-4, 6-7, 1990, as cited in David A. Wirth, “International Trade in Wastes: Trade Implications of the Recent Amendment to the Basel Convention Banning North-South Trade in Hazardous Wastes”, New York: Global Environment and Trade Study, (Jan. 19, 1996). 52 President Bush (41) signed the Basel Convention in 1989, but the Convention has since not been ratified by the Senate. 53 In 1994, the Clinton Administration reversed U.S. policy on hazardous waste exports. “It decided to support a ban on waste exports to developing countries, and asked Congress to bring U.S. law into conformity with Basel. The administration position would [have] permit[ted] trade in Basel wastes only with Canada and Mexico, exempt[ed] some recyclables, [and] prohibit[ed] exports of used car batteries.” James Sheehan, at p. 4. 54 “The regime-building process does not end with the signing and ratification of a global environmental convention. Once established, a regime can be strengthened, its central provisions made clearer or more stringent through further bargaining. The strengthening of a regime may occur either because new scientific evidence becomes available on the problem, because there are political shifts in one or more major states, or because the existing regime is shown to be ineffective in bringing about meaningful actions to reduce the threat. The process of regime strengthening is encouraged by the review process that takes place at the periodic meetings of the Conference of the Parties mandated by most global environmental conventions.” Gareth Porter, Janet Welsh Brown and Pamela S. Chasek, Global Environmental Politics, 3rd ed., Westview Press, (2000), at pp. 80-81.
136
process (model), which has since been utilized as a template for other global
environmental regimes, 55 has strategic
implications for both parties and non-parties.56 For example, “the Basel Convention
allows ‘substantive decisions’ to be made by a two-thirds majority of those present
and voting, without any opt-out provision for those who oppose it, which is how the
ban on the trade in hazardous wastes was adopted.”57At least one commentator has
emphasized that,
“The Basel Convention makes it possible for a minority of countries to ratify and
impose measures that will affect the entire global community….In a system of multi-
lateral forums many poorer developing countries do not have adequate funds to
support their presence and participation in multi-lateral forums. Such poorer
countries can become easy recruitment by developed countries for casting votes in
favor of measures such as bans. The Convention can thus…[a]ffect international
legal regimes through minority voting! This is clearly undemocratic in practice and
spirit (emphasis added).” 58
55 “Negotiators were encouraged to utilize the convention-protocol process, which establishes a framework of general commitments and broad goals governing international behavior. This ‘soft’ law instrument is designed to evolve over time, with ‘hard’ law instruments to be negotiated and approved later through Conferences of the Parties. Subsequent protocols are used to implement more detailed policies within a binding regulatory regime. ” (emphasis added). Ibid., at p. 3, citing Gareth Porter and Janet Welsh Brown, Global Environmental Politics, 2d ed., Westview Press, (1996), pp. 86-87. See, also: Porter, Brown and Chasek, 3rd ed., at pp. 80-82. 56 “Regime strengthening may take one of three possible forms: The Conference of the Parties can formally amend the treaty…The Conference of the Parties can adopt a protocol that establishes concrete commitments or targets, as in the cases of the Parties to the Vienna Convention negotiating the Montreal Protocol, the Parties to the UN Framework Convention on Climate Change negotiating the Kyoto Protocol, and the Parties to the Convention on Long Range Transboundary Air Pollution negotiating protocols on sulfur dioxide, nitrogen oxide, and volatile organic compounds [such as persistent organic pollutants]. [Arguably, the Parties to the Convention on Biological Diversity achieved a similar result through negotiation of the Cartagena Protocol on Biosafety.] In some treaties, the Conference of the Parties can make decisions requiring important new actions by the Parties without either amending the convention or creating a new protocol, as in the cases of the tightening of phase-out schedules in the Montreal Protocol, [and] the ban on hazardous waste exports to developing countries in the Basel Convention…The adoption of protocols has been used successfully to strengthen regimes that began as a framework convention. A framework convention does not establish any detailed, binding commitments…usually because the negotiators have not been able to reach agreement on such measures…The creation of a conference of the parties allows further negotiations on more concrete, binding actions on the issue, taking the form of one or more protocols…This two-stage approach has allowed the international community to establish the institutional and legal framework for regime strengthening even when there was no agreement on the specific actions to be taken” (emphasis added). Ibid., at p. 81. 57 Ibid.,. 58 Prasanna Srinivasan, “The Basel Convention of 1989 – A Developing Country’s Perspective”, Liberty Institute, India (Sept. 24, 2001), at p. 7. See, also: “Waste”, Sustainable Development Network, at: (http://www.sdnetwork.net/waste.htm ), wherein it was stated that, “with environmental treaties, it is common that aid-dependent nations such as those in Africa become pawns in the game, enticed with money to sign and ratify treaties. Along with the EU, countries like Rwanda often are among the first to sign and ratify such treaties.”
137
It has been said that the philosophy underlying the treaty is premised on the notion
that, “the global environment is best safeguarded by reducing the generation of
wastes by industry. The Basel Convention has three primary objectives. [First,]
transboundary movements of hazardous wastes should be reduced to a minimum
consistent with their ‘environmentally sound management’. [Second,] hazardous
wastes should be treated and disposed of as close as possible to their source of
generation. [Third,] hazardous waste generation should be reduced and minimized
at source.”59 Many materials have been classified as ‘hazardous waste’ under the
treaty. They include solvents, chemical residues, and pharmaceutical byproducts. At
least one commentator has argued that “these [definitional] criteria are so broad that
trade in the byproducts of nearly all agricultural and industrial processes are
potentially affected.” 60
While a detailed analysis of the Basel Convention is beyond the scope of this paper,
its requirements may be said to involve the presentation of detailed documentation,
the obtaining of prior informed consent, and the enactment of national/ regional
laws to implement the obligations of each Party to the Convention. This includes the
promulgation of laws to prevent and punish illegal trafficking in hazardous wastes.61
“Customs officers ‘are to make sure that the material being inspected corresponds to
both the transport manifest and the Movement Documents that accompany the
wastes’. Transboundary shipment is prohibited unless government authorities in the
state of export, the state of import, and all states in transit are provided written
notification concerning 21 categories of information. To transport listed material
59 James Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at p. 2. The concept of ‘environmentally sound management’ is defined as “taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste.”; The Basel Convention, Article 2(8). 60 James Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at p. 2. 61 On December 10, 1999, at the conclusion of the Fifth Conference of the Parties (COP-5), the Basel Protocol on Liability and Compensation was adopted. The Protocol addresses “the concerns of developing countries about their lack of funds and technologies for coping with illegal dumping or accidental spills. The objective of the Protocol is to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic in those wastes. The Protocol addresses who is financially responsible in the event of an incident. Each phase of a transboundary movement, from the point at which the wastes are loaded on the means of transport to their export, international transit, import, and final disposal, is considered. The Protocol shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, formal confirmation, approval or accession.” The Protocol has not yet entered into force. As of October 17, 2003, there are only thirteen signatures. See: Secretariat of the Basel Convention, United Nations Environment Program, Protocol on Liability and Compensation”, at: (http://www.basel.int/pub/protocol.html ).
138
within a signatory country, a shipper must have prior informed consent, permission
from that country’s government to transport or dispose of wastes somewhere in that
country’s territory. A Party may export hazardous materials for disposal only if it
cannot dispose of the waste domestically…Trade in hazardous materials is
permitted only between Parties to the Convention. ‘Transboundary movements of
hazardous wastes carried out in contravention are to be considered illegal traffic and
a criminal act…every Party shall introduce national legislation to prevent and
punish illegal traffic in hazardous wastes’…” (emphasis added). 62
In addition, the Convention prohibits a Party from exporting “listed materials to a
non-Party,63 unless such trade is regulated by a separate agreement no less stringent
than the Basel Convention.64 This provision, found in Article 11 of the treaty, could
effectively enforce the Convention on the entire world, even on countries which
oppose it. The executive secretary [to the Convention] says, ‘Parties and non-Parties
will have to respect standards recognized as essential by the international community
for the protection of the environment’” (emphasis added).65
At least one commentator disputes the notion that there was much illegal traffic in
waste for the Convention to address in the first place, as well as, the idea that, in
most cases, the developing countries were unwilling recipients i.e., victims, of illegal
waste dumping.
“The overwhelming majority of transboundary shipments of hazardous waste take
place legally among industrialized countries with well-developed regulatory regimes
that require environmentally sound management of waste. Data from the United
Nations Environment Programme show that most waste trade (80%) is between
European Union countries, for the purposes of recycling and recovery, not final
disposal. Furthermore, little environmental damage has occurred as a direct result of
transfrontier movements of hazardous waste, whether legal or illegal. But what
62 James Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at pp. 2-3, fns 6 and 9, citing I. Rummel-Bulska, “The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and Trade and Environment Issue,”, Trade and the Environment: Challenges for 1996, Global Environment and Trade Study and New York University Law School, (Jan. 19, 1996), pp. 2-3. 63 Basel Convention Article 4 (5) imposes a general obligation on Parties. It states that, “A Party shall not permit hazardous wastes or other wastes to be exported to a non-Party or to be imported from a non-Party.”
64 Basel Convention Article 11 (1) provides a narrowly drawn exception to that general obligation that effectively impacts all WTO members, whether or not they are Parties to the Basel Convention. 65 James M. Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at p. 3.
139
about poorer countries: are they dumping grounds for the rich? Based on an
economic logic - but not on facts - that waste flows to places where disposal costs are
low and environmental consciousness weak, Greenpeace and other organizations
created the misperception that developing countries were victims of ‘environmental
imperialism’” (emphasis added). 66
The Ban Amendment and the Convention’s Broad Definition of Hazardous Waste
Would Impose Significant Burdens on Developing Country Reclamation and
Recycling Industries
“The most controversial aspect of the Ban Amendment is the ban on exports [from
OECD/EU countries] of wastes intended for recovery and recycling, such as scrap
metal...” Environmentalists readily acknowledge that “the veto coalition and…some
developing countries…[have significant] economic interest in maintaining a lucrative
trade in wastes for recycling…”67 Yet, they ignore how the amendment would impose
higher costs on developing country industries to secure scrap metals and how that, in
turn, would trigger revenue and earnings losses and result in reduced technological
innovation without any concomitant environmental benefit being realized.
“The Basel Convention is an international agreement intended to prevent the illegal
dumping of hazardous waste in poor countries – an attempt to impose uniform
global waste management standards…The difficulty in defining ‘hazard’ led to the
inclusion of some metals intended for recycling, amongst other things. The result
has been an increase in the cost of moving used metals, including zinc and lead, to
countries in the developing world with highly developed metals recycling facilities
such as India. As a result, developed countries have to do more of the recycling
66 Mark A. Montgomery, “Waste Not, Want Not”, Tech Central Station 1/10/03, at: (http://www.techcentralstation.be/011003M.html). 67 Porter, Brown and Chasek, Global Environmental Politics 3rd Ed., at p. 108. “The debate had centered on the question of which wastes were defined as ‘hazardous’ for the purposes of recycling and recovery. To help remedy this situation, a Technical Working Group was assigned the task of drawing up a list of banned (and exempt) wastes and to report to the fourth Conference of the Parties (COP-4) which was held in February 1998. At COP-4, parties accepted the lists that the Technical Working Group had created: List A (wastes characterized as hazardous and subject to the ban, List B (wastes exempt from the ban), and List C (wastes not yet assigned to Lists A or B). The Technical Working Group [has been] working on categorizing the List C wastes, which include polyvinyl chloride (PVC), among other wastes.” Ibid.
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themselves (something in which they would not have a comparative advantage) and
developing countries lose out, with no environmental benefit” (emphasis added). 68
Commentators have argued that if the Basel Convention were so amended it would
pose “a very real problem for businessmen in developing countries…Many
developing countries can only obtain recyclable materials from international
markets…[Even] Greenpeace campaigner Jim Puckett admits that the trade ban will
damage industries in poorer parts of the world. However, he told the Economist that
“the small harm done will be more than outweighed by the environmental and health
benefits of a strict ban’” (emphasis added). 69
Indeed, in several developing countries, inputs for production have included scrap
metal and metal wastes. For example, obsolete ships that arrive at developing
countries for scrapping provide metal for steel recycling. If the scrap metal were truly
waste, as some countries would define it under the treaty, then it would have no
further economic value. However, this is not the case at all.70
“A large majority of the materials…define[d] as ‘hazardous wastes’ are in fact
valuable materials destined for recycling, recovery, and re-use. The decision to ban
exports of many recycling materials from rich to poor nations would needlessly
terminate a lucrative and mutually beneficial trading relationship. Recycled scrap
provides several countries with supplies of aluminum, lead and zinc. The United
States exports 9 to 10 million tons of scrap iron and steel per year, which many
countries use as a feedstock to make steel. If trade in secondary materials is
banned, many countries will lose access to global markets for secondary raw
materials, scrap metals and textiles…The OECD nations provide the rest of the
world with much of its available aluminum, lead, zinc, copper, paper and plastics.
International markets are a vital industrial source of secondary raw materials and
energy for…South Korea…[and] developing countries such as…Indonesia, China,
Malaysia, Thailand and India” (emphasis added). 71
68 “Waste”, Sustainable Development Network, at: (http://www.sdnetwork.net/waste.htm ). 69 James M. Sheehan, at p. 6, fn 39, citing “Muck and Morals”, The Economist, September 2, 1995, p. 61. 70 Prasanna Srinivasan, “The Basel Convention of 1989 – A Developing Country’s Perspective”, at p. 6. 71 James M. Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at pp. 2 and 5. Of the five importing nations mentioned, only China and Malaysia have ratified the Ban Amendment. See: Secretariat of the Basel Convention, United Nations Environment Program, “Status of Ratifications, Updated October 17, 2003”, at: (http://www.basel.int/ratif/ratif.html ).
141
Commentators have also claimed that the difficulty with the Convention’s broad
definition is that ships destined for disposal can be classified as ‘hazardous waste’.
And, this can run counter to how developing country national laws define the term
hazardous waste for purposes of implementing the Convention. “An expert
committee in India, working under instructions from the Supreme Court, discovered
that [only] about 1% of a ship’s physical constituents comprise hazardous substances
as per existing definitions of the Convention. Similarly, there are several products
and by-products that contain varying degrees of toxic or ‘hazardous’ substances that
are not inherently hazardous wastes” (emphasis added).72
Similarly, the Basel Convention “defines as hazardous[,] ‘operations which may lead
to resource recovery, recycling, reclamation, direct re-use or alternative uses’,
including any material which can be used as a fuel, a solvent, a metal, or metal
compound, an organic substance, or ‘other inorganic materials’. If a transported
material contains any quantity of copper compounds, zinc or lead, for example, it is
automatically defined as hazardous, even though such materials may be important
feed stocks for industrial production. International shipments of metals, used car
batteries, used computers, and second-hand clothing could be affected by this
definition” (emphasis added). 73
PLASTIC WASTE AND RECOMMENDATIONS OF PLASTIC WASTE
MANAGEMENT
As thermocol is actually a plastic hence its waste is as similar to the plastic waste.
Even the consequences are also more or less same from thermocol waste. Thus, the
recommendations of Plastic Waste Management (PWM) may be instrumental here.
For this purpose, we need to look the life cycle of plastic. It is most important to
mention that the plastic waste may be of two types: a. Recyclable and b. Non-
recyclable. And problem lies with the non-recyclable plastic waste.
Life Cycle of plastic:
72 Prasanna Srinivasan, “The Basel Convention of 1989 – A Developing Country’s Perspective”, at p. 6, fn 5, citing, “Report of the High Powered Committee on Management of Hazardous Wastes, pursuant to writ petition No: 657/95, Supreme Court of India. Research Foundation for Science, Technology and Natural Resource Policy vs. Union of India and others, Page 83. 73 James M. Sheehan, “Trashing Free Trade: The Basel Convention’s Impact on International Commerce”, at pp. 5-6.
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Virgin Plastic Plastic Products Open Market (For Various Applications)
Consumer Post Consumer Waste Environment
Burning Landfilling
Ragpickers Kabariwalas
Waste Dealers Recycler Recycled Products
Plastic Waste Types
TYPE OF WASTE PRODUCTS
Recyclable
POLYOLEFINS (HDPE, LDPE, PP) Carry bags, Household
(Value Addition Possible) Items, Containers, Toy,
Packaging, Pipes
PVC Footwear, Wires & Cab
(Value Addition Possible) Flooring, Pipe & Conduits
PET Bottles
(Value Addition Possible)
Non Recyclable
METALLIZED/ MULTILAYER FILM Landfilling/Burning
THERMOSETS (Cause Of Concern !)
However, 90% of the plastic types are recyclable
143
Plastic Waste Composition:
80% of plastic waste comprises of (PE, PP, PS, PVC, PET) and rest 20% comprises of
(PC, ABS, thermocol and Malamine)
Plastic Waste Dimensions
- Annual Generation of Plastic Waste (5.7 MMT) out of which:
- Non-recyclable (40%)
- Main cause of environment pollution
- Affects fauna & flora
- Magnitude of impact varies widely
- MSW constitutes 4% plastic waste
- Recyclable (60%)
- Recycling volume : 3.5 MMT
- Recycling methods vary widely
- Social & Environmental benefits
Plastic Waste Hazards
- Emitting of polluting gases while burning in open
- Interference in MSW processing and land filling operation
- Occupational health hazard
- Littering of plastics leads to environmental concerns
- Contamination of soil and ground waster
Most of these hazards can be avoided by devising a systematic PWM system
Plastic waste in India
Estimated Quantity of PW: 10,000 TPD i.e. 9% of MSW (Based on data from MSW
generation)
Cause of Threat : Non biodegradability
Assumption of PW: 15,000 TPD (70% of Plastic (as per CPCB) consumed)
Per capita generation of PW: 5.7 kg /annum
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India is a leading country w.r.t. to PW recycling i.e. 60%-90% of the plastic types are
recyclable. Exact quantification is required
Environmental issues / concerns
- Littering of plastics carry-bags, packaging films due to lack of proper collection
system
- Plastic waste disposed along with MSW
- Non recyclable plastic waste of multi-layer, metalized pouches are burnt, hence
cause health hazards
- Recycling industries functioning in non conforming areas
Plastic manufacture & usages rule
- Recycled bags for foodstuffs are prohibited
- Recycling should be as per IS:14534:1998
- Carry bags size 8 x 12 inches and thickness<20H m
- Recycled bags should be pigmented and colorant as per IS:9833:1981
- Plastic recycling units should be registered with State PCB / PCC
Review of CAG Report Recommendations:
Recommendation I
Pertains to Recommends Comments
Quantum of plastic waste Assessment of quantities
on a regular basis
Regular data generation
through real life surveys
Existing gap areas:
- Data on quantity, type, quality, safety etc. of Plastic waste don’t exist for policy
makers
- Regulations need technical bulletins and information about PWM for
enforcement of PWM system recommendation
Recommendations: 1. A machinery that provides technical help
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2. A machinery dedicated to policy research on PWM
3. Regular survey for data up-dation
Recommendation-II
Pertains to Recommends Comments
Risks involved Studies on safety data,
factors, health risks etc
The studies should focus
on PW as well as PWM
Existing gap areas:
- A lot of misconception about Plastics, PW and PWM
- Lack of awareness about process, product and technologies
- Lack of data and data sharing for safety and enforcement
Recommendation: 1. Scientific studies focussing on safety hazards and impact on
environment on PW and PWM methods
2. Technical support for regulators
3. Fool-proof (scientific basis) regulatory system
Recommendation-III
Pertains to Recommends Comments
Existing legislation Penalty for polluter
Strict laws & rules
Scientific basis behind the
rules be the key
Existing gap areas:
- Inadequate laws and rules
146
- Lack of clear cut channels of recommendation and enforcement mechanisms
- Lack of scientific basis for the existing rules
Recommendation:
1. Defining the Polluter
2. Identifying the ways to reduce PW and considering it while making rules
3. Penalty along with reward policy
Recommendation-IV
Pertains to Recommends Comments
Responsibility
Accountability
A structure with CPCB
as the nodal agency with
clear cut accountability
of state machinery
A coordinated approach
would be the key
Existing gap areas:
- Lack of focus on responsibility of PW and PWM at various levels of states as
well as centre
- Agencies working in arbitrary manner in isolation
Recommendation: 1. A coordinated approach to deal with the regulation of PW and
PWM through defining clear cut responsibility with accountability
2. Proactive approaches to draw cooperation and support from common people
Recommendation-V
Pertains to Recommends Comments
Compliance Time bound plans for Focus on plastic waste and
147
Mandatory waste disposal
Framing rules such that
DCs & DMs enforce them
strictly
not to confuse with
hospital waste, electronic
waste etc.
Existing gap areas:
- Lack of clarity about PW; confused with hospital waste and electronic waste
etc.
