environment law project : LOL SORRYFull description
Sps. Solitarios vs Sps Jacque
Full description
drfyggvbhjFull description
health lawFull description
THE REVISED PENAL CODE
"Хууль дээдлэх ёс" сэтгүүл №1 /2017/
ENVIRONMENTAL LAW PROJECT TOPIC –
The Inte Intern rnat atio iona nall Law Law on Trans rans-b -bou ound ndar ary y movement of Hazardous Waste
PRESENTED BY- DEEPANSHU MEHTA BA LLB {HONS} 8th SEMISTER ROLL NO- 21/11
ACNOWLED!MENTS I wish to thank my teacher Proff. Dr. SABINA SALIM for allotting me this project topic and hence in a way giing me this opport!nity to enhance my endeao!rs "y getting more knowledge thro!gh this project. I wo!ld like to thank my parents and all friends who helped me in completing this project. I wo!ld like to coney my sincere regards
to
eeryone
completing the project.
associated
in
Introduction
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal usually !nown as the Basel Convention is an international treaty that was desi"ned to redu#e the movements of hazardous waste between nations and spe#ifi#ally to prevent transfer
of
hazardous
waste
from developed to less
developed
#ountries $LDCs%& It does not however address the movement of radioa#tive waste& The Convention is also intended to minimize the amount and to'i#ity of wastes "enerated to ensure their environmentally sound mana"ement as #losely as possible to the sour#e of "eneration and to assist LDCs in environmentally sound mana"ement of the hazardous and other wastes they "enerate& The Convention was opened for si"nature on (( Mar#h )*+* and entered into for#e on , May )**(& s of .anuary (/), )+( states and the 0uropean 1nion are parties to the Convention& Haiti and the 1nited 2tates have si"ned the Convention but not ratified it&
Ba#!"round The mana"ement of hazardous wastes has been on the international environmental a"enda from the early )*+/s when it was in#luded as one of three priority areas in the 1nited 3ations 0nvironment 4ro"ramme5s $1304% first Montevideo 4ro"ramme on 0nvironmental Law in )*+)& The volume of hazardous waste "enerated annually worldwide has in#reased from rou"hly five million metri# tons in )*67 to in e'#ess of 8// million metri# tons in )*++& The overwhelmin" ma9ority of the amount of waste
"enerated in )*++ an estimated (:, million metri# tons-was "enerated by the 1nited 2tates with another thirty-five million metri# tons from Western 0uropean #ountries& While the amount of waste has risen dramati#ally in the 1nited 2tates and Western 0urope the e'pense of ade;uately disposin" of this waste has in#reased enormously in some #ases surpassin" <(/// per metri#
ton& In addition spa#e for su#h waste is on the de#line as
in#reasin"ly stri#t re;uirements have prompted many disposal fa#ilities to #lose parti#ularly in the 1nited 2tates& wa!enin" environmental awareness and #orrespondin" ti"htenin" of environmental re"ulations in the industrialized world in the )*7/s and )*+/s had led to in#reasin" publi# resistan#e to the disposal of hazardous wastes = in a##ordan#e with what be#ame !nown as the 3IMB> $3ot In My Ba#! >ard% syndrome = and to an es#alation of disposal #osts& This in turn led some operators to see! #heap disposal options for hazardous wastes in 0astern 0urope and the developin" world where environmental awareness was mu#h less developed and re"ulations and enfor#ement me#hanisms were la#!in"& It was a"ainst this ba#!"round that the Basel Convention was ne"otiated in the late )*+/s and its thrust at the time of its adoption was to #ombat the ?to'i# trade@ as it was termed& It was adopted in )*+* and entered into for#e in )**(
Moreover the Anot in my ba#!yardA $3IMB>% philosophy of nearby residents has prevented #onstru#tion of many new fa#ilities& s a result 1nited 2tates and Western 0uropean waste produ#ers have loo!ed elsewhere to dispose of their waste& The developed #ountries also have turned to
developin" #ountries for disposal of hazardous waste in transa#tions often arran"ed
by waste bro!ers& The e#onomi#s of su#h disposal allow
