Waste Legislation Across the Globe

CHAPTER 2

Waste Legislation Across the Globe: An Overview Anoop Jaiswal1, Sunil Kumar2 1

CSIR e National Environmental Engineering Research Institute (NEERI), Solid and Hazardous Waste Management Division (SHWMD), Nagpur, India; 2Solid and Hazardous Waste Management Division, CSIR e National Environmental Engineering Research Institute, Nagpur, India

1. Introduction The mere origin of humankind on the planet Earth is a gift of nature. Human beings were blessed with the power of intellect to ensure a comfortable living and peaceful coexistence with the other inhabitants of the planet. With the pace of time, the power of intellect was stretched far in the name of development and resulted in a loss of biodiversity and environmental degradation directly or indirectly from anthropogenic activities. Human-led urbanization triggered a chain of demolition in the natural surroundings and posed a significant threat to the existence of floral and faunal races equally on all the continents. The advancement of civilization brought several undesirable by-products, such as atmospheric pollution, land pollutiondin general, environmental pollution. In recent years, waste management has emerged as a thriving environmental issue due to the accelerated production of waste and complexity in characterization. Broadly, waste can be classified into two categories, hazardous waste and municipal solid waste. These two categories alone account for a major share of the net waste production. Hazardous waste has been a subject of detailed assessment since the early 1980s unregulated toxic wastes led to profound health effects across the globe [1]. Despite having a regulatory framework in different countries, waste production has always been a headache affecting all life forms. Solid waste is generally nontoxic, but it may contain a mixture of inert and toxic components, and that is why it requires safe handling, timely management, and apt disposal to avoid any mishaps at a greater magnitude. Realizing the need to control the ongoing sequence, which may cause catastrophes in the near future, governments of various countries around the planet have laid out regulatory

Current Developments in Biotechnology and Bioengineering. https://doi.org/10.1016/B978-0-444-64083-3.00002-6 Copyright © 2019 Elsevier B.V. All rights reserved.

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12 Chapter 2 measures, also known as legislation, and reinforced the existing laws to bind individuals and organizations to abide by the safety rules for a sound living.

2. Challenges Posed by the Waste Menace Increasing waste generation rates have emerged as a major challenge to environmental sustainability in the existing scenario. In 2012, the total solid waste generation per year by the world’s cities was found to be 1.3 billion tons, which accounted for an ecological footprint of 1.2 kg/person/day. As a result of rapid growth in population coupled with urbanization, it is predicted that municipal waste generation will reach 2.2 billion tons by the end of 2025 [2]. Open burning and improper waste dumping practices in developing and underdeveloped countries cause serious health issues, threaten safety, and result in environmental consequences. Irregular management of waste leads to the spread of diseases by serving as a breeding ground for the disease vectors, drives the pace of climate change by methane generation, and causes the city space to fall short of the channelized manner of waste management. Proper management of waste is a necessity to have sustainable cities, but it has also emerged as a major task for most of the developing and underdeveloped countries as well. Some of the challenges that these nations will encounter is on the financial front and in possessing efficient, socially supported, and sustainable integrated municipal systems [2].

3. Environmental Defiling and Legislation Legislation is driven by the agenda of balancing economic growth on one hand, and on the other controlling the anthropogenic activities responsible for environmental deterioration in the first place. Laws concerned with pollution of the environment are generally derived from two sources, statute and the common law. The common law is chiefly used by riparian owners to preserve and protect their proprietary rights against pollution by the intervention of civil courts. Common law is a simple measure that protects the right of a proprietor of land to preserve its land in a natural state of purity. Anyone causing harm to the land infringes on the proprietary rights of the owner, enabling the owner to take legal action for nuisance against the infringer. The statute law is committed to preventing pollution by safeguarding the surroundings with a set of suggested measures and taking legal action in criminal courts against offenders polluting the natural surroundings [3]. Both laws venture into safeguarding the environment but at different levels. The common law aims to provide justice to the owner whose proprietary rights are infringed upon, whereas the statute law ascertains just actions against the polluter as a measure to protect against further intoxication of the environment. Both laws together form the backbone of environmental legislation [3].