Recommendation: 1. Creation of PWM system with complete clarity about
enforcement mechanism with well defined responsibility & accountability
2. A scientific document on various types of PW and PWM
3. Waste disposal methodologies and infrastructure should be implemented
Recommendation-VI
Pertains to Recommends Comments
Effectiveness of
Monitoring
Regular monitoring with
schedule
Monitoring, Methodology
and criteria
Existing gap areas:
- Monitoring activity is not on regular basis
- Guidelines about monitoring non existent
Recommendation:
1. Proper Monitoring Methodologies to be adopted
2. Monitoring Criteria should be well defined
3. Schedule of Monitoring based on types of PW to be prepared & adhered to
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Recommendation-VII
Pertains to Recommends Comments
Adequacy of Infrastructure Schemes of funding and
budgetary provisions
Procedure and Guidelines
for Capability Building
Existing gap areas:
- Lack of capabilities and capacities
- Lack of schemes for up-gradation and adoption of state-of-the-art technologies
Recommendation: 1. Emphasis on encouragement schemes for those keen to work
for PW and PWM
2. Incentives for innovation in PWM
Overall Recommendations
- Scientific ways to be adopted for disposal, reduction, rejection
- Machinery that provides technical help
- Machinery dedicated to policy research on PWM
- Scientific studies focussing on safety hazards and impact on environment on
PW and PWM methods
- Technical support for regulators
- Fool-proof (scientific basis) regulatory system
- Defining the polluter
- Identifying the ways to reduce PW and build it in while making rules
- Penalty along with reward policy
- A coordinated approach to deal with the regulation of PW and PWM through
clear cut responsibility with accountability
- Proactive approaches to draw cooperation and support from common people
- Creation of PWM system with complete clarity about responsibility
accountability and penalty
- A scientific document on various types of PW and PWM
149
- Monitoring Methodologies
- Monitoring Criteria
- Schedule of monitoring based on types of Plastic Waste
- Emphasis on encouragement schemes for those keen to work for PW and PWM
- Incentives for innovation in PWM
- Adoption of state-of-the-art of technology and system
- For collection, Segregation, Transportation and Disposal
- Municipal corporation, Council and Panchayat should also be made possible
International system of PWM:
Technology selection is based on:
- Scientific approach to management Plastic Waste
- Local needs and local resources be matched
- Adoption of state-of-the-art of technology and system
PROPOSED ROADMAP FOR PLASTIC WASTE MANAGEMENT: Action points Actions to be taken by/
time target
Instrument of
implementation
Prohibiting of littering of
thermocol packaging and
organizing, collection &
segregation
Municipal Corpn.,
Municipal Councils and
Panchayat
3 MONTHS
Enactment of anti littering
law and its enforcement
mechanism
Segregation at source Municipal Corpn., Door to door collection
150
Municipal Councils and
Panchayat
3 MONTHS
and public awareness
programmes
Prohibition of
manufacturing, stock &
sale of Sub-standard
thermocol and plastic
bags, films etc
District Collectors and
SPCBs/PCCs. Local Body
1 MONTH
Frequent raids in market
and industrial areas
Management of non-
recyclable PW as it poses
health hazards, (burnt due
to its non-recyclability)
Municipal Corpn.,
Municipal Councils and
Panchayat
3 MONTHS
Management of non
recyclable PW through
RDF and use in road
construction
Regulation of PW from
railways, airports, fast
food corners, fairs etc.
Railway & Airports
Authorities and Municipal
Corpn
3 MONTH
Regulatory provisions to
be incorporated as
condition of license
Regulation of industries in
non-confirming
(residential) areas
Industry Dept.,
SPCBs/PCCs & Local
Bodies
3 MONTH
Regular joint raids
randomly
Utilization of PW for road
construction and other use
Municipal Corpn.,
Municipal Councils and
Panchayat
3 MONTHS
Incorporation Of Min.5%
to 8% PW in road
construction to be made
mandatory initially for a
period of 5 years
Mass awareness campaign SPCBs/PCCs and Local
Bodies
3 MONTH
Public Awareness
campaign to be launched
and unorganized sector
(Ragpickers)/NGO’s to be
involved
Promotion of
biodegradable
plastics bags and films as
District Collectors
and SPCBs/PCCs /
3 months
Research programs
for development of
bio-degradable
151
per ASTD-
6400/ISO:17088
materials
Formulation of Action
Plan for PWM such as;
• Collection & Storage
facility at Each Zone
• Setting of compacting
and bailing centres
• Adoption of options
like road construction,
Plasma Pyrolysis, mfr
of resins/ingots
Municipal Corpn.,
Municipal Councils and
Panchyats / 3 months
•Local bodies to
be given special credit
points in form of extra
grant based on quantity of
plastic waste
managed
•R & D projects
on PWM
Overall suggestions for plastic waste management vis-a-vis thermocol reuse and
recycle management:
Environmental Issues/Concerns Proposed Actions/Suggestions
Littering of Plastics Carry bags,
Packaging Films due to lack of collection,
segregation by the Local Bodies. Disposal
on land, may make
it infertile due to impervious nature of
plastics
Municipal bodies and other allied bodies
should take initiative to organize proper
management of plastics waste
(Action: Municipal Authority)
As per present practices, the plastics
wastes are disposed along with MSW
which poses problem in collection,
segregation, reusing &
recycling.
• PWM should be done at Source by the
Local Bodies.
• Local Bodies to develop mechanism for
processing of plastics waste through
Manufactures & Shopkeepers (Action:
Municipal Authority
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Manufacturing, stock & sale of
Substandard
plastics bags, films etc. which poses
problems in collection and recycling
As per Rules, plastics carry bags of size <
8x12 inches and <20 H are not
permitted. Regular checks followed by
imposing penalty to defaulters (Action:
Municipal Authority)
Non-Recyclable Plastics Waste generated
mainly by multilayer and metalized
pouches and packaging poses health
hazards, (burnt due to its non-
recyclability)
The manufacturers & shopkeepers in
collaboration with Local Bodies should
properly manage Action: Municipal
Authority)
Major Contributors/Generators of
plastics waste Such as Railways, Airports,
Fast Food Corners, Fairs etc
The major contributors /generators,
should develop common plastics waste
collection and processing facilities
(Action: Municipal Authority/ Railways)
Running of illegal industries in
Nonconforming (Residential) Areas for
manufacture and recycling of
substandard plastic bags, films, cables,
and recovering metals like Cu, Al, by
burning waste plastics
Operation of such units in
nonconforming
/residential areas should be prohibited.
(Action: SPCBs & PCCs / Industry
Department
Lack of Proper Action Plan for Plastics
Waste Management
Formulation of Action Plan for Plastic
Waste
Management by Local
Bodies;
1.Collection & Storage Facility at Each
Zone;
153
2.Setting up of compacting/ bailing
centres;
3.Adoption of various options like road
construction & manufacturer of resins &
ingots & disposal of plastics waste by
Plasma Pyrolysis (Action: State
Government)
APPROACH OF GUJARAT ENVIRO PROTECTION AND
INFRASTRUCTURE LIMITED (GEPIL) IN RESPECT OF VARIOUS WASTE
MANAGEMENT MECHANISM:
Gujarat Enviro Protection and Infrastructure Limited (GEPIL) is in the business of
developing an Integrated Common Environmental Infrastructure Projects on Built-
Own and Operate basis, in India. The company is promoted by “Luthra Group”-
industrial group since 1963, having its primary interests in the field of Textile
Processing and Real Estates.
Gujarat Enviro Protection and Infrastructure Ltd (Unit Alang), is operating and
maintaining Common Hazardous waste TSDF on behalf of Gujarat Maritime Board,
since October’ 2005.The site is constructed and developed by Gujarat Maritime
Board. Awarded to GEPIL for Operation and Maintenance through competitive
Bidding Process in September’ 2005. Total Notified Area is 7 Hectares. The site
situated at Alang Ship breaking yard; the largest ship breaking yard in the world, is
designed to collect, transport, Receipt, Store, treat and dispose off wide range of
hazardous waste. GEPIL (Alang Unit) is also associated with Sweeping, collection,
transportation, treatment and disposal of Municipal wastes generated during the
ship breaking activities.
In India, the wastes mentioned in schedule-I and schedule II of Hazardous Wastes
(Management & Handling) Rules’ 1989 and as amended in 2000 and 2003 have
been categorized as hazardous wastes. GEPIL (Unit Alang) is providing its services to
more than 80 industries of region. The facility receives wastes from Ship breaking
and Ship recycling industrial sectors.
154
GEPIL’s expertise in Safe Removal and management of Asbestos and PCB bearing
wastes from Ship breaking sector. The procedures adopted for the safe removal of
asbestos have been recognized by Supreme Court Monitoring Committee on
Hazardous wastes management in India, the Ministry of Environment and other
authorities namely the Pollution Control Board, the maritime board and the French
Government.
The following units as created by Gujarat Maritime Board is now operated by GEPIL:
- Secured Landfill Cells with Leachate sump and GWM wells
- Cell-1: 43038 cu.m. (dedicated for Asbestos and glass wool Wastes)
- Cell-2: 10,212 cu.m. (dedicated for Other Hazardous Wastes)
- Cell-3: 8723 cu.m. (dedicated for Municipal Wastes)
- Intermediate Storage & Segregation Facility
- Vehicle Cleaning Facility
- Environmental Laboratory
- Transport Vehicle as per CPCB transport Rules
- Weigh Bridge Facility
- Office Building, Computerized Wastes Tracking System
- Incineration Facility (Tie up with TSDF, Surat
The ship breaking units send their hazardous wastes to this facility for necessary
treatment and disposal. Following wastes generated during ship breaking are
received, stored, transported, treated and disposed off at the facility.
- Paint chipsAsbestos bearing wastes
- Glass wool
- Thermocol
- Materials Contaminated with oil and chemicals
- Oily sludge
- Contaminated and corroded scraps
- Rubber Gaskets & Isolation Mounting
- PVC & Plastic Waste
- Canvass With Chemical Coating/Chicken Mesh/ Rexine /Card Board
155
- Cementing Material & Tile/Solidified Cement/Construction With/A C Sheets.
- Other heavy metal bearing waste
GEPIL follows various treatment and disposal routes depending upon the chemical
characteristics of wastes and the disposal criteria fixed by the Central Pollution
Control Board of the country. The wastes undergo various combinations of
pretreatments, treatments and disposal into secured landfill disposal cells.
The wastes requiring pretreatments, no treatment and direct disposal
The wastes requiring direct disposal to secured landfill facility
The Organic wastes requiring pretreatment, Incineration and disposal of incinerated
ash into secured landfill facility
The Organic wastes requiring no pretreatment, Incineration and disposal of
incinerated ash into secured landfill facility
The wastes requiring pretreatment, solidification and stabilization and or
Encapsulation followed by disposal of stabilized/encapsulated mass into secured
landfill facility
The wastes requiring no pretreatment, solidification and stabilization and or
Encapsulation followed by disposal of stabilized/encapsulated mass into secured
landfill facility.
Total waste received (up to 31st August-2009) at TSDF, Alang
Sr. No. Description Qty (MT)
1. Asbestos 103.090
2. Glass wool 6175.190
3. Thermocol 738.375
4. Other 2816.760
Total 9833.405
5. MSW 2716.760
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HANDLING AND DISPOSAL OF THERMOCOL LIKE HAZARDOUS
MATERIALS FROM CONSTRUCTION SITES:
The Hazardous Wastes (Management & Handling ) Rules 1989 were notified by the
Ministry of Environment and Forest, Government of India, under the provision of
the Environment (Protection) Act 1986. The Maharashtra Pollution Control Board
has developed various guidelines for transportation and disposal of hazardous
wastes.
Hazardous waste has been defined in Rule 3 of Hazardous Wastes ( Management &
Handling) Amendment Rules, 2003 coming into force with effect from 20 May 2003
as any waste which by reason of any of its physical, chemical, reactive, toxic,
flammable, explosive or corrosive characteristics causes danger or is likely to cause
danger to health or environment, whether alone or in contact with other wastes or
substances.74
Manufacturers of products generating hazardous waste materials are required to
provide detailed directions for handling and disposal of these products. These
instructions are in the form of “Material Safety Data Sheets” (MSDS). MSDS for each
product/material should be referred to for handling, storage and usage
specifications.
Precautionary steps for handling and disposal are necessary for the following reasons
• Protection for the laborers
• Protection for other materials, products, equipments etc. on site
• Water, Air and Soil Contamination
General instructions for handling & disposal of Hazardous waste
1. Labeling all Hazardous products and waste as ‘Hazardous materials’ in local and
other preferred languages should be incorporated as a general practice.
74 Central Pollution Control Board, http://mpcb.mah.nic.in/images/NationalPolicy.pdf
157
2. All waste classified as hazardous should be isolated and stored as per the
Hazardous waste management Rules or as per the MSDS provided by the
manufacturer.
3. Locations should be identified on the construction site to store the used/scrap
wastes and the items should be segregated and stored in the bins accordingly.
4. After filling up the scrap disposal form and certification from the Engineer/
Manager of the department, the waste is to be handed over to the authorized agency
for disposal.
5. Fire Extinguisher should be accessible.
6. Emergency exit to be marked clearly and should be devoid of any obstructions.
In addition to the hazardous materials, following items used for application of
hazardous chemicals should also be properly disposed
• Cotton Hosiery gloves/ Criss cross gloves
• Arm Guards
• Corrugated /Thermocol Scrap
• Plastic and glassware.
- Product packaging (cement bags, cartons, containers, plastic covers etc.)
• Collect all product packaging material at a designated area.
• Reuse & recycle to the extent possible the product packaging material.
• Handover the packaging material to proper recycling agents or
Municipal authority for recycling or proper disposal.
- Plastics, Acrylics, Silica, PVC
• Collect all Unwanted / Broken plastic parts and Non Biodegradable
material at the appropriate areas.
• Collect the scrap in the appropriate bins with list of all scrap parts.
• Handover the scrap material to proper recycling agents or municipal
authority.
158
CONCLUSION:
After referring various guidelines and technicalities to reuse and recycle thermocol it
may be concluded that thermocol in general sense though may not be as harmful as
raw plastic but in long term it equally harmful.
However, we have tried to point out the various sources of thermocol and possible
recommendations to reuse and recycle, some important areas may be left out. One of
such area is interior decoration. As we know that now a day’s life style has changed
and interior decoration has taken lion share of that. And unfortunately, thermocol is
an important material in interior decoration. Thus, it is recommended that there
should be an overall awareness and the interior decorators should be informed about
the effect of such hazardous materials which can be done by introducing these
aspects in their academic curriculum. Again, any stocking, piling of thermocol other
than packaging in industrial as well as agricultural area should not be allowed. Thus,
if all these efforts are summed together we can logically expect that our posterity
would be in a safer greener earth otherwise instead of green earth, plastic earth
would be invited in exchange.
159
Article IX. PUF
PROPOSED GUIDELINE
PREAMBLE
Being mindful of the adverse impacts of unmanaged waste on the ecology of the State
of Gujarat, this Bill is aimed at prevention and reduction of volumes of waste
generation, promotion of segregation, reuse, recycling and management of waste in
an environmentally sound manner.
Protecting the environment and human health through sound management of PUF
waste in pursuit of Gross National Happiness and the age old tradition of living in
harmony with nature.
Acknowledging every citizen’s duty to preserve, protect and respect the environment,
culture and heritage of the nation as enshrined in the Constitution.
Ensuring sustainable development and inter-generational equity through
conservation and enhancement of the environment for the benefit of future
generations.
This PUF Waste Prevention and Management Act has been enacted by the ____
session of the State Assembly on ______
AIM OBJECTIVES CLAUSE.
The aim of this act is to provide for a legislation governing the waste disposal of
PUFs. It seeks to provide penal implications for violating any norms regarding the
proper disposal of PUFs as a waste entity. The growing usage of PUF has led to a
need of framing a legislation governing the appropriate usage and disposal of the
matter so that the harmful effects and dangers of PUF can be adequately mitigated.
The legislation seeks to improve upon the current scene of affairs and reduce the
environmental pollution caused by PUFs.
Further, it seeks to address the larger issue of achieving sustainable development
which finds mention in the Constitution of India.
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The mission is to achieve suitable reduction in PUF waste ____% by the year 2020.
PURPOSE:
The purpose of the Act shall be to protect and sustain human health through
protection of the environment by:
a) reducing the generation of PUF at source;
b) promoting the segregation, reuse and recycling of PUF
c) disposal of PUF in an environmentally sound manner; and
d) effective functioning and coordination among implementing agencies
The purpose of this law is to provide the basic mechanism required for promoting the
reduction of the generation of used goods and by-products and the utilization of
recyclable resources and reusable parts, and thereby contribute to promotion of the
sound development of the state’s economy.
ABBREVIATIONS AND ACRONYMS
Ø BMW: Biomedical waste
Ø CPCB: Central Pollution Control Board
Ø CWTF: Common waste treatment facility
Ø EPA: Environmental Protection Agency
Ø FPW: Flexible Polyurethane Waste
Ø GEC: Gujarat Environment Commission
Ø HCW: Health care waste
Ø MSW: Municipal Solid Waste
Ø NGO: Nongovernmental organization
Ø PUF: Polyurethane Foam
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Ø SPCB: State Pollution Control Board
Ø RAD: Responsible Appliance Disposal
Ø WHO: World Health Organization
DEFINITION CLAUSE
In this Act, unless the context otherwise requires:
• Act means the PUF Waste Prevention and Management Act, 2012
• Environment means the physical factors of the surroundings of human beings
including the earth, soil, water, atmosphere, climate, sound, odors, tastes and
the biological factors of animals and plants of every description including the
complex web of interrelationships between the abiotic and biotic components
which sustain life on earth.
• Government means the Government of Gujarat
• Hazardous waste means a waste a) which because of its quantity,
concentration, persistence or physical, chemical or infectious characteristics
may cause or significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating reversible, illness, or pose a
substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise
managed.
• Implementing Agency means any government, non-government, private
entity or person that is empowered under this Act and those required by the
National Environment Commission to implement its provisions.
• Gujarat Environment Commission (GEC) means the Gujarat Environment
Commission, which is a proposed commission for the implementation of PUF
waste reduction.
• Person means any individual or legal entity or agency whether registered or
not registered under the Companies Act,
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• Recycling or recycled means the reprocessing of materials from waste to
usable new products.
• Segregation means the separation of waste into waste fragments according to
the management procedures required for environmentally sound
management.
• Waste is defined as any matter, whether solid, liquid, gaseous or radioactive,
which is discharged, emitted or deposited in the environment in such volume,
constituency or manner as to cause an alteration of the environment. Wastes
generated from commercial or industrial sources that are potentially
hazardous to humans or the environment require a higher level of control and
are called ‘prescribed wastes’ or ‘prescribed industrial wastes’.
• Waste Management means controlling the generation of wastes, minimizing
its quantities and adverse impacts through administrative, financial, legal,
planning and engineering functions of storage, collection, transfer and
transportation, treatment and disposal in a manner consistent with the best
principles of public health, economics, engineering, conservation, aesthetics
and other environmental considerations
Waste Management Hierarchy
The wastes hierarchy is an order of preference and states that waste should be
managed in accordance with the hierarchy, with avoidance being the most preferred
option and disposal being the least. This act is committed to reducing the amount of
waste generated in the state of Gujarat and uses the wastes hierarchy in conjunction
with the other environment protection principles in the environment protection Act
to achieve this aim.
BASIC POLICY
1. Appliance recycling typically entails recovery of refrigerant and removal of
hazardous components followed by shredding of evacuated appliances. Metal
components are typically separated and recycled, while glass, plastics and
polyurethane foam, are typically sent to a landfill. Because there are no legal
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requirements for foam recovery, the blowing agent contained in the foam
insulation is emitted during shredding and land filling—thus contributing to
ozone depletion and to global climate change.
2. Responsible Appliance Disposal(RAD) Program :
2.1 Establish a Responsible Appliance Disposal (RAD) Program which
would be a voluntary partnership program. (Similar to US
Environment Protection Agency’s Program).
2.2 Composition: RAD partners will include utilities, retailers, local
governments, manufacturers, universities, and other interested
organizations.
2.3 Functions of RAD Partners: Partners should recover polluting
chemicals from old and disposable appliances containing PUF. Using
best practices, RAD partners should ensure that: PUF Foam is
recovered and recycled, or the blowing agent (which contains foam) is
recovered and reclaimed.
3. For raw material suppliers: Leading raw materials suppliers of the
polyurethane industry must commit themselves to find economically viable
ways to reclaim discarded polyurethane-containing products and have
successfully recycled a variety of consumer products, including:
•Appliances
•Automobiles
•Bedding
•Carpet cushion
•Upholstered furniture
4. For industries and manufacturers:
4.1 In production of flexible polyurethane foam Methylene Chloride is used,
which poses health hazards. It is used in production facilities in many ways,
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including as an auxiliary blowing agent, as an equipment cleaner, and as a
mold release agent. Therefore use of methylene chloride should be prohibited
or regulated for the following applications, in molded and rebond foam
production:
• Equipment cleaning
• Mixhead flushing
• Mold release agents
For controlling harmful air pollutants, similar regulations as that of Environment
Protection Agency of USA, as mentioned below can be adopted:
a) The use of methylene chloride must be prohibited in various processes such
as:
i. Slabstock polyurethane foam production
ii. Molded polyurethane foam production: prohibit use of methylene chloride as
mold release agent or equipment cleaner.
iii. Rebond foam production: Prohibit use of methylene chloride as mold release
agent.
iv. Foam fabrication adhesive use: Prohibit use of methylene chloride adhesives.