developin" #ountries to dispose of hazardous waste at far lower #osts while still providin" the re#eivin" nation with substantial revenue& Be#ause these #ountries may be ill-e;uipped to handle the waste properly however the wastes #an present health and environmental problems for the re#eivin" nation& 0ven fa#ed with su#h a prospe#t poor #ountries find it diffi#ult to de#line su#h a#tivities be#ause of the sheer amount of revenue possible& or e'ample uinea Bissau entered into several #ontra#ts to re#eive meri#an and 0uropean wastes over a five year period for <:// million whi#h rou"hly mat#hes its annual "ross national produ#t& 0ven thou"h uinea Bissau subse;uently #an#eled the #ontra#t $due to pres sure from its nei"hbors%
the situation
refle#ts the dilemma
#onfronted by many emer"in" nations fa#in" monetary offers to re#eive hazardous waste& The e'port of hazardous waste to developin" #ountries has #reated problems for several reasons& irst a number of e'porters have mis informed or de#eived the re#ipient #ountry of the true #ontents of the waste& 2e#ond many #ountries do not possess the ne#essary te#hnolo"y or e'pertise to properly
dispose of hazardous
wastes&A
Third
the
transportation and disposal of hazardous waste itself has been frau"ht with problems& In the past several years there have been numerous prominent events some of whi#h in#ludeE
-Mismar!ed barrels of hazardous waste from 2in"apore labeled for a false destination sat un#laimed on a Ban"!o! Thailand
do#! for years
releasin" their to'i# #ontents to the environment& -In
Fo!o 3i"eria +/// improperly mar!ed barrels of hazardous waste
were inade;uately stored and they lea!ed into the environment& Italy ultimately a"reed to repa#!a"e the wastes and return them to Italy after other #ountries refused to a##ept the waste on the Farin B& -The
Fhian 2ea #arryin" muni#ipal ash from 4hiladelphia ferried its
waste around the world for several years as nation after nation re fused to let it dispose of the waste before the waste was finally dumped& -The
.unior the Herald of ree 0nterprise and the Glar ea#h vessel
#arryin" hazardous waste #apsized at sea releasin" their #ontents& -1nited
2tates e'porters falsely labelled hazardous military wastes and
disposed of them improperly in imbabwe& -adioa#tive wastes from various 0uropean #ountries and the 2oviet 1nion have been dumped in Benin without ade;uate treatment&A -The
uinea island of Fassa re#eived ),/// tons of material im
properly labelled as raw material for bri#!s& fter the death of nearby ve"etation the wastes were analyzed and dis#overed to be in#inerator ash&(, -Wor!ers at ports in the 1nited Fin"dom de#lined to unload 4CB waste shipped from Canada for in#ineration in the 1nited Fin"dom&
s a result of su#h events the Gr"anization of fri#an 1nity passed a resolution in )*++ #ondemnin" the disposal of hazardous wastes in fri#a and demandin" that those responsible #lean up the wastes&A 2everal member nations have ena#ted laws penalizin" the unlawful dis posal of hazardous waste most notably 3i"eria whi#h has threatened to impose the death penalty for improper disposal&A The amount of hazardous waste e'ported either "lobally or to devel opin" #ountries is un!nown&(+ urthermore the #onse;uen#e of su#h e'ports is e;ually elusive& 3evertheless the events dis#ussed above evi den#e the e'isten#e of at least some problems and more importantly the per#eption of su#h problems& Due to these events environmental "roups su#h as reenpea#e and the 3atural esour#es Defense Coun#il have #alled for a ban on all e'ports of hazardous waste&(*
ban on e'ports however
may be #ounterprodu#tive reenpea#e and the 3atural esour#es Defense Coun#il have #alled for a ban on all e'ports of hazardous waste& ban on e'ports however may be #ounterprodu#tive& 0#onomi# effi#ien#ies may be a#hieved throu"h disposal at forei"n sites& Moreover e'ports to these forei"n fa#ilities may provide for more environmentally prote#tive disposal be#ause they may be better e;uipped to handle #ertain wastes& dditionally soverei"nty ri"hts of individual #ountries may be subverted if they are forbidden from ele#tin" to re#eive su#h wastes&A reasons the world #ommunity
or these and other
has #hosen throu"h 1304 to re"ulate