Waste Legislation Across the Globe: An Overview 13 Any undesirable changes in the environment that alter the physical, chemical, or biological characteristics of the natural boundaries are considered to be a result of pollution. One of the basic steps, before considering the question of pollution, is to know the source and possible measures to take action. The laws dealing with pollution have developed enough to prevent the sustained contamination of natural surroundings, except in case of an accident. Countries across the globe have set up small authorities exercising jurisdiction over places, keeping control over things and maintaining efficient administration of pollution prevention in their respective areas [3]. Advances in scientific and technical research have no doubt aided the scientifically and environmentally sound management of waste, not only restricting disposal but also promoting waste-to-energy and waste-to-wealth initiatives. However, when deciding the threshold of any possible manner of waste disposal and management, corresponding legislation comes into play. These legislations draw a line up to which an area can be used for waste disposal and define what technology can be employed, when and to what limit, so that it does not pose another challenge for environmental sustainability.

4. Legislation and Waste Management: A Global Perspective The onset of urbanization did accelerate the pace of modernization, but it was also coupled with ever-increasing waste production and change in weather regimes. Different regions of the world are facing waste-driven issues of very different magnitudes, so the policies to safeguard the surroundings vary as per the need and the severity of the waste management and waste production [4]. One can easily understand this by the existing demarcation between the waste management issues in the developed, developing, and underdeveloped countries. The economies of developing countries are generally not as strong as the economies of developed countries. The lifestyle and product preferences in economically weaker countries are very different from any of the developed nations, which ultimately leads to less waste production in comparison. On the other side, economically weaker countries in the developing world often do not have adequate waste management policies or systems, waste collection services, or a relevant department to properly manage their wastes in comparison with the developed nations (Table 2.1). The majority of the developing countries do not have any organized measures to control the solid waste menace. These countries lack a regulated garbage collection and segregation. Regulations, in general, vary among countries, and even towns and cities sometimes. Lack of available funds prevents regulatory bodies from forming, effectively implementing, and regulating proper waste management policies and systems. Lack of funds is also associated with the poor salaries in the profession, which discourages

14 Chapter 2 Table 2.1: Urban Municipal Solid Waste Generation in Selected Asian Countries [13] Type of Income

Country

GNP per Capita (US$)

Low

Nepal Bangladesh Myanmar Vietnam India Laos China Sri Lanka Low-income countries’ average Middle Indonesia Philippines Thailand Malaysia Middle-income countries’ average High Republic of Korea Hong Kong Singapore Japan High-income countries’ average

200 240 240 240 340 350 620 700 490 980 1,050 2,740 3,890 1,410 9,700 22,990 26,730 39,640 30,990

Current Urban MSW Generation (kg/capita/day) 0.50 0.49 0.45 0.55 0.46 0.69 0.79 0.89 0.64 0.64 0.52 1.10 0.81 0.73 1.59 5.07 1.10 1.47 1.64

GNP, gross national product; MSW, municipal solid waste.

qualified employees, so personnel rarely have the ability or related training to manage an effective waste management system, even when it exists [4]. The resulting failure in proper disposal and management in many cases may lead to piling up of garbage on land and in water systems, paving the way to health hazards and environmental insecurity. This problem of waste management is especially stalled in countries experiencing a sprawl in urban areas and is emerging as a major concern for the environment and human health in urban areas of many developing nations [5]. The industrialization of developing and underdeveloped countries often comes at the price of worsened garbage problems. China, which became an economic powerhouse in the early 2000s, serves as the best example for understanding this phenomenon. A 2005 World Bank report stated that “China recently surpassed the United States as the world’s largest municipal solid waste (MSW) generator.” In 2004, about 190,000,000 tons of municipal solid waste was generated in the urban areas of China and it is expected to shoot up to 480,000,000 tons by 2030 [4]. The impact of environmental deterioration in China is so bad that people are facing health issues from toxic pollutants poisoning the air, soil, and water. It has been estimated that

Waste Legislation Across the Globe: An Overview 15 breathing in the polluted air and drinking the dirty water is responsible for the death of almost half a million people in China each year. World Bank management of this everincreasing waste stock is the answer to all kinds of waste-driven major health, societal, ethical, and environmental concerns. But, as explained by the journalist David Stanway, “With hundreds of millions of urban residents enjoying the fruits of consumerism, the government is struggling to bring a sense of the environmental costs of breakneck economic growth” [4].