4.2 Record-keeping: Records must be maintained related to quantitiy of PUF
used and stored and the use of raw materials. Each facility must keep records
demonstrating that products containing methylene chloride are not being
used for the said purposes.
4.3 Reporting Procedure: Compliance with regulations and guidelines must be
reported in fixed intervals to the prescribed authority.
4.4 Each facility must keep a compliance certification on file that states that no
methylene chloride is being used in equipment cleaners, mixhead flushing
agents, and mold release agents.
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5. For PUF exporters & importers: Export-Import: Such substances and materials
must be subject to the export notifications and subject to the import certification
requirements.
6. For Consumers:
6.1 Consumers must be aware of the product and its contents and must dispose
of products which contain polyurethane accordingly by giving them to
recycling plants or to collectors who collect such used products.
6.2 Any consumer shall not only make efforts to use the product as long as
possible, and promote the utilization of recyclable resources and reusable
parts, but also shall cooperate with the government, local authorities and
business entities in implementation of measures to achieve the purpose of
this Law.
7. Agencies responsible for collecting PUF waste for Recycling:
7.1 Establish Unions/ Licensed (regd.) organizations collecting PUFs for
recycling: To establish authority/authorities for collection on PUF waste
from every zone. These agencies could be governmental or non-
governmental.
7.2 The non-governmental organizations must be registered and this record
should be made available on the appropriate website of Gujarat Government
related to environment. This would enable the consumers to dispose off their
PUF waste in bulk at appropriate places and would prevent its disposal in
garbage.
7.3 The guideline requires establishments that dispose of appliances and other
PUF waste, to certify to the appropriate Regional Environment Office that
they have recovery or recycling equipment that meet standards for such
devices (i.e.,equipment must achieve 90% recovery efficiency when the
appliance compressor is operational, or 80% recovery efficiency when the
appliance compressor is not operational). This certification form must be
signed by the owner of the equipment or another responsible officer and sent
to the appropriate the designated Regional Office.
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7.4 The following table shows the available technologies/processes for recycling
which can be adopted by recycling agencies :
Process / Technology Suitable type of waste Resulting Product / Market acceptance
Incineration municipal solid waste (MSW, containing furniture and mattresses)
energy as heat and electricity
Gasification organic plastics waste mixed with separated Flexible Polyurethane Waste(FPW)
synthesis gas or reducing agent / application in refinery processes or as reducing agent in blast furnaces.
Rebonding of foam flocks 75
separated decontaminated FPW
rebonded foam / well-known product, the market for it is already saturated (130.000 t/a)
Powder milling 76 separated decontaminated FPW
PU-powder 50-70 μ / reuse in virgin foam possible.
GUJARAT ENVIRONMENT COMMISSION
The constitution of a commission by the name of GUJARAT ENVIRONMENT
COMMISSION is proposed for the proper implementation and administration of
PUF waste reduction and recycling.
AUTHORITY OF GUJARAT ENVIRONMENT COMMISSION
8. Authority of the Gujarat Environment Commission
The Gujarat Environment Commission shall be the regulatory authority for waste
prevention and management. GEC shall be responsible for coordinating and
overseeing the implementation of the Act and have the authority to:
a) The GEC, if it considers it necessary or expedient so to do for the purpose of
this Act, by order, constitute an authority or authorities by such name or
75At present trim foam is used for these industrial processes, untreated End of life –Flexible Polyurethane Waste is not applicable. 76 Ibid.
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names as may be required in the order for the purpose of exercising and
performing such of the powers and functions of GEC, such authority or
authorities may exercise and powers or perform the functions or take the
measures so mentioned in the order as if such authority or authorities had
been empowered by this Act to exercise those powers or perform those
functions or take such measures.
b) Issue directives that are binding on all persons and Implementing Agencies.
c) Establish standards and guidelines for the disposal of waste, including
segregation requirements of wastes at source.
d) Collect reports from Implementing Agencies and information about waste
generation, reduction, reuse, recycling, and disposal.
e) Conduct surveys and studies regarding environment impact and pollution
generated by PUF.
f) Prepare reports and provide advice to the Chief Minister, the State Assembly
and the public.
g) Issue environmental clearances as per the Environment Protection Act, 1986.
h) Monitor overall compliance by the Implementing Agencies under this Act.
POWERS AND DUTIES OF IMPLEMENTING AGENCIES
9. Powers and Duties of Implementing Agencies
a. All Implementing Agencies shall use their authority and powers to achieve the
purpose of this Act. This includes inspection, monitoring and enforcement of
implementation mechanisms.
b. To ensure coherent and effective implementation of the Act, all Implementing
Agencies shall issue regulations relating to waste management in their
respective areas of implementation in consultation and agreement with the
Gujarat Environment Commission.
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c. All Implementing Agencies shall collect information and maintain records of
waste generation and waste management activities within their areas of
responsibility. The implementing agencies shall provide this information to
the Gujarat Environment Commission periodically.
MECHANISMS FOR IMPLEMENTING AGENCIES
10. Mechanisms for Managing Waste
Implementing agencies may adopt mechanisms within the scope of their
authority, including but not limited to the mechanisms in this Chapter.
11. Administrative mechanisms
The Implementing Agencies may:
• Frame rules and regulations governing specific areas of implementation.
• Prepare and adopt waste management plans, including plans for private
businesses and industry to undertake reduction of PUF’s waste generation and
disposal, such as through mandatory segregation of waste.
• Frame procedures for the disposal of waste.
• Conduct inspection, search and seizure and enforce the provisions of this Act
and regulations.
FINANCIAL MECHANISMS
12. The Implementing Agencies in conformity with relevant laws may:
a. Distribute funds from waste management fees or other budgetary sources for
activities related to waste reduction, reuse, recycling, and disposal, including
payments to persons, agencies or civil society organizations for the collection,
recycling and disposal of waste in an environmentally sound manner.
b. Provide tax incentives for environmental services and/or manufacture of
environmentally friendly products.
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c. Provide grants or co-financing for civil society, public-private partnerships,
and private initiatives for waste management, including but not limited to
scrap dealers and recyclers.
d. Reduction in custom and other duties for the import of plants and
equipments for sound waste management and environmentally friendly
products resulting in minimal waste.
e. Increase in custom and other duties for the import of products which
generate large volumes of waste.
PHYSICAL MECHANISMS
13. The Implementing Agencies may establish facilities such as segregation and/or
transfer stations, where needed to optimize collection and management of waste.
14. Private sector involvement
The Implementing Agencies may enter into contracts or other forms of arrangements
with private parties to provide for waste reduction, reuse, recycling, disposal or other
forms of management.
15. Awareness and Outreach mechanisms
The Implementing Agencies shall:
a. Inform the public about the opportunities and obligations under this Act
through education, training, awareness and other public outreach programs.
b. Encourage persons to purchase or use products that are produced in whole or
in part from recycled materials.
c. Conduct advocacy programmes through all forms of media for educating the
public on waste reduction and sound waste management systems.
16. Research mechanisms
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a. The Implementing Agencies may conduct research activities on methods to
reduce waste generation, reuse, and recycling and provide for
environmentally sustainable waste disposal in the state
FINANCE COMMITTEE
17. Financing by the State of Gujarat
The State of Gujarat shall allocate sufficient funds to enable the Gujarat Environment
Commission and the Implementing Agencies to exercise and discharge their powers
and duties effectively under this legislation
18. Fees and Other Sources of Funding
All forms of fees, charges and fines collected pursuant to this legislation and its
regulations shall be ploughed back into waste management systems for effective
implementation of this Act.
ADVISORY COMMITTEE
19. The State Government of Gujarat shall constitute an Advisory Committee which
will include experts in the field of Polymers especially PUF’s and any other
related department or organization including non-governmental organization. As
and when required, the committee shall advise the State Government and the
prescribed authority. The advisory committee shall work under the supervision
of the Gujarat Environment Commission.
A State Advisory Board to be set up within the state consisting of the following:
(a) the Secretary, Department of Urban Development
- Chairman
(b) one expert from State Department of Environment
- Member
(c) one expert from State Pollution Control Board or Pollution Control Committee
- Member
(d) one expert from Rural Local Body - Member
(e) one expert from Non-Governmental Organisation
- Member
(f) one expert from the field of Industry (PUF) - Member and
(g) one expert from the field of academic - Member
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institution
This body shall be in charge of monitoring the implementation of these
Guidelines, and also evaluating the developments in the scenario and making
recommendations to the sub-Committee.
In the alternative, the following hierarchy can also be adopted in accordance with
the Municipal Solid Wastes (Management and Handling) Rules, 2000.
OFFENCES AND PENALTIES
20. Obligation of Compliance
All Persons shall comply with the obligations set forth in this Act and regulations
thereof.
a. Duty to report
A person shall report to the nearest local authority when he has the knowledge
of any person releasing PUF (in non permissible quantities) into the
environment in a manner other than the prescribed disposal procedures.
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b. General Liability
Offences and penalties not specifically covered under this Act shall be dealt
with according to the Indian Penal Code and any other applicable law in force.
21. Other applicable laws:
Criminal Laws and the Waste Management
There are two major criminal laws dealing with solid waste management—
(a) The Indian Penal Code, 1860; and (b) The Criminal Procedure Code, 1973.
PUF generates solid waste and hence can be brought within the purview of
The Indian Penal Code, 1860, The Criminal Procedure Code, 1973, and
Municipal Solid Wastes (Management and Handling) Rules, 2000 .
a. The Indian Penal Code and PUF
The Indian Penal Code of 1860 has dealt with solid waste management under
Chapter XIV ‘of offences affecting the public health, safety, convenience,
decency and morals’. Since, solid waste gives rise to various types of diseases
and is dangerous to public health; it has been treated as ‘public nuisance’ and
has been made punishable.
b. Provisions under the Criminal Procedure Code, 1973
Section 133 of the Criminal Procedure Code, 1973 deals with ‘removal of
nuisance’ and empowers the Sub-Divisional Magistrate or any executive
Magistrate, on receiving report/information, to make order to remove the
public nuisance and desist from carrying any trade, business which is causing
public nuisance.
22. Administrative Sanctions
a. The Implementing agencies shall have the authority to issue administrative
orders to persons in violation of the provisions of this Act or its regulations.
Such orders may specify what actions the violator must undertake to come
into compliance, set a deadline by which compliance must be undertaken,
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including immediate compliance and provide for administrative sanctions for
failure to comply with the order.
b. The Implementing Agencies shall also have the authority to assess and
determine administrative sanctions for any violation of the provisions of this
Act or its regulations. The administrative sanction may comprise one or more
of the following:
i. order to take mitigating, corrective or restorative measures as may be
deemed necessary to prevent further damage being caused to human
health and/or environment;
ii. reimbursement of any costs incurred by an authority because of the
offenders’ failure to take the notified measures in time;
iii. payment of compensatory costs for rectifying any damage to the
environment, persons or property caused by the offence;
iv. suspension or revocation of an environmental clearance, in part or in
whole;
v. Shut down any activity without compensation when an offence
continues after stop order.
23. Violation
Any person failing to report to the nearest local authority shall be guilty of an
offence of violation and shall be liable for fines in accordance with
Environment Protection Act, 1986 or any other legislation as the Government
of Gujarat may deem fit.
24. Penalty Assessment
In imposing administrative sanctions for violations relevant implementing
agencies shall consider:
a. The magnitude of the offence;
b. The frequency of the offence;
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c. Actual or potential impact on the environment and human health;
d. The culpability of the offender;
e. The extent of the achieved or intended economic advantage from the
offence;
f. The need to deter future violations of the provisions of this Act and
regulations by the same or other persons.
25. MISCELLANOUS
25.1 Reporting Requirements and Citizen Complaint Procedure
a. The Gujarat Environment Commission shall report periodically to the State
Government and the State Assembly on implementation and enforcement
of this Act.
b. Persons shall have the right to complain in written form to Gujarat
Environment Commission and relevant Implementing Agencies about
violations of the provisions of this Act and its regulations. The Gujarat
Environment Commission and implementing agencies shall have the
responsibility to investigate these complaints to the extent feasible and take
necessary action.
c. In order to achieve administrative efficiencies and to the extent practicable,
the Gujarat Environment Commission may combine its reporting duties
under this Act with any other reporting obligations it may have under any
other Act.
25.2 International Coordination and Agreements
a. The Gujarat Environment Commission and State Government shall be
consulted by any Implementing Agencies before entering into any
international agreements, contracts, obligations or other arrangements
relating to waste management.
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b. The Gujarat Environment Commission may enter into international
agreements relating to waste management with the prior approval of the State
Government.
25.3 Power to make rules and regulations
The Gujarat Environment Commission and Implementing Agencies may make
rules for carrying out the purposes of the Act.
25.4 Amendment
When necessary the Gujarat Environment Commission, either on the basis of
proposals from the implementing agencies or on its own initiative, shall submit a
report and proposals to the State Assembly for any amendment to the Act
25.5 Jurisdiction
A Court of law or any specialized court or tribunal which may be established by
the Government of Gujarat having jurisdiction shall hear cases arising under this
Act and implementing regulations.
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Article X. RUBBER TIRES AND TUBES
INTRODUCTION:
With increase in industrialization and liberalization of the Indian economy, the
number of middle class families owning at least one vehicle of sorts (be it a cycle,
scooter or a four wheeler), is only set to increase. A common part in these vehicles is
the tire, one of man’s most useful inventions. Most useful, but if the increasing
numbers are not managed it can be dangerous. About 80 million tires are a part of
the 33 million vehicles found on Indian roads (including two, three, four and six
wheelers) and pose a potential threat to the environment. 77
COMPONENTS IN A TIRE:
A tire is made of natural rubber (also called virgin rubber), Stirene-Butadiene
Rubber (SBR), Polybutadiene Rubber (PBR), Carbon black, Nylon tire cord, rubber
chemicals, steel tire cord and Butyl rubber.
CAUSES OF POLLUTION:
Tires, in use themselves, do not cause any pollution or degradation to the
environment. It is only when used tires are thrown out that a problem may arise.
With increase in the number of vehicles, there has been increased demand for tires
both as original equipment and as replacement parts. In addition to increase in
number of automobiles, the kilometre coverage by the vehicles is also increasing with
the change in living style & attitude of people.78 As a result, the number of discarded
tires is set to increase phenomenally. In the USA alone, there are more than two
billion used tires, which if stacked one over the other would reach half way to the
moon! Old tires are a massive problem because79:
Tires take hundreds of years to decompose, so burying them does not help and the
porosity of the soil is compromised, which affects plant growth. 77 Nimesh Sharma, Tire Recycling: The New Business On The Block, <http://www.dare.co.in/ opportunities/manufacturing/tire-recycling-the-new-business-on-the-block.htm> 31 March 2010. 78 TIFAC, Govt. of India, <http://www.tifac.org.in/index.php?option=com_content&view =article&id=67 6&Itemid=205> 79 Scott Foresman, Tire Trouble, <http://fen.com/studentactivities/sbgs/readingClub /pollution_solution/tire_ trouble.html>
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Prone to heat retention, tires sometimes catch fire and can burn uncontrollably,
sending toxic smoke into the air. The Hagersville fire in USA continued for seventeen
days causing environmental pollution and put a financial burden on public
exchequer.
Tires that are buried in garbage dumps can trap poisonous gases that would
otherwise escape into the air. When the gases trapped by tires escape all at once, they
can be dangerous for anyone nearby.
The rain-water collected in improperly stored tires become breeding habitat for
disease carrying mosquitoes, pose a health hazard.
WAYS TO REDUCE, REUSE AND RECYCLE:
Now that the threat possessed by used tires has been established, it is pertinent that
comprehensive steps are employed to curtail the pollution caused by these tires and
hence, the 3 Rs- Reduce, Reuse and Recycle- become vital in decreasing this
environmental hazard. India already has a budding tire recycling industry. The most
effective ways of reuse/recycling of old tires are:
Rubber Crumb - Rubber is also used to modify plastics in addition of rubber
increases toughness, impact strength but reduces tensile strength of plastics.
Polyurethane and tire granules have been used for laying sports surfaces. The sport
surface can be made from factory made tiles or can be applied in situation using the
wet lay method. The other minor uses of crumb as plastic modifier include porous
hoses, soles of boots, exercise mats, paving stones etc. Tire crumb is also used for
carpet underlie soil treatment, to prepare safe play fields, to manufacture mattresses
for use in cow sheds etc. Crumb is being used as compounding ingredient in rubber
since long. The recycled rubber is also used as sound insulator, vibration absorber
floor mats, belts, gaskets, shoe soles, dock bumpers, seals, muffler hangers, shims,
and washers.80
80 The most promising field of utilization of scrap tires is use of tire crumb as asphalt modifier. 8-15% of crumb can be used for construction and maintenance of roads. It improves visco-elastic properties of bituminous mixes. Various advantages include improved skid resistance, better crack reflection control increased flexibility, toughness, tenacity of road surface, reduced noise level of traffic, improved performance under extreme temperature conditions etc. much work has been done in the
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Reclaimed Rubber in Vehicles:
Automotive Industry - Crumb (three to five percent) and Reclaimed rubber (up to ten
percent) is particularly used in automobile tires. However, since the volume of tires is
very high, the quantity of these rubbers used also goes up. New tire industry uses
approximately 58 percent of the natural rubber of India, including imports of more
than 80000 tonnes (according to ATMA figures).
In tire carcasses in substantial volume and other automotive parts
Molded products – These include mats, hose pipes, conveyor belts, v-belts, footwear,
tiles, adhesives, sound dampers, rubber sheets, battery containers and other rubber
molded goods
Footwear industry - Shoe soles.
Cement Industry - "This is the most perverse use of old tires causing only pollution",
says Dr. Chakravarty. However, in some countries, respective cement industries have
developed technology where the tire is burnt at a temperature that destroys most
toxic emissions, the exhaust is scrubbed and filtered and little escapes the cement
kiln. The usage of tires for burning in cement kilns in India is up to 20000 tonnes per
year, according to Imbrose, a small tire trader.
Retreading – Retreading of tire is being practiced to extend the life of a tire by
replacing worn tread of the used tire. The tire is to be scraped only if it is not suitable
for retreading. Retreading saves material energy and reduces tires to be disposed off
in waste stream. Hot cap process is conventional method and the cold method
(procured process) is the two methods being practiced for retreading of tires.81 Tires
in India are retreaded as much as three to six times. One thing to note here is that it’s
the truck tires that are retreaded, and not the car tires. There are 100-odd firms
engaged in tire retreading in India with prominent names being MRF, Apollo, ELGI,
Midas and Indag.
field in US, Canada, France, Belgium Australia. In India the use of crumb as asphalt modifier is in experimental stage. 81 As name implies, in the ‘hot’ method un-vulcanized rubber strip also known as Camel-Back is applied on the buffed surface using natural rubber gum film and vulcanized in an autoclave. In the ‘cold’ method a procured strip of tread rubber is used and a thin strip of un-vulcanized rubber is used as boding agent between procured strip and buffed tire surface and cured in a mould at low temperature. Supra n. 2.
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Whole tires are used as highway crash barriers, furniture, boat bumpers on marine
docks, etc but it is a negligible amount.
Land filling or burning tires for energy has limited prospects as environmental
authorities are acknowledging the need for its greener alternatives. On the other
hand, mass-market end products like continuous rolls of cost-effective recycled
rubber used for noise insulation now complete the 'big picture' for investors to
consider recycling tires commercially.
BEST PRACTICES FOLLOWED IN DIFFERENT COUNTRIES
UNITED STATES-
In the US, the foremost agencies that deal with scrap tire reuse and reduce are the
Environmental Protection Agency (EPA) and the Federal Highway Administration
(FHWA). These are aided by various state agencies, the tire industry and the
academia that constitute Workgroups. While most states have separate and specific
law relating to controlling of tire waste, the typical features include:
- Funding via taxes or fees on automobiles or tires.
- Market development activities.
- Licensing or registration requirements for scrap tire haulers, processors and
some end users.
- Manifests for scrap tire shipments.
- Requirements regarding who may handle scrap tires.
- Financial assurance requirements for scrap tire handlers, storage facilities, and
disposers.
Tire pile clean-up.
Local municipalities help educate the public about illegal dumping and enforce anti-
tire dumping laws. Local agencies are also usually responsible for tire pile cleanup.
Some local jurisdictions encourage proper disposal by allowing local citizens to drop
off limited numbers of tires at recycling centers, or conduct tire amnesty days where
any local citizen can bring a limited number of tires to a drop-off site free of charge.
State scrap tire programs may provide financial help to fund such events.
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Some of the outstanding features of state laws in the USA include:
New York- The governing body responsible for enforcing tire recycling laws in New
York is the New York State Department of Environmental Conservation (NYSDEC).