rather than ban e'ports of hazardous wastes& In
)*+7 1304 adopted
the Cairo uidelines and 4rin#iples for the
0nvironmentally 2ound Mana"ement
of Hazardous
Wastes $Cairo
uidelines% whi#h set forth re#ommendations re"ardin" the e'port of
hazardous waste& The Cairo uidelines #all for notifi#ation to re#eivin" and transit nations of any e'port and #onsent by those nations prior to e'port& The e'porter is to ensure that the disposal site is ade;uate to handle the hazardous waste and that disposal #omplies with re;uire ments at least as strin"ent as those in the e'portin" nation& ollowin" the adoption of the Cairo uidelines 1304
sou"ht to
embody similar prin#iples in a Convention& Wor! be"an with an or"anizational meetin" in Budapest Hun"ary in G#tober )*+7& Confli#tin" views on ma9or matters impeded rea#hin" an a"reement& 2ome #ountries pressed for a #omplete ban on the trade of hazardous waste while others ur"ed for minimal re"ulation& The Conferen#e of 4lenipotentiaries on the lobal Convention on the Control of Transboundary Movements of Hazardous Wastes #onvened at the invitation of the 2wiss overnment from (/ to (( Mar#h )*+* in Basel and in whi#h )): 2tates were represented #onsidered the final draft of the Convention submitted to it by the Wor!in" roup& The Basel Convention was adopted unanimously by the Conferen#e on (( Mar#h )*+*& The Conferen#e also adopted ei"ht resolutions related to the further development and the implementation of the Basel Convention&
Definition of hazardous waste waste falls under the s#ope of the Convention if it is within the #ate"ory of wastes listed in nne' I of the Convention and it e'hibits one of the hazardous #hara#teristi#s #ontained in nne' III& In other words it must both be listed and possess a #hara#teristi# su#h as bein" e'plosive
flammable to'i# or #orrosive& The other way that a waste may fall under the s#ope of the Convention is if it is defined as or #onsidered to be a hazardous waste under the laws of either the e'portin" #ountry the importin" #ountry or any of the #ountries of transit& Hazardous waste as under the anne'ure ) of this very #onvention #ontains the wastes as followsE Clini#al wastes from medi#al #are in hospitals medi#al #enters and #lini#s Wastes from the produ#tion and preparation of pharma#euti#al produ#ts Waste pharma#euti#als dru"s and medi#ines Wastes from the produ#tion formulation and use of bio#ides and phytopharma#euti#als Wastes from the manufa#ture formulation and use of wood preservin" #hemi#als Wastes from the produ#tion formulation and use of or"ani# solvents Wastes from heat treatment and temperin" operations #ontainin" #yanides Waste mineral oils unfit for their ori"inally intended use Waste oilsJwater hydro#arbonsJwater mi'tures emulsions Waste substan#es and arti#les #ontainin" or #ontaminated with poly#hlorinated biphenyls $4CBs% andJor poly#hlorinated terphenyls $4CTs% andJor polybrominated biphenyls $4BBs% Waste tarry residues arisin" from refinin" distillation and any pyrolyti# treatment Wastes from produ#tion formulation and use of in!s dyes pi"ments paints la#;uers varnish Wastes from produ#tion formulation and use of resins late' plasti#izers "luesJadhesives Waste #hemi#al substan#es arisin" from resear#h and development or tea#hin" a#tivities whi#h are not identified andJor are new and whose effe#ts on man andJor the environment are not !nown Wastes of an e'plosive nature not sub9e#t to other le"islation Wastes from produ#tion formulation and use of photo"raphi# #hemi#als and pro#essin" materials
Wastes resultin"
from surfa#e treatment of metals and plasti#s esidues arisin" from industrial waste disposal operations& urther this very anne'ure also in#ludes the followin" elements and their #ompounds as waste e&"& Metal #arbonyls Beryllium He'avalent #hromium Copper in# rseni# 2elenium Cadmium ntimony Tellurium Mer#ury Thallium Lead Inor"ani# fluorine #ompounds e'#ludin" #al#ium fluoride Inor"ani# #yanides #idi# solutions or a#ids in solid form Basi# solutions or bases in solid form sbestos $dust and fibres% Gr"ani# phosphorus #ompounds Gr"ani# #yanides 4henolsK phenol #ompounds in#ludin" #hlorophenols 0thers Halo"enated or"ani# solvents Gr"ani# solvents e'#ludin" halo"enated solvents ny #on"enor of poly#hlorinated dibenzo-furan ny #on"enor of poly#hlorinated dibenzo p-dio'in Gr"anohalo"en #ompound& The anne'ure also #ontains the hazard levels of various !inds of waste and their priority in whi#h they have to be dealt with&