5. Country-Specific Case Studies As discussed earlier, there exists a clear demarcation between developed, underdeveloped, and least developed countries. Developed countries differ from the rest in having a comfortable lifestyle governed by boosting the economy and ever-increasing industrialization. The quantity of waste produced and the compositional characteristics of waste vary as well. Such nations are not actually troubled by an ever-increasing population but by the unjust utilization of resources that leads to waste issues. Compared with developed nations, developing countries and least developed countries have the challenge of sustaining their economic growth rate as well as managing the everincreasing waste dumps. Effective policies and legislation are necessary to take charge of the situation in such countries. Some examples pertaining to developed, underdeveloped, and least developed countries are discussed next.

5.1 United States of America The existing solid waste policy in the United States aims to develop proper mechanisms to manage solid waste effectively and conveniently. The US Environmental Protection Agency (USEPA), under the Resource Conservation and Recovery Act of 1976 (RCRA), regulates industrial, commercial, household, and manufacturing solid and hazardous wastes and their management. The RCRA’s solid waste program promotes the development of sound plans to control municipal solid and nonhazardous industrial waste by the concerned authoritative bodies in each state [6] (Fig. 2.1). Provisions in the RCRA are discussed in the following sections. 5.1.1 General Provisions: Subtitle A Subtitle A constitutes legislation findings and controls the defining and drafting of national policies and objectives, fiscal divulgence, interstate liaising, and exercise of the act and integration of it with other acts.

16 Chapter 2

Figure 2.1 Provisions in the Resource Conservation and Recovery Act [8].

5.1.2 Office of Solid Waste; Authorities of the Administrator: Subtitle B Subtitle B includes the Solid Waste and Interagency Coordinating Committee, authorities of the Environment Protection Agency Administrator, resource recovery, conservation panels, and grants and takes charge of the annual report [8]. 5.1.3 “Cradle to Grave” Requirements: Subtitle C Cradle to grave requirements direct the Environment Protection Act to exercise control over management of hazardous wastes at the source of production, by proper handling, transportation, storage, and/or disposal. EPA authority developed Resource Conversation and Recovery Act (RCRA) laws & Regulations (Reference: https://www.epa.gov/rcra) which holds command over hazardous waste producers, the overall regulatory framework is called a “cradle to grave” system. This program enforces strict record keeping and reporting guidelines on generators, transporters, and operators of storage, treatment, and disposal facilities handling hazardous waste. (Reference: https://www.epa.gov/rcra. Accessed on 10/09/2018).

Waste Legislation Across the Globe: An Overview 17 5.1.4 Nonhazardous Solid Wastes: Subtitle D Nonhazardous solid waste is covered under Subtitle D. It bans the dumping of waste in the open and lays down minimum federal criteria for the working of industrial and municipal waste landfills. State-level controlling bodies play a significant role in the timely implementation of these [7]. 5.1.5 Department of Commerce Responsibilities: Subtitle E Subtitle E comprises the expansion of markets for recovered material, development of specifications for secondary materials, and technological advancement and promotion [8]. 5.1.6 Federal Responsibilities: Subtitle F Subtitle F ensures the utility of local, state, and federal law regarding federal provisions, attainment, and cooperation with the Environment Protection Act [8]. 5.1.7 Miscellaneous Provisions: Subtitle G Subtitle G protects employees affected by the RCRA who are working in the United States by allowing them to submit a written complaint to the concerned authority (Occupational Safety and Health Administration). It also provides for imminent hazard suits and citizen suits, and has provision for petitions regarding regulations [8]. 5.1.8 Research, Development, Demonstration, and Information: Subtitle H Subtitle H addresses training, demonstrations, research, and such specific studies. In addition to that, it also assists in coordinating, collecting, and disseminating information [8]. 5.1.9 Underground Storage Tanks: Subtitle I The operation of underground storage tanks was a concern to the RCRA with the passing of the Hazardous and Solid Waste Amendments of 1984 (USEPA, RCRA and Federal Facilities, 1976). About 2.1 million tanks were available that time and these were a subject of federal regulation and the USEPA. About 600,000 active underground storage tanks were found available at 223,000 sites subjected to federal regulation in the year 2009 [9,10]. The regulation also set standards for [10]: • • • • •

monitoring of groundwater and double liners; release detection, prevention, and correction; control of spillage; control of overfill; restricting untreatable hazardous waste products for land disposal.