The Waste Tire Management and Recycling Act of 2003 lays down several provisions
regarding tire recycling. It established a fee of $2.50 that must be paid on every new
tire in the state. It enforced mandatory acceptance by garages and recyclers of used
tires from customers. Plans to abolish any non-compliant waste tire stockpiles were
brought into effect. The act also made it illegal for any funds of the NYSDEC to be
used to send tires to landfill, unless there is no reasonable alternative.
California- CalRecycle or The California Department of Resources, Recycling and
Recovery, is the body in charge of dealing with California's 44 million waste tires
every year. To do this, they have the California Tire Recycling Act in 1989, which was
extended in powers by the Senate Bill (SB) 876. The act established a grant program
whereby people and businesses that developed and implemented ideas to
environmentally reduce the number of tires going to landfill could receive a sum on
money to help get them started. The amount that they are entitled to depends greatly
on the number of tires their methods will deal with a year. It also required all tires to
be registered so that they can be tracked on their disposal. Those found to be
disposing of tires in a non-environmentally friendly way can face severe fines.
Florida- The Florida Solid Waste rule, 62-701.200 is the governing piece of
legislation that decides how waste tires in Florida are to be dealt with. It requires that
any company transporting more than 25 tires over public roads must register their
load and their company. There is also an application needed for a new company to be
licensed to deal in recycled and waste tires. The license must be renewed once a year
and any breach of the rules is cause for refusal. The main rule for waste tire
management in Florida is that no fire can be used, to simply burn them. This is
punishable by severe fines and criminal proceedings. Every business must have a fire
safety inspection carried out once every year.
EUROPEAN UNION-
The EU has toughened its stance towards environmental hazards posed by scrap
tires. As part of this, the EU has enacted legislations that ban whole scrap tires from
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being land filled from 2003 onwards and shredded tires from being land filled from
2006 onwards. Another directive concerning end-of-life vehicles stipulates that
automotive manufacturers must ensure that 80% of the vehicle (by weight) must be
recoverable and recyclable by 2006 and 95% by 2015. This means that automotive
and tire manufacturers must ensure that tires can be recycled easily. Further, cement
kilns that employ waste incineration processes and are unable to engineer their
processes to meet revised emission standards will be decommissioned and they are
also barred from using tires as secondary fuel from 2008 onwards.
UNITED KINGDOM-
The UK has initiated steps towards formal establishment of regulations that will
govern the industry. However, the government prefers a voluntary approach for
scrap tire recycling from all participants to a statutory approach, as it believes that
the former will be more effective. As per the latest proposals issued by the
Department of Trade and Industry (DTI), tire manufacturers and importers are to be
responsible for the management of scrap tires. Accordingly, members of the Tyre
Industry Council (TIC), has formed the Tyre Recovery Association with the support
of tire manufacturers. Many collectors and tire recyclers have joined the
organization. The organization is in the process of introducing the necessary
standards to meet the regulations concerning scrap tire recycling as well as
increasing the economic viability of the industry.
The Environment Agency has launched the Tyre Watch program to reduce illegal
disposal and increase tire recycling rates. The British Parliament also passed laws
banning tires from being accepted in landfills. Accordingly, whole scrap tires are
banned from landfills from July 2003. Shredded tires are banned from hazardous
landfills from July 2004 and non-hazardous and inert sites from July 2006. The UK
government has prescribed severe fines and punishment for violation of any of these
rules. No particular legislation exists in the UK to boost demand from end-markets of
scrap tires. Recycling rates are expected to receive a boost following the necessity to
comply with the EU directives and the establishment of a formal industry structure.
JAPAN-
Japan is one of the foremost recyclers in the world. Recycling is given utmost
importance in Japan since land is at a premium and as such there is no space
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available for landfills. As a result, scrap tire recycling rates in Japan are higher than
any other developed country, and usually average between 85-90%.
Japan has no specific laws regarding scrap tire recycling. The issue has always been
dealt as part of solid waste recycling. Furthermore, Japan has a long-running co-
operative program that co-opts tire manufacturers, government agencies and other
industry players for scrap tire recycling. In addition, there are no specific regulations
governing emissions from burning scrap tires. The emissions are expected to meet
the broader emission regulations issued from time to time.
The Japanese End-of-Life Vehicle Recycling Law targets a 90% recycling rate of tires
on end-of-life vehicles by 2005. This would give a further impetus to tire recycling.
The recycling rates are expected to improve further as Japan tightens its regulation
and tries to improve consumption from end-markets.82
TIRE DISPOSAL AND RECYCLING – LEGAL GUIDELINES
Preamble-
These guidelines aim to reduce the environmental nuisances caused by improper tire
disposal while promoting waste tire recycling.
1. Definition: in these guidelines, unless the context requires,
Tire- means and includes a rubber covering, inflated or surrounding an inflated inner
tube, placed around a wheel to form a soft contact with the road. The substance used to
make the rubber includes, and is not limited to only- natural rubber (also called virgin
rubber), Stirene-Butadiene Rubber (SBR), Polybutadiene Rubber (PBR), Carbon
black, Nylon tire cord, rubber chemicals, steel tire cord and Butyl rubber or any mixture
of such or similar compounds.
Vehicle- includes any transportation that requires the use of tires, including but not
limited to bicycles, two-wheelers, three-wheelers, four wheelers, six-wheelers, traction
trucks and air crafts. 82 Tire Recycling Industry- A Global View, <http://www.irevna.com/pdf/Industry%20report.pdf> p. 68
183
Used tires- the expression includes old, used and/ or scrap tires that are not suited for
use in vehicles any longer.
State- includes the State of Gujarat and all its geographical boundaries.
2. Prescribed Authority – The prescribed authority for enforcement of the
provisions of these guidelines related to manufacture and recycling shall be the Gujarat
Pollution Control Board (GPCB) in respect of the State.
3. There shall be a complete ban on land-filling and burial of old/ used tires or any
unauthorized dumping of such scrap tires through out the State, effective from the date
of publication of these guidelines in the Official Gazette.
4. Collecting Authorities:
a) The District Collector’s Office in each district will be responsible for the prevention
of unauthorized burial and land-filling by used tires. They shall be aided by the
Municipal Authorities, Town Area Committees, Cantonment Boards of Notified Areas
or Local Councils of Villages.
b) Each Municipal Authority/ Cant. Board/Town Area Comm. / Village Council
shall make a survey of the manufacturers and dealers of tires under its jurisdiction and
maintain an up-to-date register of such manufacturers/ dealers in a register.
c) Each manufacturer (in case of retail selling) and/ or dealer shall ask the customer to
return the old/used/scrap tire before a new tire is sold. In case a customer refuses or is
unable to do so, he shall have to cite reasons in writing and with supporting documents
to be submitted with the dealer/ manufacturer.
d) No tire shall be sold if the provisions of sub-section (c) have not been complied with.
e) Within the 10th day of every month following the coming to effect of these Guidelines,
each and every manufacturer and/ or dealer shall submit the used/scrap/old tires at
the office of the Municipal Authority or other authorities mentioned in sub-sec (a)
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within whose jurisdiction it has its business. The manufacturers and dealers shall also
submit the documents citing reasons by the customer for being unable/ refusing to
deposit the used tire.
f) The Municipal Authorities/ Local authorities shall have a scrap yard wherein such
deposit of used tires shall be made as per sub-section (e). The location of this yard shall
be made known to all inhabitants of the locality; especially the manufacturers and
dealers within 30 days of the coming to effect of these Guidelines and the Officer-of-
Tires shall overlook the said depositions.
5. Penalty-
i) In case the manufacturer/ dealer fails to submit the documents within 10th day of
each month and/ or there is disparity in the number of tires in the documentation and
the deposition actually made, the Officer-for-Tires shall have the following powers:
a) in case of violation, in the first instance, a late fee of Rs. 15 per tire per day shall be
implemented.
b) in case of violation, in the second instance, a penalty of Rs. 5000 shall be
implemented. He shall have the power to issue a show cause notice and shall also
inform the Municipal Officer at the district level about the said violations.
ii) In case of violation, in the third instance, the manufacturer/ dealer’s licence to do
business shall be suspended while the Gujarat Pollution Control Board investigates the
matter.
6. Appointment of Municipal Officer and Committee-
a) The GPCB shall appoint an 8 member sub-Committee from within its members to
oversee and facilitate the functioning of these guidelines.
b) The sub-committee will be in charge of appointing a Municipal Officer/ Panchayat
Officer-in-charge of Tires in each district who shall work from the office of the
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District Collector and shall have to submit a report to the sub-Committee once in every
60 days with regard to the progress and implementation of the Act.
c) Each member of the Committee shall be in charge of three districts and they shall
from amongst themselves elect a Chairman who shall be responsible for four districts.
d) Such Officers will be in charge of implementing these guidelines at the local level.
e) Such Officers shall have a term of 5 years subject to renewal and shall draw as
remuneration the same amount as a Grade B government employee.
f) The officer in each district shall have under them at least 5 employees from each
Municipal Authority to ensure proper facilitation of the law and these shall be
appointed from the rooster of the said Municipality. The senior-most amongst these
employees shall be designated as the sub-Officer-of-Tires.
g) Disqualifications- The GPCB shall have power to remove from the sub-Committee
any member who, in its opinion, has83 –
been adjudged as an insolvent; or
been convicted of an offence which involves moral turpitude; or
become physically or mentally incapable of acting as a member; or
so abused his position as to render his continuance in office detrimental to the public
interest; or
acquired such financial or other interest as is likely to affect prejudicially his functions
as a member.
These shall apply to Officers of Tires at the Municipality level as well.
83 Similar provisions are found under The Biological Diversity Act, 2002.
186
7. Meetings of the Committee- The sub-committee shall meet once in every two
months to deliberate on the report of the Officers and take decisions pertaining to
violations and/ or any other disputes arising out of implementation of the guidelines.
The quorum for such meetings is 5 members, and each member has to account for
absence from a meeting. The date of the next meeting shall also be fixed during the
previous meeting.
Failure to turn up in three consecutive meetings, without prior intimation, shall entail
in disqualification and subsequent enquiry by the GPCB.
8. Recycling and Reuse- The sub-Committee shall, once in every 3 months,
organize public bidding among pre-registered recycling business entities in each
designated storage site in local municipalities to make arrangements for the scrap and
used/ old tires to be transferred to such entities that shall make use of the tires in any
alternate means, like:
i) Tire Crumb and Molded products industries, as sound insulators, vibration
absorber floor mats, belts, gaskets, shoe soles, dock bumpers, seals, muffler hangers,
shims, and washers.
ii) Footwear industry, as shoe soles.
iii) Retreading.
iv) Whole tires used as highway crash barriers, furniture, boat bumpers on
marine docks, etc.
v) Fuel for cement kiln and boilers.84
84 As used in Japan, by controlled pyrolysis in plants connected to cement kilns so no energy is emitted. TIFAC, Govt. of India, <http://www.tifac.org.in/index.php?option=com_content&view =article&id=67 6&Itemid=205>
187
It is to be noted that none of the alternate methods should include incineration/
pyrolysis of the tire unless specifically permitted by the GPCB and in such situation;
care should be taken to see that no environmental degradation is caused.
9) There shall be an express ban on the burning of tires in open air or in any form
other than in controlled conditions and by prior permission of the GPCB. Any breach
will be penalized, and perpetrators will be subjected to imprisonment after being
booked under the Indian Penal Code.
10. a) Companies mentioned in Section 8 shall have to seek registration with the
GPCB at least 60 days in advance to be eligible to apply for the bidding. The GPCB
shall also undertake due assessment of the company’s premises and facilities in
complying with its duties under the prevailing Environmental legislations in the
country before submitting its recommendations with the sub-Committee. Such
recommendations shall be binding on the sub-Committee.
b) The registered companies shall be given a license which must be renewed once a year
and any breach of the rules is cause for refusal/ revocation. The GPCB shall make
mandatory recommendations, especially regarding fire safety in the premises of the
concerned businesses.
11. Tire Recycling Fund85- Every new tire sold within the State after the coming
to effect of these Guidelines shall be taxed an additional 2% of its Maximum Retail
Price which shall be directed to the Tire Recycling Fund that shall be set up for the
following purposes:
i) Encouraging use of recycled tire and its products amongst citizens;
ii) Promoting awareness amongst citizens for safe disposal of tires and other solid
wastes;
85 Practiced in almost all states of USA, and to be started in the European Union.
188
iii) Clearing off current landfills comprising of scrap tires;
iv) Conducting free collection days for disposal of tires from domestic consumers and
individuals in the locality.
This fund shall be controlled by State Financial Department which shall redirect it to
the sub-Committee of the GPCB on submission of its proposed budget and plan of
action for the next fiscal year, and it shall be revised every year.
12. Grant Program- A tire recycle and reuse grant program shall be established and
funded by the State Government whereby people and businesses that develop and
implement ideas to environmentally reduce the number of tires going to landfill could
receive a sum on money to help get them started. The amount that they are entitled to
will depend great on the number of tires their methods will deal with a year.
13. Miscellaneous- Apart from the above guidelines, certain other aspects have been
described below that shall be discretionary subject to availability of adequate resources:
a) Each new tire manufactured or entering into the State in bulk86, after the coming to
effect of these Guidelines should be given a unique registration number to track its
subsequent movement and trace its recycling.87
b) Encourage extensive research for the use of tire crumb as asphalt modifier in the
State.88
c) Educate people about taking care of tyres by:
i) Optimum inflation, loading of tyres.
86 In bulk- includes any vehicle carrying more than 25 tires in its cargo. 87 A practice followed extensively in USA and several countries of Europe. 88 This has been successfully done in US, Canada, France, Belgium Australia for construction and maintenance of roads. It improves visco-elastic properties of bituminous mixes. Various advantages include improved skid resistance, better crack reflection control increased flexibility, toughness, tenacity of road surface, reduced noise level of traffic, improved performance under extreme temperature conditions etc.
189
ii) Proper suspension & alignment of vehicle.
iii) Retreading of old tyres before its tread wears out beyond limit and renders it to
be scrapped.
d) A State Advisory Board to be set up within the state consisting of the following89:
(a) the Secretary, Department of Urban Development - Chairman (b) one expert from State Department of Environment
- Member
(c) one expert from State Pollution Control Board or Pollution Control Committee
- Member
(d) one expert from Rural Local Body - Member
(e) one expert from Non-Governmental Organisation - Member (f) one expert from the field of Industry (Tires) - Member
(g) one expert from the field of academic institution - Member
This body shall be in charge of monitoring the implementation of these Guidelines, and
also evaluating the developments in the scenario and making recommendations to the
sub-Committee.
e) Business entities which sell tires shall pay the local municipality a designated amount
as recycling fees. This fee shall depend on the nature of the tires manufactured (the
quality of the tires, i.e., the rubber, whether they are radial or normal, etc), the amount
manufactured, and the cost incurred to recycle them. This amount shall be notified by
the State Financial Department at the beginning of every fiscal year, and may vary
from year to year. Non-compliance with the payment of fees shall lead to the imposition
of strict penalty on the defaulting businesses.
In cases where a manufacturer wants to recycle their own products, they can collect the
tires themselves and can recycle the same and use it. In such cases, recycling fees need
not be paid to the municipality, provided appropriate records are maintained to show
that the said wastes have been collected and recycled.
89 A similar set up exists under the Plastic Waste (Management and Handling) Rules, 2011.
190
f) State Government should encourage the tires recycling industry by means of subsidy
and other economic benefits so as to promote the industry.
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Article XI. CERAMIC WASTE
CERAMIC INDUSTRY
Ceramics also known as fire clay is an inorganic, non-metallic solid article, which is
produced by the art or technique of heat and subsequent cooling. Ceramics is a
diverse industry and contains several categories of products, including sanitary ware,
cement, advanced ceramics and ceramic tiles. Ceramic products like crockery,
sanitary ware, tiles etc play a very important role in our daily life. This is because,
apart from their decorative look, ceramic products are primarily hygiene products.
Sanitary ware
Sanitary ware, including tiles removed intact from demolished buildings, can also be
re-used as is, provided they are not chipped or cracked. However, sanitary ware is
both fragile and brittle and easily damaged even during normal use. Items that are
cracked, chipped or otherwise damaged are hygienically undesirable. It would
therefore be advisable to crush such items and use them as construction infill or as
filler in concrete. Experiments described in the next section confirm the pozzolanic
value of such crushed and powdered sanitary ware, which is a desirable property in
concrete mixes.
ENVIRONMENTAL ISSUES & POLICY RECOMMENDATIONS
The Gujarat Government has to address the following Environmental issues
associated with ceramic tile and sanitary ware manufacturing are:
- Emissions to air
- Wastewater
- Solid waste90
Therefore, we can for Ceramic waste make 3 departments based on the types of
waste:
- Air Emission Department 90 These Guidelines have been discussed with complete Reference to: Environmental, Health, and Safety Guidelines CERAMIC TILE AND SANITARY WARE MANUFACTURING, Given by IFC.
192
- Waste Water Department
- Solid Waste Department
Hence the Manufacturer’s and Factory owners should be conveyed the following
ways to reduce the wastage, bring out the best from the guidelines. These are the
guidelines which would help them to reduce and at some places recycle the waste
generated.
AIR EMISSION DEPARTMENT:
This Department will have personnel for controlling the Air Emission from Ceramic
and Sanitary industry.91
The following are the types of waste and the techniques for reduction of those waste
matter.
Particulate Matter:
The main sources of particulate matter emissions include the handling of raw
materials (e.g. screening, mixing, weighing, and transporting/conveying); dry
grinding / milling ( less common than wet milling); drying (e.g. spray drying); glaze-
spraying processes (e.g. for both tiles and sanitary ware production); ware decorating
and firing; and fired ware finishing operations.
Prevention and control techniques to reduce fugitive particulate matter emissions
include the following:
The department personnel should supervise that the following are adopted by the
industries:
- Segregation of storage areas from other operational areas;
- Use of enclosed silos to store bulk powder materials;
- Use of wind protection, barriers for wind protection (e.g. either artificial
barriers or vertical greenery, such as densely growing trees and shrubs) if raw
material is stored in open piles;
- Enclosed dry raw material transportation systems (e.g. conveyors, enclosed
screw feeders, and feed pocket enclosures);
91 Annexure I
193
- Dust extraction equipment and bag house filters, particularly for dry materials
loading and unloading points, and where products are cut / ground and
polished;92
- Reduced air leakage and spillage points through maintenance activities;
- Maintaining negative pressure in closed systems used for material handling,
and dedust air from suction;
- Use of wet dust separators to treat emissions from spray drying and glazing
processes in fine ceramic manufacturing. Sintered lamellar filters may also be
used to separate wet dust from spray glazing and to clean off-gas from the
spraying cabins. These filters have a high resistance to abrasion and enable
collection efficiencies of up to 99.99 percent.
Sulphur Oxides
The emission of SO2 in ceramic kiln exhaust gases depends on the sulphur content of
the fuel and certain raw materials (e.g. gypsum, pyrite, and other sulphur
compounds). The presence of carbonates in raw materials may, however, prevent the
formation of sulphur emissions because of their reaction with SO2.
Pollution prevention and control techniques for the reduction of SO2 emissions
include:
The department personnel should supervise that the following are adopted by the
industries:
- Use of fuels with a low sulfur content, such as natural gas or liquefied
petroleum gas (LPG);
- Use of low-sulfur raw material and low-sulfur body additives to reduce sulfur
levels in processed materials;
- Optimizing the heating process and firing temperature, reducing the latter to
the lowest temperature range (e.g. upto 400°C);
- Use of dry or wet scrubbers. If dry sorption cannot produce sufficient clean-gas
concentration, implement the use of wet scrubbers (e.g. reactive scrubbers or
92 The use of baghouse filters is frequent in the ceramics industry and is especially important if dust contains significant levels of metals. The filters can
be used in silo dedusting, dry raw material preparation and handling, spray drying, and dry grinding or shaping. Corrosion control necessitates the maintenance of appropriate temperatures. These filters enable collection efficiencies of up to 95 percent.
194
quench reactors) by adding basic reactive chemicals (e.g. calcium- and sodium-
based chemicals) dissolved into wash water (wet abatement).
Nitrogen Oxides
The main sources of NOX are the generation of thermal NOX caused by high firing
temperatures (>1,200°C) in the kiln, the
nitrogen content in the raw materials, and the oxidation of nitrogen contained in
fuels.
Recommended measures for the reduction of NOX emissions include the following:
The department personnel should supervise that the following are adopted by the
industries:
- Optimizing peak flame temperatures in the kiln, and use of computerized
control of kiln firing;
- Reducing the nitrogen content in raw materials and additives;
- Use of low NOx burners.
- Greenhouse Gas Emissions
- Greenhouse gas (GHG) emissions, especially CO2, are mainly associated with
the use of energy in the kiln and spray dryer.