General ObligationsE These are the "eneral obli"ations whi#h shall apply to all the si"natory #ountriesJnations& )& $a% 4arties e'er#isin" their ri"ht to prohibit the import of hazardous wastes or other wastes for disposal shall inform the other 4arties of their de#ision pursuant to rti#le )8& $b% 4arties shall prohibit or shall not permit the e'port of hazardous wastes and other wastes to the 4arties whi#h have prohibited the import of su#h wastes when notified pursuant to subpara"raph $a% above&
$#% 4arties shall prohibit or shall not permit the e'port of hazardous wastes and other wastes if the 2tate of import does not #onsent in writin" to the spe#ifi# import in the #ase where that 2tate of import has not prohibited the import of su#h wastes& (& 0a#h 4arty shall ta!e the appropriate measures toE $a% 0nsure that the "eneration of hazardous wastes and other wastes within it is redu#ed to a minimum ta!in" into a##ount so#ial te#hnolo"i#al and e#onomi# aspe#tsK b%
0nsure the availability of ade;uate disposal fa#ilities for the
environmentally sound mana"ement of hazardous wastes and other wastes that shall be lo#ated to the e'tent possible within it whatever the pla#e of their disposalK
$#% 0nsure that persons involved in the mana"ement of hazardous wastes or other wastes within it ta!e su#h steps as are ne#essary to prevent pollution due to hazardous wastes and other wastes arisin" from su#h mana"ement and if su#h pollution o##urs to minimize the #onse;uen#es thereof for human health and the environmentK
$d% 0nsure that the transboundary movement of hazardous wastes and other
wastes
is
redu#ed
to
the
minimum
#onsistent
with
the
environmentally sound and effi#ient mana"ement of su#h wastes and is #ondu#ted in a manner whi#h will prote#t human health and the environment a"ainst the adverse effe#ts whi#h may result from su#h movementK
$e% 3ot allow the e'port of hazardous wastes or other wastes to a 2tate or "roup of 2tates belon"in" to an e#onomi# andJor politi#al inte"ration or"anization that are 4arties parti#ularly developin" #ountries whi#h have prohibited by their le"islation all imports or if it has reason to believe that the wastes in ;uestion will not be mana"ed in an environmentally sound manner a##ordin" to #riteria to be de#ided on by the 4arties at their first meetin"K $f % e;uire that information about a proposed transboundary movement of hazardous wastes and other wastes be provided to the 2tates #on#erned a##ordin" to nne' to state #learly the effe#ts of the proposed movement on human health and the environmentK
$"% 4revent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in ;uestion will not be mana"ed in an environmentally sound mannerK
$h% Co-operate in a#tivities with other 4arties and interested or"anizations dire#tly and throu"h the 2e#retariat in#ludin" the dissemination of information on the transboundary movement of hazardous wastes and other wastes in order to improve the environmentally sound mana"ement of su#h wastes and to a#hieve the prevention of ille"al traffi#&
8& The 4arties #onsider that ille"al traffi# in hazardous wastes or other wastes is #riminal&
6& 0a#h 4arty shall ta!e appropriate le"al administrative and other measures to implement and enfor#e the provisions of this Convention in#ludin" measures to prevent and punish #ondu#t in #ontravention of the Convention&
,&
4arty shall not permit hazardous wastes or other wastes to be
e'ported to a non-4arty or to be imported from a non-4arty&