18 Chapter 2 5.1.10 Medical Waste (Expired): Subtitle J Subtitle J contributed to the regulation of medical waste in Connecticut, Rhode Island, New Jersey, New York, and Puerto Rico. This subtitle expired on March 22, 1991 [11]. Every year a report called “Advancing Sustainable Materials Management: Facts and Figures” is produced by the USEPA. Around 254 million tons of trash was reported to be generated in the United States in 2013, of which 87 million tons was composted and recycled, leading to a recycling percentage of 34.3. Individually, on average, about 1.51 lb of the generated waste of 4.40 lb/person/day was recycled and composted. Compared with 15 million tons in 1980, recycling and composting alone prevented the dumping of 87.2 million tons of waste in 2013. An atmospheric release of approximately 186 million metric tons of carbon dioxide equivalent was prevented by this, which is comparable to taking over 39 million cars off the road for a year. The USEPA supports operations that reduce waste production and the quantity to be disposed of; such practices are as follows: 5.1.10.1 Recycling

This refers to the recovery of important materials, such as glass, paper, metals, and plastic, from the discarded material to make new products. 5.1.10.2 Waste Prevention or Source Reduction

This encourages the specific design of products so that the generation of waste that may need to be disposed of in later stages can be prevented. 5.1.10.3 Composting

This includes collecting organic and kitchen waste, such as yard trimmings and food waste, and its natural decomposition by storage under ideal conditions. The compost obtained can be used in the form of organic soil amendment.

5.2 United Kingdom The European Union (EU) Waste Framework Directive in the United Kingdom provides an efficient framework of legislation for ensuring the collection, transportation, optimum recovery, and proper disposal of waste, and also provides a standard definition of waste. This directive ensures the participation by all member states in taking required measures for recovering or disposing of waste without putting human health or environmental health on a stake. It also includes permitting, registration, and inspection requirements [12].

Waste Legislation Across the Globe: An Overview 19 The directive also encourages all member states to take apt steps to prevent or reduce the generation of waste and thereby reduce posed threats and pave the way for waste recovery by reuse, recycling, and reclamation or any other mode that facilitates the use of waste as an energy source or the extraction of secondary raw materials. The Waste (England and Wales) (Amendment) Regulations 2012 came into force on October 1, 2012. The amended regulations emphasize the separate collection of waste. Waste collection authorities were ordered to be authoritative, from that date, to ensure the proper arrangements for separate collection and safe disposal of waste [12]. These authorities come into play where the waste needs to be collected separately to make sure that the procurement of waste through recovery operations can be facilitated in line with the set methodologies to help improve or ascertain recovery, when it is technically, economically, and environmentally feasible. 5.2.1 Environmental Permit for Waste Environmental Permitting (England and Wales) Regulations 2010 grant an environmental permit to organizations for the recovery of materials and proper waste disposal as per EU legislation with the prime motive of safeguarding citizens and environmental health. The legislation gives flexibility to participating states to provide exemptions from the necessity for a permit, providing specific rules are applied for different exemption activities, and with prior intimation to the concerned authority [12]. 5.2.2 Hazardous Waste Regulations Under EU legislation, hazardous waste is classified as waste containing hazardous properties that can cause comparatively greater harm to human and environmental health compared with nonhazardous waste, if managed callously. Therefore, the legislation possesses stringent control over the point of waste generation and its management, recovery, and disposal [12]. 5.2.3 Regulations for Waste Shipment Waste shipment regulations consist of a UK statutory instrument, EU regulations, and a UK plan. These regulations take charge of the movements of wastes between other countries and the United Kingdom and also provide guidelines for enactment and enforcement. Subject to nature, movements may be prohibited or may require prior written notification and consent procedures, whereas others need general administrative controls. Administrative control relies on the compositional characteristics of the generated waste, and based on that, its destination and scope for recovery or disposal are determined [12].