The following measures may be used to reduce energy consumption in this sector:
The department personnel should supervise that the following are adopted by the
industries:
- Replace inefficient kilns (e.g. down-draft kilns), and install new, adequately
sized tunnel or shuttle kilns or fast-firing kilns (e.g. roller hearth kilns). In the
sanitary ware industry, consider installing roller hearth kilns, especially if a
reduced number of patterns is produced;
- Substitute heavy fuel oil and solid fuels with clean fuels (e.g. natural gas or
LPG);
- Improve kiln sealing to reduce heat losses arising from excessive air flow (e.g.
metal casing and sand or water seals in tunnel kilns and intermittent kilns);
- Improve thermal insulation of kilns to reduce heat loss;
195
- Use low thermal mass insulation in intermittently fired kilns;
- Use low thermal mass kiln93 cars to improve overall efficiency (e.g. using
materials such as cordierite-mullite, sillimanite, and recrystallized silicon
carbide), as well as minimize other parasitic loads;
- Use high-velocity burners to obtain a higher combustionefficiency and heat
transfer;
- Optimize peak flame temperatures in the kiln, and install computerized control
of kiln firing;
- Optimize dried-material transfer between the dryer and kiln, and where
possible, use the preheating zone of the kiln for completing the drying process
(to avoid unnecessary cooling of the dried ware before the firing process);
- Recover excess heat from the kiln, especially from the cooling zone, for heating
dryers and pre drying products;
- Recover heat from kiln exhaust gas to preheat combustion air.
Chlorides and Fluorides
Chlorides and fluorides are pollutants found in waste gases from ceramic kilns, and
are generated from impurities in clay materials. The use of additives and water
containing chloride during the preparation of the raw materials may generate
hydrochloric acid (HCl) emissions. Hydrofluoric acid (HF) may be generated by the
decomposition of clay fluorosilicates.
Recommended measures to prevent and control emissions of chloride and fluoride
include the following:
The department personnel should supervise that the following are adopted by the
industries:
- Use low-fluorine raw material and additives, which can be used to dilute
emissions in the processed material;
93 Low thermal mass kiln cars allow significant fuel savings in tunnel kiln furnaces and increase throughput by increasing the space available for wares.
They also permit closer adherence to the preferred heating and cooling temperature profiles and minimize thermal shock to the products.
196
- Use dry scrubbers. Both HF and HCl can be controlled using basic absorbents,
including sodium bicarbonate(NaHCO3), calcium hydroxide [Ca(OH)2], and
lime, in dry or wet conditions.
Metals
The heavy metal content of most ceramic raw materials is generally low and of
limited concern, with the exception of some ceramic pigments glaze materials.
In order to reduce metal emissions:
The department personnel should supervise that the following are adopted by the
industries:
- Use commonly available glazes that do not contain lead or other toxic metals.
Chromium-based pigments and colorants that contain antimony, barium,
cobalt, lead, lithium, manganese, or vanadium should be avoided;
- Use colored compounds (e.g. stain-containing pigments) which are stable at
high temperatures and generally inert in silicate systems. The risk of metal
volatility with this type of glaze can be further reduced with short firing cycles;
- Use high-efficiency dust-abatement techniques (e.g. fabric filters).
WASTEWATER DEPARTMENT94
This Department will have personnel for controlling the Air Emission from Ceramic
and Sanitary industry.
The following are the types of waste and the techniques for reduction of those waste
matter.
Sector-specific measures to prevent and minimize the generation of wastewater
include the following:
The department personnel should supervise that the following are adopted by the
industries:
- Use dry off-gas cleaning systems instead of wet off-gas cleaning systems;
- Where practical, install waste glaze collection systems; 94 Annexure II
197
- Install slip conveying piping systems;
- Separate process-wastewater streams from other process steps, and implement
closed-circuit water reuse systems;
Process Wastewater Treatment
Techniques for treating industrial process wastewater in this sector include flow and
load equalization with pH adjustment; sedimentation for suspended solids reduction
using settling basins or clarifiers; multimedia filtration for reduction in nonsettleable
suspended solids; dewatering and disposal of residuals in landfills, or if hazardous in
designated hazardous waste disposal sites. Additional engineering controls may be
required for advanced metals removal using membrane filtration or other
physical/chemical treatment technologies.
SOLID WASTES DEPARTMENT95
Recommendations for solid waste management include the following:
The department personnel should supervise that the following are adopted by the
industries:
Reduce waste production through process enhancements such as :
• Replacing slip casting in plaster molds with pressure slip casting units
(isostatic presses) with polymer molds;
• Increasing the lifespan of plaster molds (e.g. using harder plaster molds
obtained through use of automatic plaster mixers or vacuum plaster mixers);
• Installing electronic controls for the firing curve (to optimize the process and
reduce the amount of broken ware);
• Installing spray booths that allow reclaiming of excess glaze;
Reduce waste generation by recycling and internal reuse of cuttings, broken ware,
used plaster molds, and other by products, including sludge through the following
techniques:
95 Annexure III
198
• Recycle sludge into the ceramic molds, particularly in facilities where wet
milling is implemented in raw material preparation;
• Reuse sludge from fine ceramic and sanitary ware manufacturing as a raw
material or additive in the manufacture of bricks or expanded clay aggregates;
• Recycle, as raw material, dust collected in abatement systems and through
different process activities, in addition to cuttings and other process losses;
ENVIRONMENTAL MONITORING DEPARTMENT OF CERAMIC AND SANITARY WASTE96
• The State Authorities Should set up Environmental monitoring programs for
this sector, it should be implemented to address all activities that have been
identified to have potentially significant impacts on the environment, during
normal operations and upset conditions.
• Environmental monitoring activities should be based on direct or indirect
indicators of emissions, effluents, and resource use applicable to the particular
project. The State Should set up this Monitoring department, and the
frequency should be sufficient to provide representative data for the
parameter being monitored.
• Monitoring should be conducted by trained individuals following monitoring
and record-keeping procedures and using properly calibrated and maintained
equipment.
• Monitoring data should be analyzed and reviewed at regular intervals and
compared with the operating standards so that any necessary corrective
actions can be taken. Additional guidance on applicable sampling and
analytical methods for emissions and effluents is provided in these guidelines.
• Also the state monitor that, the waste generated from ceramic industry can be
utilized somewhere by the construction industry, as for the land filling before
construction.
96 Annexure IV
199
• The monitoring department can encourage this industry and use ecodesign
strategy such as selection of low impact materials, reduction of the material
use, selection of environmentally sound protection techniques, optimizing
packaging and distribution, reduction of the environmental impact during the
use phase and optimizing the end-of-life systems.
Assessment for Future System
To establish a proper Ceramic and Sanitary waste management system in Gujarat,
the aspects of sustainability should be met. For each aspect, direction toward the
solution will be given, which is considered as the ideal condition. The following are
the standard of ideal condition for each aspect to be used to propose the possible
solution:
• Policy/Political:
Strong Political Weight and law enforcement on environmental issues, helps
in increasing the effectiveness of the frames policies and also helps in
formulating effective policy.
• Financial:
For proper waste management; collection/sorting/recycling of there should be
proper financing.
• Institutional:
Identification of various institution that will support the Government and help
the government implementation by keeping a check on the industries.
• Technical:
There should be introduction and research of proper suitable technology in
this sector , which are in equity to financial, environmental and Human
Resource Aspect.
• Social and Cultural:
200
To promote public awareness, education level, and behavior to react on new
management system that would be implemented. The consumer should co-
operate with the same.
Emissions to Air
Air emissions may be generated from storage and handling of raw materials and
during firing or spray drying of ceramics. In the latter case, emissions may be derived
from the raw materials and / or from the fuels employed for heat and power
generation.
Industrial process wastewater
Process wastewater is mainly generated from cleaning water in preparation and
casting units, and various process activities (e.g. glazing, decorating, polishing, and
wet grinding). Process wastewater is characterized by turbidity and coloring, due to
the very fine suspended particles of glaze and clay minerals. The potential pollutants
of concern include suspended solids (e.g. clays and insoluble silicates), suspended
and dissolved heavy metals (e.g. lead and zinc), sulfates, boron, and traces of organic
matter.
Solid Waste
Process waste originating from the manufacture of ceramic products mainly consists
of different types of sludge, including sludge from process wastewater treatment, and
process sludge resulting from glazing, plaster, and grinding activities. Other process
wastes include broken ware from process activities (e.g. shaping, drying, and firing);
broken refractory material; solids from dust treatments (e.g. flue-gas cleaning and
dedusting); spent plaster molds; spent sorption agents (e.g. granular limestone and
limestone dust); and packaging waste (e.g. plastic, wood, metal, paper).
It is possible to find many ceramic products with innovations that can be
classified according to ecodesign strategies; below, some examples from Spain
and Portugal are presented. One should keep in mind, however, that the
environmental benefits of those innovations were not studied, as they didn’t
result from a systematic ecodesign method and therefore environmental
trade-offs may occur. It is also observed that typically only one strategy or
201
environmental component is observed: again the integrated approach of
ecodesign, covering the whole life cycle of the product system was not studied
or at least not communicated by the companies. Nevertheless these examples
illustrate the potential of ecodesign in an industry which has traditionally
focused its environmental efforts in the manufacturing processes. Whether or
not this potential is recognized by companies and other players in the ceramic
arena was a matter for research and will be presented in the next sections of
this paper.
Industry Ecodesign strategy
Activity or solution Examples
Selection of low impact materials
Incorporation of waste Some tile manufacturing companies recycle pre-consumer waste, reaching up to 90% recycled material by weight while retaining the strength and versatility.
Reduction of the material use
Reduction in products’ thickness
Wall and floor tiles companies have researched into raw materials to achieve a reduction in tile thickness (in some cases from 12 mm to 4 mm).
Selection of environmentally sound production techniques
Reducing kiln firing operations
The ceramic industry has invested significantly in more eco-efficient production techniques. Designers can also influence the environmental performance of the manufacturing processes e.g. by designing products whose production requires less firing steps or lower temperatures.
Optimizing packaging Reduction of packaging Companies have been
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and distribution engaged in reducing the amount of cardboard, shrink plastic and glue, and eliminating strips in packaging.
Reduction of the environmental impact during the use phase
High efficiency construction elements
New bricks with high thermal, mechanical and acoustic performances have been developed. In this case it is not the product itself that is improved, but the energy performance of the building, a matter of high concern in the field of sustainability.
Optimizing the end- of-life systems
New method of installation and dismantling
Raised Technical Floor is a method of installation of floor tiles that reduces building waste and facilitates waste separation. This floor is a construction system installed on a metallic substructure at a certain height above the substrate allowing the incorporation of radiant heating systems under the flooring.
New concepts Integration of functions Ceramic wall and roof tiles that incorporate a thin photovoltaic film are intended to have a high aesthetic quality and technical performance contributing to a new building architecture type, based on eco-design concepts.
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Article XII. FOUNDARY SAND
INTRODUCTION
The purpose of this guideline is to establish standards that should be followed in the
discharge of waste in form of foundry sand by the foundries in the state on the lands
administered by municipal government in Gujarat.
The guidelines are developed in respect to the project submitted to the Ministry of
environment in the state of Gujarat. Thus it intended to:
a. provide direction for the management and discharge of foundry sand into the
environment,
b. protect the environment,
c. protect municipal infrastructure, such as solid waste modified landfills, from
immediate and long term environmental problems, and
d. Protect workers and the public from improper industrial waste discharge.
PROPOSED GUIDELINE
Definitions
Composite sample - A volume of effluent made up of three or more individual samples
of equal volume, equal weight, or sized proportionally to flows, that have been
combined. The samples are taken at intervals during the sampling period.
Composting - Means a controlled process involving microbial decomposition of organic
matter
Contaminant - Any noise, heat, vibration or substance and includes such other
substances as may be prescribed by the pollution board that, upon discharge into the
environment,
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(a) Endangers the health, safety or welfare of persons,
(b) Interferes or is likely to interfere with normal enjoyment of life or property,
(c) Endangers the health of animal life, or
(d) Causes or is likely to cause damage to plant life or property.
Environment – “environment" includes water, air and land and the inter- relationship
which exists among and between water, air and land, and human beings, other living
creatures, plants, micro-organism and property.
Environment pollutant - "environmental pollutant" means any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious to
environment.
Environmental pollution - "environmental pollution" means the presence in the
environment of any environmental pollutant.
Generator of wastes – Generator of waste means the owner or person in charge,
management or control of a waste or a facility that generates waste generating
municipal solid wastes.
Handling - "handling", in relation to any substance, means the manufacture,
processing, treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such substance.
Hazardous substance – “hazardous substance" means any substance or preparation
which, by reason of its chemical or physico-chemical properties or handling, is liable to
cause harm to human beings, other living creatures, plant, micro-organism, property or
the environment.
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Hazardous waste - A “hazardous waste” mean a contaminant which is a dangerous
good that is no longer used for its original purpose and is intended for storage,
recycling, treatment or disposal.
Industry - "industry" means any systematic activity carried on by co-operation between
an employer and his workmen for the production, supply or distribution of goods or
services with a view to satisfy human wants or wishes.
Landfilling – “landfilling” means disposal of residual solid wastes on land in a
facility designed with protective measures against pollution of ground water, surface
water and air fugitive dust, wind-blown litter, bad odour, fire hazard, bird menace,
pests or rodents, greenhouse gas emissions, slope instability and erosion
Leachate – “Leachate” means liquid that seeps through solid wastes or other medium
and has extracts of dissolved or suspended material from it.
Municipal authority – A “Municipal authority” means Municipal Corporation,
Municipality, Nagar Palika, Nagar Nigam, Nagar Panchayat, Municipal Council
including notified area committee (NAC) or any other local body constituted under the
relevant statutes and, where the management and handling of municipal solid waste is
entrusted to such agency.
Occupier – An “occupier” in relation to any factory or premises, means a person who
has, control over the affairs of the factory or the premises and includes in relation to
any substance, the person in possession of the substance
Operator of a facility - “operator of a facility” means a person who owns or operates a
facility for collection, segregation, storage, transportation, processing and disposal of
municipal solid wastes and also includes any other agency appointed as such by the
municipal authority for the management and handling of municipal solid wastes in the
respective areas.
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Processing – “processing” means the process by which solid wastes are transformed into
new or recycled products
Recycling – “Recycling” means the process of transforming segregated solid wastes into
raw materials for producing new products, which may or may not be similar to the
original products.
Schedule – “schedule” means a Schedule appended to these guidelines.
Storage – “Storage” means the temporary containment of municipal solid wastes in a
manner so as to prevent littering, attraction to vectors, stray animals and excessive foul
odour.
Transportation – “Transportation” means conveyance of municipal solid wastes from
place to place hygienically through specially designed transport system so as to prevent
foul odour, littering, unsightly conditions and accessibility to vectors
Used foundry sand (UFS) – “Used foundry sand” is a by-product from metal casting
operations and falls within the definition of waste. UFS may contain a wide range of
chemical substances, principally as a result of the metals cast and the binding agents
used at individual foundries.
1. Roles and Responsibilities.
1.1. Responsibility of the municipal authority:
• Every municipal authority shall, within the territorial area of the municipality,
be responsible for the implementation of the provisions of these rules, and for any
infrastructure development for collection, storage, segregation, transportation,
processing and disposal of municipal solid wastes.
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• The municipal authority or an operator of a facility shall set up waste
processing and disposal facility including landfills from the State Board or the
Committee in order to comply with the implementation programme.
• The municipal authorities shall furnish its project reports and annual reports to
the Secretary-in charge of the Department of Urban Development of State in
case of metropolitan city and to the District Magistrate or the Deputy
Commissioner concerned in case of all other towns and cities.
1.2. Responsibility of the State Government Administration.
• The Secretary-in charge of the Department of Urban Development of the
concerned State or the Union territory, as the case may be, shall have the overall
responsibility for the enforcement of the provisions of these rules in the
metropolitan cities
• The District Magistrate or the Deputy Commissioner of the concerned district
shall have the overall responsibility for the enforcement of the provisions of these
rules within the territorial limits of their jurisdiction.
1.3. Responsibility of the state pollution control board or committees.
• The State Board or the Committee shall monitor the compliance of the
standards regarding ground water, leachate quality including incineration
standards as specified under annexure I and II.
• The State Board or the Committee, after the receipt of application from the
municipal authority or the operator of a facility for grant of authorization for
setting up waste processing and disposal facility including landfills, shall
examine the proposal taking into consideration the views of other agencies like
the State Urban Development Department, the Town and Country Planning
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Department, Air Port or Air Base Authority, the Ground Water Board or any
such other agency prior to issuing the authorization.
• The State Board or the Committee shall issue the authorization to the
municipal authority or an operator of a facility within forty-five days,
stipulating compliance criteria and standards as specified in annexure I and II
including such other conditions, as may be necessary.
• The authorization shall be valid for a given period and after the validity is
over, a fresh authorization shall be required.
1.4. Responsibility of the Industry.
The responsibility for proper waste management rests with the generator and should be
considered part of the cost of doing business. Industry should develop a comprehensive
operating program that ensures the impacts of its operations on the natural
environment and workplace are minimized. Industry should determine the nature of
the waste and manage it accordingly.
3. Classifying Used Foundry Sand For Disposal.
3.1. Used Foundry Sand should be classified prior to disposal according to the
maximum concentrations in mg/kg (dry weight), and the maximum leachate
concentration in mg/L, of the contaminants. An annexure is attached in the end to
provide a demo of how the classification should be made by the expert environment
consultant of the Gujarat pollution control board.
3.2. The program of sampling and chemical analysis should involve standardized,
scientifically valid sampling and analysis procedures and methodologies that should be
in accordance of the guidelines that the GPCB needs to set for data collection and site
assessment.
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3.3. The environmental consultant should determine an appropriate scope and
frequency of sampling and chemical analysis to certify the quantity of UFS to be
disposed of over a specific time frame which should depend on the chemical
characteristics of the virgin sand, it should also depend on the fact as to whether the
foundry takes work of casting on a regular basis or on a job by job basis.
3.4. The environmental consultant should, under the GPCB should apply scientifically
valid statistical analysis to justify the classification of the used foundry sand in
accordance with the classification he makes with respect to the demonstration table
given in the annexure.
3.5 The laboratory under the GPCB should, for each of the respective methods of
analysis, carry out the chemical analysis of the UFS. All the leachate testing should be
as per the standards that the Gujarat pollution control board specifically maintains (if
any exist) Or else the standards provided in annexure II need to be followed while
leachate testing, which are as per the Indian standards issued in a notification by
ministry of environment and forest in the year 2000.
3.6 In order to encourage the citizens, municipal authority shall organize awareness
programs for segregation of wastes and shall promote recycling or reuse of segregated
materials. The municipal authority shall undertake phased program to ensure
community participation in waste segregation. For this purpose, regular meetings at
quarterly intervals shall be arranged by the municipal authorities with representatives
of local resident welfare associations and non-governmental organizations.
4. Storage, Transportation and Processing of the waste.
4.1 Municipal authorities shall establish and maintain storage facilities in such a
manner as they do not create unhygienic and insanitary conditions around it.
Following criteria shall be taken into account while establishing and maintaining
storage facilities:
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• Storage facilities shall be created and established by taking into account
quantities of waste generation in a given area and the population densities. A
storage facility shall be so placed that it is accessible to users.
• Storage facilities to be set up by municipal authorities or any other agency shall
be so designed that wastes stored are not exposed to open atmosphere and shall
be aesthetically acceptable and user-friendly
• Manual handling of waste shall be prohibited. If unavoidable due to
constraints, manual handling shall be carried out under proper precaution with
due care for safety of workers.
4.2 Vehicles used for transportation of wastes shall be covered. Waste should not be
visible to public, nor exposed to open environment preventing their scattering. The
following criteria shall be met:
• The storage facilities set up by municipal authorities shall be timely attended for
clearing of wastes. The containers wherever placed shall be cleaned before they
start overflowing
• Transportation vehicles shall be so designed that multiple handling of wastes,
prior to final disposal, is avoided.
4.3 Municipal authorities shall adopt suitable technology or combination of such
technologies to make use of wastes so as to minimize burden on landfill. Following
criteria shall be adopted.
• The biodegradable wastes shall be processed by composting, vermin composting,
anaerobic digestion or any other appropriate biological processing for
stabilization of wastes. It shall be ensured that compost or any other end
product shall comply with standards as specified in annexure II.
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• Mixed waste containing recoverable resources shall follow the route of
recycling. Incineration with or without energy recovery including pelletisation
can also be used for processing wastes in specific cases. Municipal authority or
the operator of a facility wishing to use other state-of-the-art technologies shall
approach the Gujarat Pollution Control Board to get the standards laid down
before applying for grant of authorizations.
5. Disposal of Waste at the landfill site.
5.1. Land filling shall be restricted to non-biodegradable, inert waste and other waste
that are not suitable either for recycling or for biological processing. Land filling shall
also be carried out for residues of waste processing facilities as well as pre-processing
rejects from waste processing facilities. Land filling of mixed waste shall be avoided
unless the same is found unsuitable for waste processing. Under unavoidable
circumstances or till installation of alternate facilities, land-filling shall be done
following proper norms. Landfill sites shall meet the specifications as given in
annexure I.