:& The 4arties a"ree not to allow the e'port of hazardous wastes or other wastes for disposal within the area south of :/ 2outh latitude whether or not su#h wastes are sub9e#t to transboundary movement& 7& urthermore ea#h 4arty shallE $a% 4rohibit all persons under its national 9urisdi#tion from transportin" or disposin" of hazardous wastes or other wastes unless su#h persons are authorized or allowed to perform su#h types of operationsK $b% e;uire that hazardous wastes and other wastes that are to be the sub9e#t of a transboundary movement be pa#!a"ed labelled and transported in #onformity with "enerally a##epted and re#o"nized international rules and standards in the field of pa#!a"in" labellin" and transport and that due a##ount is ta!en of relevant internationally re#o"nized pra#ti#esK $#% e;uire that hazardous wastes and other wastes be a##ompanied by a movement do#ument from the point at whi#h a transboundary movement #ommen#es to the point of disposal&
+& 0a#h 4arty shall re;uire that hazardous wastes or other wastes to be e'ported are mana"ed in an environmentally sound manner in the 2tate of
import or elsewhere& Te#hni#al "uidelines for the environmentally sound mana"ement of wastes sub9e#t to this Convention shall be de#ided by the 4arties at their first meetin"&
*&
4arties shall ta!e the appropriate measures to ensure that the
transboundary movement of hazardous wastes and other wastes only be allowed ifE $a% The 2tate of e'port does not have the te#hni#al #apa#ity and the ne#essary fa#ilities #apa#ity or suitable disposal sites in order to dispose of the wastes in ;uestion in an environmentally sound and effi#ient mannerK or $b% The wastes in ;uestion are re;uired as a raw material for re#y#lin" or re#overy industries in the 2tate of importK or $#% The transboundary movement in ;uestion is in a##ordan#e with nother #riteria to be de#ided by the 4arties provided those #riteria do not differ from the ob9e#tives of this Convention&
)/& The obli"ation under this Convention of 2tates in whi#h hazardous wastes and other wastes are "enerated to re;uire that those wastes are mana"ed in an environmentally sound manner may not under any #ir#umstan#es be transferred to the 2tates of import or transit&
))&
3othin" in this Convention shall prevent a 4arty from imposin"
additional re;uirements that are #onsistent with the provisions of this Convention and are in a##ordan#e with the rules of international law in order better to prote#t human health and the environment&
)(& 3othin" in this Convention shall affe#t in any way the soverei"nty of 2tates over their territorial sea established in a##ordan#e with international law and the soverei"n ri"hts and the 9urisdi#tion whi#h 2tates have in their e'#lusive e#onomi# zones and their #ontinental shelves in a##ordan#e with international law and the e'er#ise by ships and air#raft of all 2tates of navi"ational ri"hts and freedoms as provided for in international law and as refle#ted in relevant international instruments&
)8& 4arties shall underta!e to review periodi#ally the possibilities for the redu#tion of the amount andJor the pollution potential of hazardous wastes and other wastes whi#h are e'ported to other 2tates in parti#ular to developin" #ountries&
Indian Perspective on the Basel convention and its effects: Hazardous wastes belon" to the #ate"ory of spe#ial wastes havin" #onstituents of #hemi#als metals and other #ompounds whi#h #an #ause environmental pollution& In order to re"ulate and ensure environmentally sound mana"ement of the hazardous wastes the ovt& of India notified the Hazardous Wastes $Mana"ement N Handlin"% ules )*+* under the 0nvironment $4rote#tion% #t )*+:& The overnment of India has ratified the Basel Convention on the #ontrol of transboundary movement of hazardous wastes and their disposal $under the ae"is of 1304%& 4rovisions and #ertain de#isions of the Basel Convention will have to be harmonised within the domesti# le"islation a##ordin" to the India5s #ommitment to the Convention& These will have impli#ations on the Indian industry and environment&