20 Chapter 2 5.2.4 UK Ship Recycling Strategy The Department for Environment, Food & Rural Affairs issued the UK Ship Recycling Strategy in 2007. It considers the sound management of ships to be a high priority. 5.2.5 Electronic Equipment The United Kingdom has the Waste Electrical and Electronic Equipment and the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directives, which focus on reducing the waste load of electrical and electronic equipment by promoting the resource reuse, recycling, and recovery. The RoHS Directive’s primary objective is to minimize the electrical and electronic products load on the environment when they are no longer usable. This was done by lowering the usage of electrical substances specified in the legislation, controlling electrical equipment containing hazardous substances in the country [12]. 5.2.6 Packaging, Packaging Waste, and Packaging Waste Regulations The regulation aims to synchronize national actions concerned with the control of packaging and packaging wastes to ensure the protection of natural surroundings and regulate the functioning of the internal market [12]. 5.2.7 Landfill Directive The Landfill Directive aims to reduce the adverse effects on the environment from dumping wastes in landfills, by implementing sound and strict regulations for dumping waste in landfills and setting targets for minimizing the dumping of municipal biodegradable waste in a landfill [12]. 5.2.8 End-of-Life Vehicles Regulation 2003 The End-of-Life Vehicles Regulation encourages the promotion of collection, recycling, and reuse of components of end-of-life vehicles for environmental protection [12]. 5.2.9 Batteries Directive The Batteries Directive points toward improving the performance of batteries and minimizing the environmental impact of waste batteries by: • • •

limiting the usage of mercury and cadmium in the manufacturing and design of batteries; setting targets for the collection and recycling of waste batteries; controlling the dumping of untreated industrial or automotive batteries in a landfill or by incineration;

Waste Legislation Across the Globe: An Overview 21 •

enacting/enforcing: • legislation on waste incineration; • the Environmental Protection Act of 1990; • Producer Responsibility Obligations (Packaging Waste) Regulations of 1997; • details on the Waste and Emissions Trading Act of 2003; • the Environment Act of 1995.

5.3 China China had three environmental protection laws prior to the 1980s. These acts were the Solid Waste Disposal Act, the Water Pollution Control Act, and the Air Pollution Control Act. These acts were further reviewed, and two new acts, the Toxic Substance Management Act (1986) and the Noise Control Act (1983), were implemented. On August 22, 1987, the Environment Protection Act (China’s EPA) came to force, and since then, 14 sets of laws have been enforced. They include [13]: • • • • • • • • • • • • • • •

statutes establishing China’s EPA; Soil and Groundwater Pollution Remediation Act; Environmental Impact Assessment Act; Toxic Substance Management Act; Air Pollution Control Act; Drinking Water Management Statutes; Noise Pollution Control Act; Environmental Dispute Settlement Act; Water Pollution Control Act; statutes concerning China’s EPA inspection organizations; Solid Waste Disposal Act; statutes concerning the training of environmental workers; Marine Pollution Control Act; Environmental Agent Management Act; Resource Recycling Act.

Two of the legislations, namely, the Resource Recycling Act and the Waste Disposal Act, constitute mainly solid waste management. China’s EPA spreads the measures for basic recycling of waste and waste clearance and fixes the requirements for storage, removal, and disposal facilities for industrial waste in the Waste Disposal Act. Since 1997, the use of the “Four-in-One Recycling System” in China has been encouraged by China’s EPA. The Renewable Energy Law was passed by the National People’s Congress in 2009 to support the development of green energy in China. This law came into force on