5.1.2. For the purpose of site selection for landfilling, in case of the areas falling under
the jurisdiction of Development Authorities, it shall be the responsibility of such
Development Authorities to identify the landfill sites and hand over the sites to the
concerned municipal authority for development, operation and maintenance. Selection
of landfill sites shall be based on examination of environmental issues. The
Department of Urban Development of the State or the Union territory shall co-
ordinate with the concerned organizations for obtaining the necessary approvals and
clearances.
5.1.3. Landfill site shall be planned and designed with proper documentation of a
phased construction plan as well as a closure plan. The landfill sites shall be selected to
make use of nearby wastes processing facility. Otherwise, wastes processing facility shall
be planned as an integral part of the landfill site.
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5.1.4. The landfill site shall be large enough to last for 20-25 years and the landfill
site shall be away from habitation clusters, forest areas, water bodies’ monuments,
National Parks, Wetlands and places of important cultural, historical or religious
interest.
5.2. The facilities at the landfill site needs should be in accordance with this point of
the guidelines. The Landfill site shall be fenced or hedged and provided with proper
gate to monitor incoming vehicles or other modes of transportation. The landfill site
shall be well protected to prevent entry of unauthorized persons and stray animals.
Approach and other internal roads for free movement of vehicles and other machinery
shall exist at the landfill site. The landfill site shall have wastes inspection facility to
monitor wastes brought in for landfills. Safety provisions including health inspections
of workers at landfill site shall be periodically made.
5.3. Specification of the landfilling site for facilitating proper disposal of waste are
specified herein. Wastes subjected to land filling shall be compacted in thin layers using
landfill compactors to achieve high density of the wastes. In high rainfall areas where
heavy compactors cannot be used alternative measures shall be adopted. Wastes shall be
covered immediately or at the end of each working day with minimum 10 cm of soil,
inert debris or construction material till such time waste processing facilities for
composting or recycling or energy recovery.
5.3.1 After completion of landfill, a final cover shall be designed to minimize
infiltration and erosion. The final cover shall meet the following specifications,
namely:--
a. The final cover shall have a barrier soil layer comprising of 60 cms of clay or
amended soil with permeability coefficient less that 1 x 10-7 cm/sec.
b. On top of the barrier soil layer there shall be a drainage layer of 15 cm.
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c. On top of the drainage layer there shall be a vegetative layer of 45 cm to support
natural plant growth and to minimize erosion.
6. Liability of the offender.
6.1. Liability in case of offence done by the company.
• Where any offence under this Act has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of,
and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly. Provided that
he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence, he will not
attract the offence thereof.
• Notwithstanding anything in the above point where an offence has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
6.2. Liability in case of offence done by the Government departments.
• Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.
Provided that he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such offence,
he will not attract the offence thereof
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• Notwithstanding anything contained in the abovementioned point, where an
offence has been committed by a Department of Government and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any officer, other than the Head of the
Department, such officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
7. Penalty for Contravention.
7.1. Whoever fails to comply with or contravenes any of the provisions of this Act, or
the rules made or orders or directions issued there under, shall, in respect of each such
failure or contravention, be punishable with imprisonment for a term which may
extend to five years with fine which may extend to one lakh rupees, or with both, and in
case the failure or contravention continues, with additional fine which may extend to
five thousand rupees for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention.
7.2. If the failure or contravention referred to in the above point continues beyond a
period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to seven years.
SPECIFICATIONS OF THE LANDFILL SITES.
Pollution prevention
• In order to prevent pollution problems from landfill operations, the following
provisions shall be made, namely :-
a. Diversion of storm water drains to minimize leachate generation and prevent
pollution of surface water and also for avoiding flooding and creation of
marshy conditions;
b. Construction of a non-permeable lining system at the base and walls of waste
disposal area. For landfill receiving residues of waste processing facilities or
mixed waste or waste having contamination of hazardous materials (such as
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aerosols, bleaches, polishes, batteries, waste oils, paint products and
pesticides) minimum liner specifications shall be a composite barrier having
1.5 mm high density polyethylene (HDPE) geomembrane, or equivalent,
overlying 90 cm of soil (clay or amended soil) having permeability coefficient
not greater than 1 x 10-7 cm/sec. The highest level of water table shall be at
least two meter below the base of clay or amended soil barrier layer;
c. Provisions for management of leachates collection and treatment shall be
made. The treated leachates shall meet the standards specified in Schedule-
IV;
d. Prevention of run-off from landfill area entering any stream, river, lake or
pond.
WATER QUALITY MONITORING
• Before establishing any landfill site, baseline data of ground water quality in the
area shall be collected and kept in record for future reference. The ground water
quality within 50 meters of the periphery of landfill site shall be periodically
monitored to ensure that the ground water is not contaminated beyond
acceptable limit as decided by the Ground Water Board or the State Board or the
Committee. Such monitoring shall be carried out to cover different seasons in a
year that is, summer, monsoon and post-monsoon period.
• Usage of groundwater in and around landfill sites for any purpose (including
drinking and irrigation) is to be considered after ensuring its quality. The
following specifications for drinking water quality shall apply for monitoring
purpose, namely,
S.No. Parameters IS 10500: 1991 Desirable limit ( mg/l except for pH)
1. Arsenic 0.05
2. Cadmium 0.01
3 Chromium 0.05
4. Copper 0.05
5. Cyanide 0.05
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6. Lead 0.05
7. Mercury 0.001
8. Nickel -
9. Nitrate as NO3 45.0
10 PH 6.5-8.5
11. Iron 0.3
12. Total hardness (as CaCO3) 300.0
13. Chlorides 250
14. Dissolved solids 500
15. Phenolic compounds (as C6H5OH) 0.001
16. Zinc 5.0
17. Sulphate (as SO4) 200
AMBIENT AIR QUALITY MONITORING
• Installation of landfill gas control system including gas collection system shall be
made at landfill site to minimize odour generation, prevent off-site migration of
gases and to protect vegetation planted on the rehabilitated landfill surface.
• The concentration of methane gas generated at landfill site shall not exceed 25
per cent of the lower explosive limit (LEL). The landfill gas from the collection
facility at a landfill site shall be utilized for either direct thermal applications or
power generation, as per viability. Otherwise, landfill gas shall be burnt (flared)
and shall not be allowed to directly escape to the atmosphere or for illegal
tapping. Passive venting shall be allowed if its utilization or flaring is not possible.
Ambient air quality at the landfill site and at the vicinity shall be monitored to
meet the following specified standards, namely :-
S.No. Parameters Acceptable levels (i) Sulphur dioxide 120 m g/m3 ( 24 hours) (ii) Suspended Particulate
Matter 500 m g/m3 (24 hours)
(iii) Methane Not to exceed 25 per cent of the lower explosive limit (equivalent to 650 mg/m3 )
(iv) Ammonia daily average (Sample duration 24 hrs) 0.4 mg/m3 (400 m g/m3)
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(v) Carbon monoxide 1 hour average : 2 mg/m3 8 hour average : 1 mg/m3
• The ambient air quality monitoring shall be carried out by the concerned
authority as per the following schedule, namely:-
(a) Six times in a year for cities having population of more than fifty lakhs;
(b) Four times in a year for cities having population between ten and fifty lakhs;
(c) Two times in a year for town or cities having population between one and ten
lakhs.
Plantation at Landfill Site
A vegetative cover shall be provided over the completed site in accordance with the
and following specifications, namely:-
(a) Selection of locally adopted non-edible perennial plants that are resistant to
drought and extreme temperatures shall be allowed to grow;
(b) The plants grown be such that their roots do not penetrate more than 30 cms.
This condition shall apply till the landfill is stabilized;
(c) Selected plants shall have ability to thrive on low-nutrient soil with minimum
nutrient addition;
(d) Plantation to be made in sufficient density to minimize soil erosion.
Closure of Landfill Site and Post-care
The post-closure care of landfill site shall be conducted for at least fifteen years and
long term monitoring or care plan shall consist of the following, namely :-
(a) Maintaining the integrity and effectiveness of final cover, making repairs and
preventing run-on and run-off from eroding or otherwise damaging the final cover;
(b) Monitoring leachate collection system in accordance with the requirement;
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(c) Monitoring of ground water in accordance with requirements and maintaining
ground water quality;
(d) Maintaining and operating the landfill gas collection system to meet the
standards.
Use of closed landfill sites after fifteen years of post-closure monitoring can be
considered for human settlement or otherwise only after ensuring that gaseous and
leachate analysis comply with the specified standards.
Special provisions for hilly areas
• Cities and towns located on hills shall have location-specific methods evolved for
final disposal of solid wastes by the municipal authority with the approval of the
concerned State Board or the Committee. The municipal authority shall set up
processing facilities for utilization of biodegradable organic wastes. The inert and
non-biodegradable waste shall be used for building roads or filling-up of
appropriate areas on hills. Because of constraints in finding adequate land in hilly
areas, wastes not suitable for road-laying or filling up shall be disposed of in
specially designed landfills.
__________________________
Note- This annexure is structured as per the notification issued by the ministry of
environment and forest on 25th September 2000.
STANDARDS FOR COMPOSTING, TREATED LEACHATES AND INCINERATION
1. The waste processing or disposal facilities shall include composting, incineration,
pelletisation, energy recovery or any other facility based on state-of-the-art
technology duly approved by the Central Pollution Control Board
2. In case of engagement of private agency by the municipal authority, a specific
agreement between the municipal authority and the private agency shall be made
particularly, for supply of solid waste and other relevant terms and conditions.
3. In order to prevent pollution problems from compost plant and other processing
facilities, the following shall be complied with, namely :-
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i. The incoming wastes at site shall be maintained prior to further processing.
To the extent possible, the waste storage area should be covered. If, such
storage is done in an open area, it shall be provided with impermeable base
with facility for collection of leachate and surface water run-off into lined
drains leading to a leachate treatment and disposal facility;
ii. Necessary precautions shall be taken to minimize nuisance of odour, flies,
rodents, bird menace and fire hazard;
iii. In case of breakdown or maintenance of plant, waste intake shall be stopped
and arrangements be worked out for diversion of wastes to the landfill site;
iv. Pre-process and post-process rejects shall be removed from the processing
facility on regular basis and shall not be allowed to pile at the site. Recyclables
shall be routed through appropriate vendors. The non-recyclables shall be
sent for well designed landfill site(s).
v. In case of compost plant, the windrow area shall be provided with
impermeable base. Such a base shall be made of concrete or compacted clay,
50 cm thick, having permeability coefficient less than 107 cm/sec. The base
shall be provided with 1 to 2 per cent slope and circled by lined drains for
collection of leachate or surface run-off;
vi. Ambient air quality monitoring shall be regularly carried out particularly for
checking odour nuisance at down-wind direction on the boundary of
processing plant.
• In order to ensure safe application of compost, the following specifications for
compost quality should be met namely;
Parameters Concentration not to exceed * (mg/kg dry basis , except pH value and C/N ratio)
Arsenic 10.00 Cadmium 5.00 Chromium 50.00 Copper 300.00 Lead 100.00 Mercury 0.15 Nickel 50.00 Zinc 1000.00
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C/N ratio 20-40 PH 5.5-8.5
* Compost (final product) exceeding the above stated concentration limits shall not
be used for food crops. However, it may be utilized for purposes other than growing
food crops.
4. The disposal of treated leachates shall follow the following standards, namely:-
S.No Parameter Standards ( Mode of Disposal ) Inland surface water
Public sewers
Land disposal
1. Suspended solids, mg/l, max 100 600 200 2. Dissolved solids (inorganic)
mg/l, max. 2100 2100 2100
3 PH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0
4 Ammonical nitrogen (as N), mg/l, max.
50 50 -
5 Total Kjeldahl nitrogen (as N), mg/l, max.
100 - -
6 Biochemical oxygen demand ( 3 days at 270 C) max.(mg/l)
30 350 100
7 Chemical oxygen demand, mg/l, max.
250 - -
8 Arsenic (as As), mg/l, max 0.2 0.2 0.2 9 Mercury (as Hg), mg/l, max 0.01 0.01 - 10 Lead (as Pb), mg/l, max 0.1 1.0 - 11 Cadmium (as Cd), mg/l, max 2.0 1.0 - 12 Total Chromium (as Cr),
mg/l, max. 2.0 2.0 -
13 Copper (as Cu), mg/l, max. 3.0 3.0 - 14 Zinc (as Zn), mg/l, max. 5.0 15 - 15 Nickel (as Ni), mg/l, max 3.0 3.0 - 16 Cyanide (as CN), mg/l, max. 0.2 2.0 0.2 17 Chloride (as Cl), mg/l, max. 1000 1000 600 18 Fluoride (as F), mg/l, max 2.0 1.5 - 19 Phenolic compounds (as
C6H5OH) mg/l, max. 1.0 5.0 -
Note:
1. While discharging treated leachates into inland surface waters, quantity of
leachates being discharged and the quantity of dilution water available in the
receiving water body shall be given due consideration.
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2. The abovementioned annexure is based on the data collected from the notification
issued by the Ministry of environment and forest issued on September 25 2000 at
New Delhi.
References:
• Ministry of Environment and Forests Notification New Delhi, the
25th September, 2000
• The environment protection act 1986.
• Guidelines prepared on industrial waste discharges, by Environmental
Protection Service, Department of Sustainable Development, Government of
the Nunavut.
• Government of South Australia EPA 329/03: This guideline replaces EPA
Technical Bulletin No. 23, ‘Guidelines for the classification and disposal of
used foundry sand (UFS)’ (August 2000). Re issued September 2003.
• BENEFICIAL REUSE OF FOUNDRY SAND: A REVIEW OF STATE
PRACTICES AND REGULATIONS: Sector Strategies Division Office of Policy,
Economics, and Innovation U.S. Environmental Protection Agency
Washington, DC. In partnership with American Foundry Society Association
of State and Territorial Solid Waste Management Officials.
• Journal of Hazardous Materials B120 (2005) 101–111.
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Article XIII. MARBLE SLURRY & CUTTINGS
Along the rapid growth of human needs in many sectors, a significant decrease in the
availability and viability of the natural resources is always faced. The high volume
production is always associated by considerable amount of waste materials that may
adversely impacts the surrounding environment. One of the major waste generating
industries is the marble production industry, by which ornamental stone
manufacture acquires special mitigation process and environmental assessment to
minimize the negative environmental impacts that may generate. Efforts on
bypassing such dilemma were intensified looking for new regulations and legislations
to minimize and reuse the generated waste. This project mainly highlights upon the
legal guidelines that can be adopted by the government at different levels to
implement the 3 R s Reduce, Recycle and Reuse in order to keep the pollution and
environment degradation in check.
POLICY RECOMMENDATIONS FOR CENTRAL GOVERNMENT, STATE GOVERNMENT & MUNICIPALITIES
The Central Government can set the base for the state and local authorities to deal
with growing environmental problems caused due to marble cutting. Following
guidelines can be adopted in order to keep a check, they are:
Although marble industry there exist no strict legislations to stop the environmental
degradation, the following provisions can be adopted to help keep environment
clean.
1. In concern of water quality, the corporation shall, in coordination with the
competent authorities, undertake the assurance of general standards for water in all
its usages and examination of water sources with respect to pollution, ground water
contamination and other water bodies.
2. The dumping, disposal of and piling up of any substances that are harmful to the
environment whether solid, liquid, gaseous, radial, or heat in water sources, or the
storage of any of these substances in close proximity to the water sources and within
a distance to be specified by the Government. The waste disposal in the water has to
be prohibited.
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3. The government should prohibit land use for other non-classified purposes i.e.
lands that are classified according to their potential capability as agricultural lands
cannot be used for industrial activities.
4. Prohibiting the establishment of any industrial activity within pedestrian city
limits, thus, industrial establishments are forced to be held at the industrial cities.
5. In concern with air emission, standards for the permitted emission level of each
gas should be provided.
6. In concern to health, Government shall be responsible for all matters pertaining to
health in the state including (i) The provision of preventive and curative health care,
(ii) Prevention of contagious diseases, (iii) Promotion of health awareness and
medical culture through available means, and (iv) Establishment and management of
all types and levels of educational institutions for medical professions and setting
their curriculum, appointing their teaching staff, and issuing certificates for their
graduates provided that educational institutions for medical professions that exist at
the time of the enactment of this Law shall be deemed established in accordance with
its provisions
7. Further, existing factories have to introduce mitigation actions that gradually
minimize the negative environmental impacts.
The State Government of Gujarat Can Adopt Following Guidelines:
The following guidelines can be adopted by the state government in order to keep a
check on the Small, Medium and Large scale companies dealing in marble
manufacture to keep the environment clean and pollution free.
1. Mine owners should effectively reuse marble slurry within a year of getting licence.
This step can be taken to keep a check as marble dust and slurry are hazardous for
the environment.
2. A responsible attitude toward waste disposal, both for private homes and
businesses, involves a change in approach to waste. Waste management policies need
to address the problem of careful disposal of items that cannot be recycled or reused;
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3. Clever recycling methods that limit the amount of marble slurry enter the landfill
sites;
4. When adopting a recycling policy within a small business, take the attitude that
everyone is equally responsible for recycling their own waste in appropriate bins.
Putting one or two people in charge of the green policy will probably result in having
to employ someone specifically for purpose and defeat the object of economical
recycling;
5. Businesses that do not have a recycling policy might be advised to consult a
professional waste management company for advice on how to effectively re-use
materials in product manufacturing or even sell cut offs and waste materials to other
companies to implement an effective cost reduction program;
6. For larger businesses with a significant waste problem, a professional waste
management company can advise on how to limit the amount of space required for
waste storage and how to control a recycling policy. Companies adopting a green
policy are more likely to win lucrative government funded contracts and the policy of
awarding contracts to greener companies is likely to accelerate over the next twenty
years;
Putting the planet first can be a profitable business ethic and one that requires a
surprisingly low outlay. Reduce, re-use and recycle is the new catch phrase and
forward thinking businesses are adopting greener and more eco friendly systems of
waste disposal, both to win contracts and keep production costs to a bare minimum.
State government can state policies and provisions but actions and implementation
can be taken and done by the local authorities, they can keep in check the activities of
the companies in their city and raise sanctions in case of breach of and of the policy
or provision laid down by both the state as well as the central government. It is
important that the guidelines set by the state and central government are followed in
order to keep the planet alive and free of pollution and whether the cautions are
taken by the companies or not can be checked by the local authorities.
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LEGAL GUIDELINES
Marble is one of the most useful elements needed in today’s world and it adds to
India’s Export income. The impacts of the marble manufacture can be estimated and
evaluated according to production stage or process. Each process includes some
action that adversely affects the environment through one or more environmental
norm. For example the sawing or cutting phase involve noise effect and dust
emission, while cutter and polishing phases involve chemical uses and contamination
of water, land take for the development and change of land use, impact on site
characteristics during and after marble production operations, economic impacts
during operation, social impacts, solid waste disposal, sewage system and volume of
liquid wastes, private and public traffic on the way to the site, and air and water
pollution during marble manufacture operations.
Terms used in the Guidelines
1. “Marble and stone debris" or "debris" means those solid materials resulting from the
extraction, alteration, construction, destruction, rehabilitation, or repair of marble and
stone or their manufacture
2. “Marble and stone sludges” or “Sludges” mean the liquid residuals from the marble
and stone's cutting and production, mostly with cutting machinery like H/V Cutters
and Circular Cutters, composed of water and stone powder in percentage not less than
90% Solid residuals from mining and extracting activities destined to the effective use
for ground filling do (may) not constitute waste and therefore are excluded from the
application of these rules. Also, they do not have to consider refusal the residuals of
mines and quarries extracting activities when re-used without the above mentioned
preliminary transformations.
3. “Marble and stone debris and sludges facility” or “facility" means any site, location,
tract of land, installation, or building used for the disposal of debris and sludges.
4. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking,
emitting, or placing of any marble and stone debris and sludges into or on any land or
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ground or surface water or into the air, except if the disposition or placement
constitutes storage, reuse, or recycling in a beneficial manner.
5. "Licensing authority" means a city or town or village department which is approved
by the district authority.
6. “Contractors” means the owners and the operators of authorized marble and stone
debris and sludge facilities.
7. “Operators” refers to any subject, singular or under any company denomination or
organization, which operates for commercial purposes within the above mentioned
activities.
Penalty
Marble and stone debris and sludge must be reused, recycled, or disposed. They can be
disposed of only by:
1. Disposal in a licensed marble and stone debris and sludge facility, or
2. Disposal in a licensed solid waste disposal facility, or 3. Any other disposal if
permitted by local administration rules. A marble and stone debris and sludges facility
is required to have a facility license. Zoning restrictions or township or municipal
ordinances individuate the sites where marble and stone debris and sludges must be
collected.
Penalty: Conducting or allowing illegal disposal of debris and sludges is subject to
penalty up to “X” amount for each day of violation. Penalties are in addition to the
costs incurred in cleaning up the illegal disposal and having it properly disposed.
REUSE TECHNIQUES
The reuse technique is defined as re-employment of materials to be reused in
the same application or to be used in lower grade applications. The Operators
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have the major responsibility in adopting the reuse techniques in the project
through the execution phase, as follows:
1) Collection procedures
- Separation/segregation/sorting techniques should be implemented to
the waste stream.