fter ratifi#ation of this #onvention India will be unable to sour#e hazardous wastes for treatment from Gr"anization for 0#onomi# Cooperation and Development $G0CD% #ountries be#ause of the ban& The #onvention re;uires spe#ialized treatment fa#ilities in order to ensure an environmentally sound re#overy or disposal& Therefore transboundary shipment of hazardous waste is re"ulated by the #onvention& Import of hazardous waste is le"ally prohibited in India but the import may be allowed for the purpose of re#y#lin" re#overy or reuse O+6P& However the #onvention is unable to prevent inflow of hazardous wastes into India from #ountries that have not ratified the a"reement $12 and other northern developed #ountries%& Industrialized #ountries want to dump their wastes in developin" #ountries su#h as India due to stri#t re"ulations of disposal and mana"ement of su#h wastes in their own #ountry& estri#tions imposed by the #onvention aim at en#oura"in" si"natory #ountries to redu#e "eneration and disposal in safe manner&
National Hazardous Waste anage!ent "trateg# The hazardous waste mana"ement strate"y in#orporates the essen#e of 3ational 0nvironmental 4oli#y (//: relevant multilateral environmental a"reements li!e Basel Convention and the national re"ulations& It deals with effe#tive mana"ement of hazardous wastes to avoid environmental pollution #all for appropriate strate"y for re"ulatory bodies "enerators re#y#lers and operators& The strate"y also fa#ilitates a#tion
plan
as
implementation
of
per 3ational 0nvironment 4oli#y (//: and obli"ations
under the Basel Convention& ppli#ation of
Qpolluter pays prin#iple5
inventory of hazardous waste "eneration #ement !ilns for in#ineration
#ommon treatment stora"e and disposal fa#ilities interstate transportation safe disposal ille"al dump sites remediation and stren"thenin" of the infrastru#ture of re"ulatory bodies are some #ore areas of immediate attention in this field& urther India has ena#ted the followin" a#ts in a##ordan#e of the Basel #onvention&
Hazardous Waste $anage!ent and Handling% &!ended 'ules( )**+ The Ministry of 0nvironment and orests has promul"ated Hazardous Wastes $Mana"ement and Handlin"% ules )*+* and amended the same in (/// and (//8 for effe#tive mana"ement and handlin" of hazardous wastes& These rules define hazardous waste as Qany waste whi#h by reason of any of its physi#al #hemi#al rea#tive to'i# flammable e'plosive or #orrosive #hara#teristi#s #auses dan"er or is li!ely to #ause dan"er to health or environment whether alone or when on #onta#t with other wastes or substan#es& There are 8: types of industrial pro#esses listed in s#heduleI of these rules& Wastes #ontainin" H" s waste sbestos $dust or fibers% waste oil et#& are in the list of banned wastes for import and e'port& The (//8 amendment rules have e'#luded biomedi#al wastes M2W wastes and wastes related with lead batteries from the list of hazardous wastes as these are #overed under spe#ial rules& These rules have also listed the hazardous wastes mainly mer#ury its #ompounds #lini#al and related wastes whi#h are prohibited for import and e'port &
,he Hazardous
Wastes
$anage!ent(
Handling and
,ransboundar# ove!ent% 'ules( )**The rules establish responsibility for safe and environmentally sound handlin" of wastes by any Qo##upier5 of hazardous waste& Qe#y#lin"5 is defined as Qre#lamation or repro#essin" of hazardous waste in an environmentally sound manner for the ori"inal purpose or other purposes5& The o##upier and operator of a fa#ility shall be responsible for proper #olle#tion re#eption treatment stora"e and disposal of hazardous wastes & It is also the duty of o##upier and operator to prevent a##idents and limit their #onse;uen#es provide information trainin" and e;uipment to persons wor!in" on-site to ensure safety& person en"a"ed in all types of handlin" of su#h wastes must obtain an authorization from #on#erned 24CB& The o##upier or handler may store hazardous wastes for a period up to */ days& He has to !eep the re#ords of sale transfer stora"e re#y#lin" and repro#essin" of su#h wastes and shall ma!e it available for inspe#tion& ny o##upier may only sell or transfer it to a re#y#ler havin" a valid re"istration from the C4CB& In order to use hazardous wastes for ener"y "eneration the o##upier has to obtain approval from C4CB& ny persons who wish to operate a Qfa#ility5 for the mana"ement of hazardous wastes must have treatment stora"e and disposal fa#ility $T2D% in #omplian#e with the te#hni#al "uidelines issued by the C4CB& The state "overnment o##upier or any asso#iation shall identify possible sites for disposal fa#ility but only after preliminary impa#t assessment studies& In #ase of interstate transport of hazardous wastes for final disposal Q3o Gb9e#tion Certifi#ate5 is must #ondition from 24CB5s of both states& The o##upier transporter and operator of a fa#ility shall be