22 Chapter 2 January 1, 2006, and proved to be a cornerstone of renewable energy development [14]. Implementation of the Renewable Energy Law paved the way for the generation and production of photovoltaic and wind energy. 5.3.1 Policies Encouraging Waste-to-Energy Projects in China [15] 1. May 1997: Temporary Regulations on Basic Construction Projects of New Energy These are specific provisions regarding new energy construction projects. 2. 1998: Notification of Approval of New Energy Construction Projects This has a provision for building up new energy with waste-to-energy projects and also assists with policy support for the same. 3. January 1999: Notification from the Planning Commission and the Ministry of Science and Technology on Further Supporting the Development of Renewable Energy This notification lays down norms for grid combination preferential pricing methods, financial support, and project setup to contribute to renewable energy development. a. Priority of basic construction loans This offers a financial discount of 2% for project loans on renewable energy. b. Acquisition of all power This regards the sharing of the part that is higher than average price by the power grid. 4. May 2000: Municipal Solid Waste Disposal and Pollution Control Technology Policy This provides details on specified pollution treatment and garbage disposal technology. 5. September 2002: Opinions on Promoting the Industrialization of Urban Sewage and Garbage Treatment a. This ensures payback for investment and operating expenses and for achieving the collection of waste and its transportation, recycling, and possible treatment by market-oriented operations. b. To invest in garbage disposal and urban sewage facilities, a minimum 20% of the total investment is necessary as the project capital, with a maximum operating period of 30 years. c. The government provides necessary policy support to organizations for project construction and waste treatment. It includes a concession in electricity supply for treating waste and making land available for project construction. d. It contains an operating cost compensation policy for the compensation of construction costs of the collection of waste, garbage disposal fees, and transportation facilities by the government. 6 2002: Notification on the Implementation of the Municipal Solid Waste Disposal Charging System to Promote the Industrialization of Garbage Disposal

Waste Legislation Across the Globe: An Overview 23

7.

8.

9.

10.

11.

12.

13.

14.

Under this provision, to support the construction of waste treatment facilities, a household garbage treatment fee is allowed with the approval of the city government, with a condition to complete the construction within 3 years. July 2004: Decision of the State Council on the Reform of the Investment System This is about allowing social capital access to public utilities, infrastructure, and other fields well within the boundaries of set rules and regulations. March 2004: Document No. 126 from the Ministry of Construction of the People’s Republic of China This provision defines a maximum franchise period of 30 years. 2005: Industrial Structure Adjustment Guidance Catalogue This provision provides government support for reduction, recycling, comprehensive utilization, and treatment of solid waste and urban garbage. 2005: People’s Republic of China Law of Renewable Energy a. The nation supports and promotes the generation of electricity by renewable energy and its association with the power grid. b. It also encourages contract signing between renewable energy power generation firms with power grid enterprises to legally obtain an administrative license or to submit the same for reference. c. Decisions regarding the price for power generation/consumption shall be made according to local conditions based on economic and reasonable principles. 2006: Trial Management of Renewable Energy Power Prices and Cost Sharing The mixed-fuel power generation projects that consume conventional energy of more than 20% shall be deemed as conventional energy power generation projects and do not qualify for the subsidies. January 2006: Regulations on the Administration of Renewable Energy Power Generation Direct access to the power grid for large- and medium-sized renewable energy projects for wind power, hydropower, and biomass shall be invested by the power grid enterprises. May 2010: Notification on Printing and Distributing “The Technical Guidelines for Domestic Refuse Treatment” Under this guideline, incineration facilities have been associated with rapid stabilizing, less land use, easy control of odor, effective reduction of waste, and useful waste incineration heat. April 2011: Notification on Further Strengthening the Work of Municipal Solid Waste Disposal This notification focused on establishing an improved supervising system for urban garbage disposal and promoted recycling of waste products, power generation by incineration, and utilization and biological treatment of solid waste.

24 Chapter 2 15. April 2012: Notification of the National Garbage Disposal Facilities Construction Plan for the 12th 5-Year Plan This notification pointed out the country’s domestic urban waste treatment facilities capacity by incineration reaching above 35% of the total capacity of harmless treatment, of which the eastern region reached more than 48% by 2015.

5.4 India With the world’s second largest population, India is no different from China in responding to ever-increasing waste production and in the meanwhile balancing its industrial and developmental activities to become one of the fastest growing economies. Urban solid waste management has always remained as an ignored agenda in the development of India. The sheer extensiveness of the problem, the financial and infrastructural limitations including dearth waste dumping sites, and the lack of awareness and sensitivity at all levels have been a hindrance in the way of efficient and sound management of solid waste [16] (Fig. 2.2). 5.4.1 Environment Protection Act To have a sound protecting framework for physical boundaries, the Environment Protection Act (India’s EPA) came into action in 1986. Under this act, the central government got the authority to control and regulate wastes in different forms across the country, causing specific issues. India’s EPA serves as the standard to be considered and comprises rules for conserving the environment [17]. Some of the rules listed in this act are listed in the following sections. 5.4.1.1 Harm to the Environment