- Labelled containers for each waste stream and a schedule of the pick-up
times of the containers should be provided.
- On-site storage areas to dump the containers should be designated. In
order to prolong the waste life and extend the reusable abilities, the
storage areas should be:
- remote enough from the site to limit the access to the stored material and
hence control its contamination;
- labeled by large signage to describe the purpose of the area and
- protected from weather conditions, such as rain and dust.
2) Waste management personnel
- A waste management team should be assigned to accomplish the tasks
needed for this activity. The team should consist of a waste manager and
a group of trained laborers.
- The task of the waste manager should be:
o Setting up the waste management program.
o Supervising the waste separation and sorting activities.
o Supervising the waste preparation to be transported to recyclers.
o Supervising the legal disposal of wastes.
o Instructing and supervising the work of the trained laborers.
o Monitoring the wastes periodically to prevent any mixing or
contamination.
3) Documentation
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- The Contractor should record and control all the waste management
procedure documents.
- The Contractor should periodically update the data in his registers in
order to prove or disprove the adequacy of the selected management
techniques during the project execution phase.
- The Contractor should track costs or profits associated with various
waste management methods.
- The Contractor should develop learning curves to update the laborers
abilities in implementing waste management techniques.
- The Contractor should document all methods and techniques of
mitigating the waste, as well as documenting quantities and types of
generated wastes experienced through the completion of project.
- The Contractor should submit within the progress of payment
application, a summary sheet describing all reduce, reuse, recycle,
recovery and legal disposal of wastes. This summary should be supported
by the proper documentation.
Marble cannot be stopped being used but the waste from the marble
manufacture can very well be dealt with. Following few ways can be adopted
to use the marble waste for better purposes.
In Building / Construction Industry
- For making bricks / blocks
- As roofing tiles / flooring tiles, Roof lining thermal insulating Material
(Reducing Temperature between 6 – 7° C)
- As wall panels
- As raw material for manufacturing artifacts, Toys (for decorative
purpose)
- As substitute for fine aggregate
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- As backfill materials for retaining walls
- As replacement of “Khadanja” (used as Pedestrian Road or Courtyard Floor)
- For miscellaneous uses e.g. Bath tubs, wash basins, flush toilets, tree
cover guards, boundary walls.
- As Leak proofing Binding Material with additives like cement.
In Road Construction
- For construction of road embankments
- For construction of pavement blocks (layering up to 25 % to 35%)
Chemical Usage
As the composition is Calcium Hydroxide (Ca OH), so can be used for
Neutralization purposes.
MINING AND PROCESSING-STAGES OF MINING
Mining of marble or, for that matter, any dimension stone is different from
conventional mining practices. In conventional mining method, mined out minerals
are obtained in small - size fractions whereas in dimension stone mining, large-size
intact blocks without minor cracks or damages are extracted. Marble mining in India
is quite old and has been perfected by trial and error method for extracting larger
blocks by manual means. Advent of advanced mining machinery and improved
methods of cutting & mining have largely transformed the marble mining methods
and have led to increased production.
Presently, mining of marble is done by any of the following 3 methods:
- Manual
- semi-mechanized
- mechanized
But in general, majority of mines adopt the semi-mechanised method of mining. The
various stages in mining marbles are as follows:
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The first and foremost work in a quarry is removal of overburden which may be
present in the form of soil, rubbles and weathered material. The removal of
overburden is generally carried out with heavy earthmoving machinery. In some
cases, the weathered zone is removed by drilling holes by jack-hammers and slim
drill machines. These holes are charged with light explosives and under controlled
blasting methods the over burden material is loosened out. It is then removed using
heavy earth - moving machinery, such as excavators, tippers and loaders.
After removal of overburden and capping, the marble is exposed at suitable places.
After studying the topography and keeping in view the further development of
quarry, a key block is marked for removal or for quarry front cut. At this stage, it is
necessary to study the joint or fracture pattern in order to ascertain recovery of large-
size block.
In manual operation, a line of shallow holes is made and by driving in wedges with
feathers by continuous hammering, a fracture is developed along the already drilled
holes, and the block is made free from all the sides. The block thus freed from the in
situ rock is either pulled by chains or pulley system or is pushed by driving logs, etc.
After the block is toppled, it is again cut and dressed for getting a parallel-piped
shape.
In the semi-mechanised operation, jack- hammers, slim drills, line drilling machines
are used for drilling holes in a predetermined line. The remaining operation is more
or less similar to manual mining except for lifting and pulling where cranes, winches,
dozers, etc. are used. But in the above mentioned processes, the wastage is high and
the size of the blocks recovered is small and seldom free from defects. However, to
overcome these problems, the quarry front cut is made by using slim drill machines,
diamond wire saw, quarry master, diamond belt saw machines and chain saw
machines. The slim drill machines and quarry masters are used to drill holes through
which diamond wire saw is passed and the block is cut by continuous motion of the
diamond wire saw. Once the block is cut, it is toppled with the help of hydrobags,
pneumatic pillows, air-jacks, etc. The blocks cut this way are of exact sizes with
minimum losses. The lifting and loading of blocks are done by Derrick cranes and
using various types of loaders.
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Processing of marble is done in two stages. The first stage of processing involves
cutting the blocks into 2 to 3 cm thick slabs by using gang saws, wire saws and
circular saws. In marble tile plant, the required thickness of tiles is 10 or 12 mm. For
cutting, circular saws are used. In general, the slabs are sold as it is but in case of
tiles, they are polished using various pneumatically-operated or other polishing
machines, such as, line polishers, trimmed and cut to size, buffed and chamfered
using different types of machines before being sold. In Gujarat, there are about 22
processing units located at Ahmedabad, Ambaji and Vadodara. India has a rich
tradition of processing stones and carving jalis, pillars, garden furniture, floral and
other design by expert craftsmen. The craftsmen have developed their art using
manual means and simple tools. Presently, art collectors from world over seem to
demand hand-carved articles produced especially in Makrana. Congruent with this
trend, Stone Fairs are regularly organised in Rajasthan to promote stone artifacts
produced and to provide the necessary impetus to sculptors and craftsmen.
GUJARAT – Marble Manufacturing Sites
Gujarat has vast resources of marble in Banaskantha,Bharuch, Vadodara,Kachchh
and panchmahal districts. The ambaji area in Banaskantha district and chinchpura
area in vadodara district are main producing centres. The white marble of ambaji is
known for its amenability to carving. Other deposits in Banaskantha district are
jarivav, Kumbharia, Kateswar, Bheroj and khikla. Marble of Vadodara district occurs
in various shades, viz., green,white,pink and cream. Marble of Bharuch varies in
colour from black to green and red. The yellow marble of Kachchh is thin-bedded,
sometimes fossiliferous and blockable deposits occur at Bulawara-Chinchpura belt.
ENVIRONMENTAL DEGRADATION – MARBLE SLURRY AND MINING
The environmental degradation during mining of marble is akin to any open cast
mining activities like:
- degradation and removal of top soil
- mined out pits disturbing local flora & fauna
- water table of the area
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The rejected blocks, unsized blocks and from overburden when dumped
unsystematically pose serious hazards
The processing waste of marble cutting plants comes out in the form of „Marble
Slurry . This marble slurry is being dumped by the processing plants at the nearest
site available or in the notified areas marked for dumping near the plants. When this
slurry dries up, it leads to serious environmental pollution. The major environmental
problems due to marble slurry are listed below:
- Slurry, disposed on open lands, forms a thin layer on the top soil, preventing
seepage of even rain water, thus even grass doesn’t grow, leading to dry,
barren, dead soils and lands
- Dried slurry, which is very fine in size, in summer, flies in air, causing severe
air pollution
- Not recovering water from slurry, finally leads to depletion of ground water in
granite cutting & polishing clusters.
- Impact of Illegal / Excessive Quarrying of Sand, from river beds:
- Depletion of water table in river beds & surrounding area of water banks,
effecting the farmers and cultivation.
- Contamination of fresh water sources with saline waters in the fresh & sea
water sea belt – principle of reverse influx
- Weakening of bridges, electrical / communication / transmission structures
and constructions.
- Mining industry in general and dimensional stone industry in particular has to
surmount problems relating to environment peculiar to it. Air, water and noise
pollution as well as degradation of land is considerable in stone mining. Few
examples for it are:
- There is considerable generation of waste during trimmings of edges of the
slabs, broken pieces.
- Unsawable blocks, irregular and odd shaped blocks lie scattered here and there
in the mine area as well as in processing units.
- The quarrying waste is just piled in the forest area by the miners, creating huge
mounds of stone waste, thereby destroying the natural vegetation and ecology
of the area.
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- The quarrying waste is even being dumped on seasonal riverbeds, thereby
threatening the porosity of aquifer zones.
In case of marble mining there is environmental damage due to the generation of
slurry. The foremost need therefore is to reduce the waste generation percentage at
the processing and quarrying stage itself.
The concept that the waste are not waste but possible resource needs to be developed
and technological efforts be made towards Total Resource Utilization. Being aware of
the environmental issues related to Mining and mineral based industry, government
has already taken initiatives in the field of environmental protection. There are
various policies and provisions made by the government to tackle with the waste like:
National Mineral Policy 1993 also contains provisions for minimizing the adverse
impact on environment.
Government of India has brought out the National Conservation Strategy and Policy
Statement on Environment and Development in June 1992.This policy statement
clearly lays down the guidelines under which a 9- point action plan has been
proposed to prevent and mitigate environmental impact on mining and quarrying
operations.
The Ministry of Mines has constituted a National Committee in April 1998, to
monitor and review the environmental aspects of mining activity in the country.
REPORTS:
NCB (National Council for Cement and Building Material) study indicated that
marble slurry could partially replace limestone as a raw mix component in
manufacture of ordinary Portland cement.
Marble is a rich source of calcium carbonate and can be reused in various ways. They
are construction of road pavements, embankments; back fill material for retaining
walls, roofing tiles, wall panels, pavement tiles, etc. A report of the Central Building
Research Institute (CBRI), on the use of marble dust in brick-making, says that
bricks made from marble slurry are stronger and more durable than clay bricks.
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These and already existing measures to prevent the environmental degradation due
to mining should no doubt go a long way in meeting the objectives of sustainable
development of stone mining in the country.
3R’s – REDUCE, REUSE AND RECYCLE
Problems caused while recycling marble waste and slurry
While recycling must be encouraged, it is not a magic bullet. As we tackle the garbage
problem to protect the environment and conserve energy, our first priority should be
to reduce garbage output. And our second option should be to increase reuse of
products. Recycling should be our last choice. For example Japan, recycles about
80% of the waste material. But recycling creates other problems. The metal scrap
salvaged from building frames and bridges inevitably contains impurities, and since
it must be melted down, small quantities of dioxin are emitted during reprocessing.
Though small in quantity, these emissions are a major source of dioxin in the
environment, second only to the smoke produced by garbage incineration plants.
To boost reuse rates, we need to make products and parts from durable and long-
lasting materials. Plastic happens to be a material with ideal characteristics for reuse.
But in order to reuse the plastic components from automobiles, electrical appliances,
computers, and other products, they need to be consciously designed with reuse in
mind.
WASTE MANAGEMENT PRACTICES – DIFFERENT COUNTRIES
ITALY-
Foreign marble processing technology has reached a certain level, but the marble will
produce a large number of marble processing wastes. According to different
processing methods, marble processing waste slurry accounted for by 20-30% the
weight of marble blocks. Abuja areas such as Italy that will produce 2,000 tons per
day waste slurry; Italy Verona marble business area only 68 the year 1997 to
discharge the waste slurry processing 24 million tons of marble. 50% of marble waste
slurry water, the remaining marble powder. Travertine, manufacturers will waste
slurry filtration, separation of the solid water, then dried solids to the converter.
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Although manufactured marble does not produce pollution, but there will be waste
slurry emissions. The waste slurry discharged into the rivers, the accumulation of
filtered solids for a long time to be processed on a marble factory site will have
negative environmental problems.
The foreign use of marble waste slurry
Size according to chemical composition (50% less than 0.01mm), the granite waste
content of the coating is soft lime marble is lime marble and clay content of the
amount of soft clay classes, and thus has great potential for the construction
industry. Italy UNIECO brick tile production equipment, equipment companies, the
company will waste slurry with different percentages of clay mixed test, the results of
qualified products. 40% of the waste slurry added to the problem does not occur.
Brick with marble waste pulp production, waste slurry only after filtration can be,
without having to do with dry good.
The application of agricultural waste slurry marble
According to foreign studies, one hectare of land requires 100 tons of marble powder
to be slightly acidic soil PH value becomes close to the value of value. Soil acidity is
too high, benefits of magnesium, boron and plant pro, but it will cause aluminium,
copper, zinc poisoning phenomenon. Marble plant using waste slurry, that is, change
the soil with calcium carbonate in terms of Italy has some experience. Such as Italy, a
wine market, marble processing waste slurry using the soil of the powder of marble,
and then flow into rivers and lakes, rivers and lakes to prevent acidification.
Use of Marble powder instead of soda ash for recycling of lead batteries
Over the years, a number of specialized factories to do with soda ash recycle solvent
lead. Italian company is now using the sawing of marble powder marble slurry waste
instead of soda. This advantages: lower production costs will be used into new
production processes. Calcium carbonate and other additives, ingredients (silica
sand, iron, carbon, batteries lead compounds, sulphate oxide) mixed with lead to the
recovery of batteries, while producing a kind of waste, this waste contains calcium
oxide, silicate, iron oxide and metallic iron, and 2-3% lead.
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China’s policy – China’s regulation regarding Municipal Construction Waste was
enacted in 2005. As cited by Jones (2007) the regulation entails stricter management
on waste from municipal construction projects.
Waste Management Practices - In most of the cities and municipalities in China,
construction practitioners have to pay for land filling the Construction waste. The
local authority invests heavily in the factory which is for recycling Construction
waste. Further, the Xiamen construction system had considered the subject of using
Construction waste to produced wall materials to be an important research subject
since 2005.
India’s Policy - In India, Schedule II of Solid Waste Management Rules, 2000 is one
of the regulations that stipulate proper collection and disposal of construction waste
(Prohibition rules 2006 of Littering and Regulation of Segregation, Storage, Delivery
& Collection) in the cities and some municipalities in India. However, this regulation
is weak in terms of its implementation and enforcement.
Singapore’s policy - Singapore has elaborate laws on waste and its management
including construction waste. The major statutes are found on the National
Environment Agency (NEA) – government’s website. For example, there is a
compulsory requirement for waste to be carted from sites by registered waste
contractors. There are also rules on illegal disposal of waste, and littering or soiling
of the streets from trucks carrying materials. Active promotion of waste recycling,
coupled with stringent environmental regulations enforced by NEA is currently
practiced. Moreover, waste minimization guidebook was established and enforced.
The guidebook help in sequential development and implementation of a waste
minimization plan for construction sites facility. The guidebook steps include
management’s commitment, selection of waste minimization committee, conducting
a waste audit, determination of the true costs of waste, developing waste reduction
options, assessment of scope of savings and rank options, developing waste
minimization plan and implementation and plan improvement. Besides the
guidebook, regulations on Building Maintenance and Strata Management Act 2004
(Act 47 of 2004) and Building Maintenance (Strata Management) Regulations 2005
stipulates refuse disposal where practitioner or occupier recyclable material or waste
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intended for recycling, separated and prepared in accordance with the applicable
recycling guidelines.
CONCLUSION
There are lot of policies and laws made regarding environmental degradation due to
the marble cutting activities but it will be effective only when it will be properly
implemented and a proper feedback system is set up. In most of the Asian countries
like India, Thailand, Srilanka, Malaysia etc. policies and laws on waste management
are not effectively implemented even though they are framed by the government.
Regulations and laws on waste management fully exist and are effectively
administered in Singapore, Hong Kong SAR, Japan, Italy, South Korea and Taiwan.
Putting the planet first can be a profitable business ethic and one that requires a
surprisingly low outlay. Reduce, re-use and recycle is the new catch phrase and
forward thinking businesses are adopting greener and more eco friendly systems of
waste disposal, both to win contracts and keep production costs to a bare minimum.
What exactly is the need of the hour? It is not framing only policies and laws it is to
frame effective policies and laws which can be implemented and put into action and
most importantly a proper feedback system to keep a check whether the policies and
laws are used in a proper way or not.
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Article XIV. USED TRANSFORMER OIL
DEFINITIONS FOR THE TERMS USED IN GUIDELINES
Operator of facility - means a person who owns or operates a facility for collection,
reception, treatment, storage or disposal of hazardous wastes.
Recycler - means an occupier who procures and processes wastes for recovery.
Recycling of waste oil - means reclamation by way of treatment to separate solids and
water from waste oils using methods such as heating, filtering, gravity settling,
centrifuging, dehydration, viscosity and specific gravity adjustment etc.
Registered re-refiner or recycler - means a re-refiner or recycler registered for
reprocessing wastes with the Ministry of Environment and Forests (MoEF) or the
Central or State Pollution Control Board (PCB), as the case may be, for reprocessing
wastes.
Re-refining of used oil - means applying a process to the material composed of used oil
so as to produce high quality base stock for further manufacture of lubricants or for
other petroleum products by blending or any other process
Used oil - means any oil Derived from crude oil or mixtures containing
synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil, compressor
oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and their tank
bottom sludges; and Suitable for re-refining if it meets the specifications laid down in
Schedule 5, but does not include waste oil.
Waste oil - means any oil;
Which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated
from petroleum refineries, installations or ships; and;
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Is unsuitable for re-refining, but can be used as fuel in furnaces if it meets the
specifications laid down in Schedule 6.
Definition of Disposal – According to HW (M&H) Rules 2003, Disposal means
deposit, treatment, recycling and recovery of any hazardous waste.
INTRODUCTION
Transformer oil is a highly-refined mineral oil used in oil-filled transformers (Power
and Instrument), some types of high voltage capacitors, and some types of high
voltage switch gears, and circuit breakers. The main properties of transformer oil are
– stability at high temperatures and excellent electrical insulation. Its functions are
to insulate, suppress arcing and to serve as a coolant.
BACKGROUND
The quality of the oil contained in the transformers is to be maintained stringently.
Due to this requirement, the quality of oil is checked periodically. At any time the
quality deteriorates below acceptable level, it may reach a stage where it is required
to be replaced with new (fresh) oil. The used oil thus forms waste Transformer Oil
which requires to be disposed off.
The recent findings on the used Transformer Oil have suggested that, the used
Transformer Oil could contain PCBs (Polychlorinated Biphenyls) which are mixtures
of a range of synthetic Organic Chemicals. PCBs, originally synthesized in 1866, are
being produced commercially since 1929 and widely used in industrial products
namely Transformers, Capacitors, Oil Circuit Breakers, Welding machines, etc. and
in products with a long technical lifetime, such as building materials and paints.
Though the production and sale of PCBs is prohibited in the International market, it
is still used in various electrical equipments. Thus the total load to the environment
is likely to increase in future and exposure to these compounds is associated with
different levels of risks.
HEALTH EFFECTS OF PCB’s:
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- PCBs that have already leaked out into the Environment, have spread to every
corner of the Earth and accumulated in the Food Web/Chain.
- PCBs in Aquatic environments are readily absorbed by Planktons or other
Mud-dwelling organisms.
- Complex Marine Food Chains allow the chemical to concentrate in dangerous
amounts in the higher trophic levels (Biomagnification).
- They can be easily incorporated in Lipid deposits in any organism and are
hardly destroyed or excreted.
- The greatest danger is ingestion of contaminated food and absorption of these
substances through the body surface; for example, due to splashes while
working with PCB containing equipment.
- PCBs are absorbed into dust particles and can enter the Respiratory Organs.
- PCBs are dangerous to both Humans and the Fauna.
- Some PCBs have dioxin-like toxicity and can be fatal for the child in the womb,
even in very low concentrations.
- PCBs have demonstrated to be carcinogenic in animals.
OBJECTIVE OF CHANGE IN LEGISLATION
The key objective of the legislation governing the disposal, handling and processing
of used Transformer Oil is to ensure that the same is done in an Environmentally
Responsible Manner.
The disposal becomes all the more critical for used Transformer Oil containing PCBs
which are highly toxic & carcinogenic in nature. The PCBs are not Bio-degradable
and have a half life over hundreds of years, hence are very difficult to get rid of and
underline the need for meticulous disposal.
This disposal by law is entrusted to agencies approved by the Pollution Control Board
(PCB). The waste oil may be produced at any location – Small or Large Industries,
Housing Societies, Commercial establishments etc. All waste has to be conveyed into
this approved channel of disposal.
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ENVIRONMENTAL RISKS TO BE MITIGATED DURING DISPOSAL
PROCESS
The main Environmental Risks which need to be mitigated during the disposal
process are –
- Used Transformer Oil being Mineral Oil, its entry into water bodies could be
dangerous for the Flora and Fauna living in the Aquatic Habitat.
- Entry of the used oil into Water Table would cause health risk to the human
and domesticated animal population, as it would contaminate the Water Table.