liable for dama"es #aused to the environment resultin" due to improper handlin" and disposal of hazardous waste& In addition to these rules the "overnment has moved to ena#t into le"islation additional in#entives for industries to #omply with environmental provisions In this vein the 4ubli# Liability Insuran#e #t )**) was adopted to re;uire industries dealin" with hazards and to ensure a"ainst a##idents or dama"es #aused by pollutants& The 3ational 0nvironmental Tribunal #t )**, provides provisions for e'peditious remedies to parties in9ured by environmental #rimes& Le"islation on a Community i"ht to Fnow )**: has also been adopted to provide more a##ess to information re"ardin" potential hazards from industrial operations&
Bio!edical Waste $anage!ent and Handling% 'ules( .//a!ended )*.. Mana"ement of biomedi#al wastes $BMW% is "overned by the Biomedi#al Waste $Mana"ement and Handlin"% ules )**+ and are published under 04)*+: & 4rior to )**+ the mana"ement of health#are waste in India was the responsibility of muni#ipal or "overnmental authorities& Hospitals "enerate various !inds of wastes from wards operation theatres and outpatient
areas&
These
wastes
in#lude
banda"es #otton soiled linen body parts sharps $needle syrin"es et#%
medi#ines
$dis#arded
or
e'pired% laboratory wastes et#& Gther
wastes "enerated in health#are settin"s in#lude radioa#tive wastes mer#ury #ontainin" instruments and polyvinyl #hloride $4C% plasti#s& These are amon" the most environmentally sensitive by-produ#ts of
health#are&
Tuber#ulosis pneumonia
diarrhoeal
diseases
tetanus
whoopin" #ou"h et#& are other #ommon diseases spread due to improper waste mana"ement & The "overnment hospitals and ma9or private hospitals have their own arran"ement for treatment of biomedi#al waste& La!shmi ar"ues that the mana"ement of health #are waste in India is Qblea!5& It is #ommon s#ene in India that biomedi#al waste "enerated from health #are fa#ilities in most of the pla#es are #olle#ted without se"re"ation and are disposed in muni#ipal bins lo#ated either inside or outside the fa#ility premises& These rules apply to all persons who "enerate #olle#t re#eive store transport treat dispose or handle biomedi#al waste in any form&
,he Batteries $anage!ent and Handling% 'ules( )**. &!end!ent )*.* The Batteries $Mana"ement and Handlin"% ules (//) amended in (/)/ apply to every manufa#turer importer re-#onditioner assembler dealer re#y#ler au#tioneer #onsumer and bul! #onsumer involved in manufa#ture pro#essin" sale pur#hase and use of batteries& They also ensure that used batteries are #olle#ted ba#! for the purpose of re#y#le or proper disposal& These rules also re;uired to file a half-yearly return of their sales and buy-ba#! to the #on#erned state board set up #olle#tion #enters and ensure that used batteries are sent only to the re"istered re#y#lers without any dama"e to the environment& It is also the duty of produ#ers and others to raise publi# awareness publi#ations posters or by other means a"ainst the hazards of lead& It is the responsibility of #onsumers to return their used batteries only to the dealers at desi"nated
#olle#tion #enters to avoid environmental dama"e& The importer shall "et himself re"istered with Mo0& Gnly one e'port-import $0RIM% #ode e'ists for both old and new #omputers preventin" tar"eted #omplian#e monitorin"& urthermore imports are often falsely de#lared to be for #harity "oin" instead to informal re#y#lers or be#omin" e-waste within two or three years& La#!in" an effe#tive enfor#ement me#hanism and awareness throu"hout the #ountry the le"islation remains fruitless as the su##ess at sele#ted urban areas #annot form the basis of ideal output as e'pe#ted&
Bibliograph#
& .aswal 4& F .aswal 3ishtha Environmental Law 8rd 0dition (/)8 aridabadE llahabad Law "en#y&