This is the prohibition of activities harming the environment. This is in line with the constitutional provision and is contained in Section 7 of India’s EPA 1986. 5.4.1.2 Information on Accidents and Spillages

This deals with providing information in cases of spillage by accident. It is contained in Section 9 of India’s EPA 1986. 5.4.1.3 Polluter Pays Principle

Contained in Section 9(3) of India’s EPA 1986, “polluter pays” is a principle that deals with the concept of “continued” punishment, as it ensures rigid penalties for the violator in a state of continuation.

Waste Legislation Across the Globe: An Overview 25

Figure 2.2 Solid waste management in India. NGOs, nongovernmental organizations. Source: High Power Committee Report: 1995.

5.4.1.4 The Lifting of the Corporate Veil

This rule has the provision for taking legal action against the concerned persons of a company that indulged in committing an environmental offense. 5.4.2 The Ozone Depleting Substances (Regulation and Control) Rules, 2000 These rules were enacted to aim at managing and controlling the atmospheric release of “ozone-depleting substances.” Under this law, various substances were classified into groups, and based on that, ozone emission limits were estimated, and control over the manufacturing of ozone-depleting substances was acquired [17].

26 Chapter 2 5.4.3 The Hazardous Wastes (Management, Handling, and Transboundary Movement) Rules, 2008 These rules govern the duty of environmentally safe and sound handling of hazardous waste by the “occupier.” The occupier here refers to a person who is in charge of any factory or plant dealing with hazardous waste. Hazardous waste possessed by an occupier must be given, sent, or sold to a recycler or reprocessor who is authorized by the State Pollution Board to dispose of it in the proper manner. These rules also encourage recycling and reuse of hazardous waste. “Recycling” can be described as reprocessing or reclamation of hazardous waste in a manner that is environmentally safe and “reuse” refers to the purposeful usage of hazardous waste [17]. 5.4.4 The Plastics (Manufacture, Usage, and Waste Management) Rules, 2009 The plastics rules are supposed to supplant the Recycled Plastics Usage and Manufacture Rules, 1999. These rules were formed to promote and control plastic usage for different processes and purposes [17]. 5.4.5 Biomedical Waste (Management and Handling) Rules, 1998 Biomedical waste regulations aim to ensure the safe disposal of biomedical waste. Generally, medical procedures performed on animals or human beings or some research activities lead to the generation of biomedical waste. The rules also bind an “occupier” or concerned person linked with any organization generating biomedical waste, such as a pathological laboratory, blood bank, hospital, etc., to make sure that the waste is managed in an environmentally safe and sound manner [17]. 5.4.6 The E-Waste (Management and Handling Rules), 2010 To find a solution to the problematic situation of electronic waste disposal in India, e-waste rules were enacted. E-waste accounts for the electronic waste actually produced in the country in addition to the waste illegally exported to India. There are a certain rules set for people engaged in electronic waste in the country. The producer/dealer of the e-waste needs to be authorized by the concerned authority and needs to have a record of the e-waste dealt with. This rule exerts control over the overall production, circulation, and disposal of e-waste [17].

5.5 Bangladesh Bangladesh is one of the countries in Asia worst affected by an ever-growing population and increasing waste dumps. The country struggles to make a balance between the everincreasing population and the increasing waste load. Existing waste legislations in Bangladesh are as follows.