- Used Transformer Oil containing PCBs is Toxic and Carcinogenic having
multiple health hazards. (Some of them have been documented separately in
this report for reference).
TREATMENT OF USED TRANSFORMER OIL
First of all the oil is tested, broadly for (Electrical Capabilities and Chemical
Composition)
- Electrical tests
- Gas contents
- Carbon contents
- Cellulose contents
- Sludge / deposits
Depending on the test results further course of action is decided upon. Generally
there are three options:
If the oil shows good results like low gas contents, low sludge and low other cellulose
contents, then it is generally retreated or reclaimed. Around 70-80 % of oil can be
reclaimed in such a process.
Re-refining / reclaiming processes are done by approved vendors at lower quantities.
When this quantity is higher, refineries use this oil as TOBS (Transformer Oil Base
Stock) for refining and blending with raw stock to form new oil.
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If the oil shows moderate to bad results which means that the Transformer Oil is
further not suitable to refine but still contains it Mineral Oil base properties then it is
used for producing lower end industry consumables like grease / other non
specialized lubricating substances.
Further if the oil is very bad and contains high amount of PCBs then there is no
formal method for reusing it as of now.
Instead some methods adopted by Western and European countries to dispose it off
include Incineration.
But this is again not an Environmental Friendly process because due to the
properties of oil by itself, it is required to be burnt at high temperatures, as high as
1200 °C and again this adds heat (results in Global Warming) and Carbon Dioxide
(CO2) emissions in the atmosphere.
For PCB containing oil, Incineration is the only option currently available.
CURRENT LEGISLATIONS REGARDING DISPOSAL OF USED
TRANSFORMER OIL
Hazardous Waste (Management, Handling and Transboundary Movement) Fourth
Amendments Rules, 2010
Schedule II - [See rule 3(l)]
Class A - Concentration limit: 50 mg/kg
A16 - Halogenated compounds of aromatic rings, e.g. Polychlorinated Biphenyls,
Polychloro-TerPhenyls and their derivatives.
As per above rule,
PCB more than 50 mg / kg in Transformer Oil is considered as waste oil & needs to
be incinerated at authorized incineration sites only.
PCB less than 50 mg / kg in Transformer Oil is considered as used oil & needs to be
recycled through authorized recyclers.
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GAPS IN THE CURRENT LEGISLATIONS
The current legislation allows for mixing /blending of waste oils containing certain %
age of PCBs with fresh/Virgin Oil. This is a potential route through which PCB
contamination can spread far and wide. The threshold limits permitting the blending
need to be reviewed.
The requirements of the Stockholm Convention (SC) to which India is a signatory are
not fully met through our present laws. The Stockholm Convention on Persistent
Organic Pollutants (POPs) signed on 17th May, 2004 is a treaty aimed at protecting
human health and the environment from POPs chemicals. This Convention ensures
the environmentally sound management and the disposal of POPs chemical waste
from the world. At present 12 chemicals including eight organochlorine pesticides
(Aldrin, Chlordane, DDT, Dieldrin, Endrin, Heptachlor, Mirex and Toxaphene), two
industrial chemicals (PCBs and Hexachlorobenzene) and two unintentionally
produced chemicals (Dioxin and Furans) are listed as POPs chemicals, which due to
their toxicity, persistence, tendencies of bioaccumulation & biomagnifications and
long distance transfer are posing serious threats to human health and environment.
The present law allows for usage of PCBs in non-leaking transformers/ equipments,
which is impractical and more likely not-to be followed in practice.
No Law or Enforcement sets a deadline for identification of PCB inventory in
Gujarat.
Lack of awareness and capacity in key stakeholders weakens the legislations
considerably. ( eg awareness required in GPCB, maintenance teams in energy sector,
testing facilities, infrastructure for storage and handling of waste).
Limited testing facilities to determine the quantum of PCB with testing laboratory
and users.
No technical Indian Standard prescribing the acceptable/non-acceptable PCB
concentration for the electrical equipments operating under different service
conditions.
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INTERNATIONAL LEGISLATIONS
Country Key features of Legislations
Recommended
Disposal way/Method
USA As per EPA press release - April 19, 1979,
the manufacture of new PCB electrical
equipment (transformers oil) is entirely
prohibited.
The Regulations limit the
methods of disposal to the
following:
Biological treatment;
Physio-chemical;
Incineration on land;
Permanent storage (but
only safe, deep,
underground storage in dry
rock formations and only
for equipment containing
PCBs which cannot be
decontaminated);
Temporary storage at the
disposal site (while awaiting
on one of the above
methods to be applied).
UK
The Environmental Protection (Disposal
of Polychlorinated Biphenyls and other
Dangerous Substances) (England and
Wales) Regulations 2000.
All PCBs and equipment containing PCBs
* Recommended Disposal
way/Method would be same
as that for USA.
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should have been disposed of be the 31st
December 2000 except where an
exemption applies. Where an exemption
applies the deadline for disposal was 1st
January 2008.
Australia The times for the achievement of various
stages in the notification, removal from
service and eventual destruction of PCBs
are set out with shorter timelines applying
to PCBs in sensitive areas. Complete
destruction of known scheduled PCBs in
Australia is to be achieved by 1 January
2009 (13 years from the start date).
However, an exception applies to some
small equipment and equipment
containing non-scheduled PCB material
which is expected to be still in service at
that time, to which the stipulation applies
that as such equipment comes out of
service, the PCB is expected to be
consigned for destruction within one year.
* Recommended Disposal
way/Method would be same
as that for USA.
Hong
Kong
Stockpiles of PCBs contained in PCB -
products manufactured from past
industrial activities exist.
Results of periodic PCB-equipment
surveys conducted by EPD in 1994/95,
2001/02 and 2004 Shows that, there have
been no PCB -containing transformer
stockpiles found in Hong Kong since
2001/02.
NA, as no PCB - containing
Transformer stockpiles
found in Hong Kong Since
2001/02.
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SUGGESTED CHANGES IN LAWS
There is a need for a deeper study of the disposal chain of waste Transformer Oil.
Based on this information, the legislation to the user community can be made more
specific which can guide and constrain the society and industry in a manner so as to
avoid the Environmental & Health hazard associated with Used Transformer Oil.
Above all the legislation should bind the state pollution control board to benchmark
its practices to global level by engaging with the environmental control boards of
advanced countries like Japan, US & Europe so that our state legislation is in synch
with global best standards.
Government should ban the import of Transformer Oil or electrical components with
PCB content in them.
Make it mandatory for all transformers & oil manufacturers to supply PCB free oil/
equipment.
Regulatory action should be taken against the PCB manufacturers & suppliers.
Align the local laws with the Stockholm Convention (India is a signatory to the
Stockholm Convention).
Mandatory declaration by manufacturers that their products are free from PCBs.
State Pollution Control Board (SPCB) may be advised to direct all Industrial users to
produce an inventory of PCB contaminated equipment so that the magnitude of the
problem can be quantified and responsible disposal mechanism can be planned. PCB
should set legally binding deadline. This legislation should include recyclers as well.
The manufacturers of transformers & other equipment should indicate the method of
disposal of used oil on the nameplate of the equipment. This can warn even the
amateurs (non-experts) that the waste requires a special disposal process. The
respective Indian Standard shall be modified to address the requirement of PCB.
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Make it mandatory for all Transformer Oil, CVT, CT and Oil filled capacitor &
transformer manufacturers to declare the hazardous content of their equipment(s).
Legislation should direct Pollution control board to act as nodal agency to promote
R&D for alternate methods so that Transformer Oil is free from PCBs, hazardous and
toxic substances. Collaborative research can be done with interested industries like
Transformer Manufacturers & International Organizations.
Strict timeline should be given to the manufacturers & importers for the phasing out
of PCB containing Transformer Oil & policies to be made to support/guide the phase
out plan.
Government should improve Institutional capacity at all levels of PCBs Waste
Disposal Management.
The facility to test the PCB content in Transformer Oil should be through accredited
Laboratories / Agencies.
The adverse impact of PCB in Transformer Oil shall be communicated to the all users
through appropriate means (mandatory metal-labelling on the transformer body, on
transformer oil drums and the sale/purchase documents).
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SUGGESTED MODUS-OPERANDI FOR IMPLEMENTATION OF LEGAL
GUIDELINES
Studying the Legislations of the Developed Countries
Legislations of the developed countries regards disposal and treatment of Used
Transformer oil should be closely considered and studied by the Pollution Control
Board (PCB) and a separate legislation should be created by the PCB keeping in mind
the best practices found in the Legislations of the developed countries studied.
Committee should be constituted for the purpose of this study
Members of this committee should be drawn from amongst various stakeholders.
Committee/Panel members could be possibly from fields like Environment &
Sustainable Development, Environmental NGOs, eminent members from the legal
fraternity (Advocates, Lawyers and Judges) and Subject and Technical Experts
should be consulted for the technical aspects relating to the Disposal of waste
Transformer Oil.
The draft regulation should be widely circulated so as to solicit the suggestions and
views of the various stakeholders
It’s is a healthy practice among the drafters of legislations to circulate the rough draft
among the various stakeholders and to solicit their critical comments and
suggestions on the issues raised and addressed by the rough legislation draft.
Capacity Building
Government will need to promote capacity building to have a good number of quality
laboratories, recyclers, experts in the area to serve as guides to the industry so that
there is a good infrastructure available to effectively manage transformer oil waste.
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CONCLUSION
A strong commitment from the State Governments will help in enhancing
Environmental Management of manufacturing & disposal of Transformer Oil in
Gujarat. As Government in many countries like U.S., Thailand etc had banned PCBs
during 1980; Gujarat in particular and India in general should take action
immediately and set up Policies & Regulations accordingly. PCBs are Toxic and
Carcinogenic. Also they have half life of tens to hundreds of years and categorized as
Persistent Organic Pollutants (POPs).
As energy generation, transmission and distribution sectors are the major users of
Transformer Oil, the policy initiatives by the Government must involve the users in
designing the policies.
Awareness and Capacity building of State Pollution Control Board (SPCB), Gujarat
Pollution Control Board (GPCB), to be able to guide the Industrial community and
monitor the environmental performance is very crucial to the success of any
legislative changes.
Also awareness and capacity in key stakeholders and building enabling
Infrastructure (e.g. testing facilities, infrastructure for storage and handling of waste)
is a must to make laws meaningful.
As a starting point, a law or enforcement, setting a deadline for identification of PCB
inventory in Gujarat is indispensible.
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Article XV. FOOD WASTE
INTRODUCTION
Gujarat is one among the most urbanized states in India with almost 50% of its
population living in urban areas. Population growth has enhanced the quantum of
waste generation, leading to an increase in the level of pollution. Accumulation of
solid waste, especially Municipal Solid Waste (MSW), is a matter of growing concern
in urban areas and this problem has aggravated due to the absence of proper disposal
plans.
The rate of urbanization in Gujarat has increased manifold, as compared to other
States in the country. Therefore, it is imperative that adequate infrastructure
facilities be provided in urban areas to keep pace with the growth in population.
Needless to say, the problem of Solid Waste Management in urban areas is among
the major challenges faced by the local bodies in recent times. Over the years, the
quantum of waste generated has accelerated with urbanization.
Urban Local Bodies are normally responsible for solid waste collection and disposal.
But the magnitude of the problem is well beyond the ability of the smaller local
bodies. Therefore, it is essential to devise suitable mechanisms for developing
integrated solid waste management systems in all the towns and cities, comprising
source reduction, segregation including other important components like collection,
transportation, processing and sanitary landfill operations.
Solid Waste Management which includes Food waste Management is one of the
primary functions of the urban local bodies. In order to scientifically handle and
dispose solid waste, a number of measures are being implemented by the local
bodies. This Legal Guidelines on Food Waste Management has been prepared, based
on the Municipal Solid Waste (Management and Handling) Rules 2000 and the
Manual on Municipal Solid Waste Management by the Central Public Health &
Environmental Engineering Organisation (CPHEEO) with a view to sensitizing the
municipal authorities of the steps that are needed to be implemented for the effective
management of solid waste. This Legal Guidelines also enumerates the types and
characteristics of municipal solid waste, the objectives of municipal solid waste
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management systems and the normative standards for primary and secondary
collection, transportation, processing and disposal of solid waste, landfill operations,
and specifications of tools, equipments and vehicles in Urban Local Bodies; and also
encompasses a comprehensive overview of the systematic steps, which need to be
taken, for sustainable solid waste management in urban centres.
STAGES OF MANAGEMENT FOR SOLID WASTE MANAGEMENT
INCLUDING FOOF WASTE MANAGEMENT BY AMC AND OTHER
AGENCIES:-
• Solid Waste Management
• Municipality Solid Waste
• Hazardous Industrial Waste
• Liquid Waste Management
• Drainage
• Industrial Waste
Our main focus is on Municipal Solid Waste (hereinafter referred as MSW), and
specifically on the Food /Green Waste Management (hereinafter referred as FWM).
FWM includes largely FOUR stages:
1. COLLECTION
2. TRANSPORTATION
3. TREATMENT
4. DISPOSAL
LEGAL GUIDELINES ON FOOD WASTE MANAGEMENT - STATE OF
GUJARAT
1. COLLECTION:
“Collection” means lifting and removal of solid wastes from collection points or any
other location; includes the functions of Door to Door Collection and Road Sweeping.
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2. TRANSPORATION:
“Transportation” means conveyance of municipal solid wastes from place to place
hygienically through specially designed transport system so as to prevent foul odour,
littering, unsightly conditions and accessibility to vectors;
3. TREATMENT:
This process mainly includes treating the collected waste and reducing it to compost
and other beneficial/useful byproducts using various scientific tool /techniques /
technology.
4. DISPOSAL :
“Disposal” means final disposal of municipal solid wastes in terms of the specified
measures to prevent contamination of ground-water, surface water and ambient air
quality;
The residual substance/matter that remains after treatment and extraction of useful
energy, has to be disposed at a fixed place hence this process includes dumping that
residue. It is also known as Inert Waste.
LOOPHOLES OF PRESENT WORKING SYSTEM IN MANAGING THE –
FOOD WASTE MANAGEMENT
1. COLLECTION
The collection process of food waste is not efficient and hence it causes hindrance in
subsequent processes which can be started only if collection of food waste takes place
in efficient manner as demanded.
The problem lies right at the grass root level i.e. at the point of generation the people
are not aware about the segregation of wastes and they simply dump the dry and wet
waste together.
2. TRANSPORTATION:
The garbage collecting vehicles are not particular in time.
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The garbage is even if segregated by the people still finally sweepers mix up while
dumping it in containers, dumper trucks, etc.
The Vehicles emit large amount of Carbon cases causing rise in Green House Gases
(GHG).
3. TREATMENT:
Lack of proper techniques and tools for treatment of food waste.
Lack of advanced scientific technology that converts waste to compost.
Lack of manpower to complete the required processes using machines.
4. DISPOSAL:
Insufficient place to set up a designated area for dumping the residue (Inert Waste).
Lack of motivation because of less financial support from government and other
financial agencies/institutions.
Insufficient awareness regarding the importance of disposal and its benefits.
LEGAL GUIDELINES FOR MANAGING FOOD WASTE
DEFINITIONS FOR THE TERMS USED IN GUIDELINES:
“anaerobic digestion” means a controlled process involving microbial decomposition
of organic matter in the absence of oxygen ;
“authorization” means the consent given by the Board or Committee to the “operator
of a facility” ;
“biodegradable substance” means a substance that can be degraded by micro-
organisms;
“biomethanation” means a process which entails enzymatic decomposition of the
organic matter by microbial action to produce methane rich biogas;
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“collection” means lifting and removal of solid wastes from collection points or any
other location;
“composting” means a controlled process involving microbial decomposition of
organic matter;
“disposal” means final disposal of municipal solid wastes in terms of the specified
measures to prevent contamination of ground-water, surface water and ambient air
quality;
“generator of wastes” means persons or establishments generating municipal solid
wastes;
“landfilling” means disposal of residual solid wastes on land in a facility designed
with protective measures against pollution of ground water, surface water and air
fugitive dust, wind-blown litter, bad odour, fire hazard, bird menace, pests or
rodents, greenhouse gas emissions, slope instability and erosion;
“leachate” means liquid that seeps through solid wastes or other medium and has
extracts of dissolved or suspended material from it;
“municipal authority” means Municipal Corporation, Municipality, Nagar Palika,
Nagar Nigam, Nagar Panchayat, Municipal Council including notified area
committee (NAC) or any other local body constituted under the relevant statutes and,
where the management and handling of municipal solid waste is entrusted to such
agency;
“municipal solid waste” includes commercial and residential wastes generated in a
municipal or notified areas in either solid or semi-solid form excluding industrial
hazardous wastes but including treated bio-medical wastes;
“operator of a facility” means a person who owns or operates a facility for collection,
segregation, storage, transportation, processing and disposal of municipal solid
wastes and also includes any other agency appointed as such by the municipal
authority for the management and handling of municipal solid wastes in the
respective areas ;
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“pelletisation” means a process whereby pellets are prepared which are small cubes
or cylindrical pieces made out of solid wastes and includes fuel pellets which are also
referred as refuse derived fuel (RDF);
“processing” means the process by which solid wastes are transformed into new or
recycled products;
“recycling” means the process of transforming segregated solid wastes into raw
materials for producing new products, which may or may not be similar to the
original products;
“segregation” means to separate the municipal solid wastes into the groups of
organic, inorganic, recyclables and hazardous wastes;
“storage” means the temporary containment of municipal solid wastes in a manner
so as to prevent littering, attraction to vectors, stray animals and excessive foul
odour;
“transportation” means conveyance of municipal solid wastes from place to place
hygienically through specially designed transport system so as to prevent foul odour,
littering, unsightly conditions and accessibility to vectors;
“vermicomposting” is a process of using earthworms for conversion of bio-
degradable wastes into compost;
GUIDELINES TO BE IMPLEMENTED BY DIFFERENT BODIES IN PRESENT WORKING SYSTEM FOR BETTER MANAGEMENT OF FWM
GUIDELIINES FOR MUNICIPAL AUTHORITY:
Every municipal authority shall, within the territorial area of the municipality, be
responsible for the implementation of the provisions of these rules, and for any
infrastructure development for collection, storage, segregation, transportation,
processing and disposal of municipal solid wastes.
The municipal authority or an operator of a facility shall make an application, for
grant of authorization for setting up waste processing and disposal facility including
landfills from the State Board or the Committee in order to comply with the
implementation programme.
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The municipal authority shall comply with these rules.
The municipal authority shall furnish its annual report:
to the Secretary-Incharge of the Department of Urban Development of the concerned
State or as the case may be of the Union territory, in case of a metropolitan city ; or
to the District Magistrate or the Deputy Commissioner concerned in case of all other
towns and cities, with a copy to the State Board or the Committee.
GUIDELINES FOR THE STATE GOVERNMENT AND UNION TERRITORY ADMINISTRATION:
The Secretary –incharge of the Department of Urban Development of the concerned
State or the Union territory, as the case may be, shall have the overall responsibility
for the enforcement of the provisions of these rules in the metropolitan cities.
The District Magistrate or the Deputy Commissioner of the concerned district shall
have the overall responsibility for the enforcement of the provisions of these rules
within the territorial limits of their jurisdiction.
GUIDELINES FOR THE CENTRAL POLLUTION CONTROL BOARD (CPCB);
STATE POLLUTION CONTROL BOARD(SPCB) AND COMMITEES:
The State Board or the Committee shall monitor the compliance of the Standards
regarding ground water, ambient air, leachate quality and the compost quality
including incineration standards
The State Board or the Committee, after the receipt of application from the
municipal authority or the operator of a facility for grant of authorization for setting
up waste processing and disposal facility including landfills, shall examine the
proposal taking into consideration the views of other agencies like the State Urban
Development Department, the Town and Country Planning Department, Air Port or
Air Base Authority, the Ground Water Board or any such other agency prior to
issuing the authorization.
The State Board or the Committee shall issue the authorization to the municipal
authority or an operator of a facility, stipulating compliance criteria and standards.
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The authorization shall be valid for a given stipulated period and after the validity is
over, a fresh authorization shall be required.
The Central Pollution Control Board shall co-ordinate with the State Boards and the
Committees with particular reference to implementation and review of standards
and guidelines and compilation of monitoring data.
GUIDELINES FOR MUNICIPAL SOLID WASTE MANAGEMENT / FOOD WASTE MANAGEMENT:
Any municipal solid waste generated in a city or a town, shall be managed and
handled in accordance with the compliance criteria and the procedure laid down in
Schedule –I.
The waste processing and disposal facilities to be set up by the municipal authority
on their own or through an operator of a facility shall meet the specifications and
standards as specified in Schedule - II and III.
GUIDELINES FOR SUBMISSION ANNUAL REPORTS:
The Gujarat State Board and the Committees shall prepare and submit to the Central
Pollution Control Board an annual report with regard to the implementation of these
rules by the 15th of September every year.
The Central Pollution Control Board shall prepare the consolidated annual review
report on management of municipal solid wastes and forward it to the Central
Government alongwith its recommendations before the 15th of December every year.