Waste Legislation Across the Globe: An Overview 27 5.5.1 The Dhaka Municipal Ordinance, 1983 The Dhaka Municipal Ordinance gives power to Dhaka City Corporation (the Corporation) to take charge of removing, collecting, and disposing of refuse; control over dyeing and tanning skins; and management of latrines and urinals, pharmaceuticals and surgical practice on infectious diseases, bricks and kilns, cleaning of streets, drainage, etc. [18]. 1. 78(1): The Corporation shall make adequate arrangement for removal of refuse from all public streets, public latrines, drains, and all buildings and land vested in the corporation and for the collection and proper disposal of such refuse. 2. 78(2): The occupiers of all buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation. 3. 78(3): The Corporation may provide public dustbins or other suitable receptacles at suitable places. The Corporation may, by public notice, require that all refuse to accumulate on any premises or land shall be deposited by the owner or occupier of such premises of land in such dustbins or receptacles. 4. 78(4): All refuse deposited in the dustbins and other receptacles shall be removed and collected by the staff of the Corporation under their control and supervision. 5.5.2 The Environment Policy, 1992 The policy restricts the disposal of agricultural, municipal, and industrial wastes in drains, ponds, lakes, rivers, or any such water body. Daytime open truck transportation is also restricted for waste collection [18]. 5.5.3 Urban Management Policy Statement, 1998 The policy statement takes the interest of providing efficient, economical, and reliable services into consideration. The policy also encourages municipalities to contract out disposal of solid waste, drain cleaning, road maintenance, and public sanitation [18]. 5.5.4 The Penal Code The Penal Code has a provision of 6 months imprisonment or a fine up to Tk 2000 (BDT) or both for engendering public disturbance by sheer ignorance of the escalation of fatal diseases, causing damage to the environment, and carelessness while dealing with poisonous substances. It gives the special right to a magistrate of jurisdiction to pass an order for removal of the disturbance [18]. 5.5.5 Environment Conservation Rule, 1997 Under this rule, landfill activity regarding household, industrial, and commercial waste is categorized as a Red category activity and therefore a No Objection Certificate and

28 Chapter 2 an environmental impact assessment need to be obtained before undertaking any landfill project [18]. 5.5.6 The Factory Act, 1965 The Factory Act is concerned with cleanliness, waste management, air circulation and temperature control, and control of smoke, sand, and dust and any other by-product of an industrial process within a mill or factory [18].

5.6 Bhutan The National Environment Commission Secretariat (NECS) serves as the regulatory authority responsible for administrating and implementing provisions of the acts and regulations in Bhutan. Waste regulation implementation in Bhutan began on April 18, 2012. The implemented regulation identifies the roles and responsibilities of participating implementing agencies to ensure apt waste management. As specified by the regulation, all the implementing agencies need to report annually on the status of implementation to the NECS [19]. The Waste Prevention and Management Regulation of 2012 provides general provisions, and a summary of the requirements of the regulation is described. It includes the following: 1. It provides a safe and healthy environment for the community. 2. It prohibits an individual or organization in all possible manners from disposing of waste without fulfilling the requirements laid down in the regulation. 3. The immanent duties that every person has to abide by are: a. waste disposal and sound storage; b. environmentally safe handling of waste; c. to comply and cooperate with initiatives for managing waste; d. to cooperate with the service providers and implementing organizations for proper implementation. 4. The regulation restricts the operation of sanitary landfills or dumping in the open in proximity to human settlements, groundwater sources, wetlands or catchment zones, monuments, landslide-prone areas, and wildlife habitation. 5. Areas for open dumping for a particular duration are identified by the NECS, which can upgrade or close as per the environmental and health impact. 6. Vehicles or machinery stranded in public places which are not in use should be removed. 7. Apt mechanisms to prevent and manage the waste and nuisance of stray animals must be used.

Waste Legislation Across the Globe: An Overview 29 These provisions are implemented by the following implementing agencies and organizations: 1. the National Environment Commission; 2. the Royal Bhutan Police; 3. the Department of Roads in collaboration with the Road Safety and Transport Authority; 4. the Dzongdag monitoring authority within Dzongkhag jurisdiction; 5. Mangmi, Gup, Dungpa, Divisional Forest Officer, park managers, and heads of institutions shall be the implementing agencies within their respective territorial jurisdictions; 6. the Sanitary Committee.

6. Conclusions and Perspectives Ever-increasing waste dumps have been a problem in every country across the world, be it the developed countries like the United States and the United Kingdom or the least developed, like Bangladesh, but on a very different magnitude. Depending on the production, usage, and management strategies of products, waste management has troubled governments accordingly. It is important to have a sensitivity to safeguarding the surroundings from intoxication by waste dumps, but where sensitivity fails, legislation comes into play. Legal actions against the defaulters by means of imposing penalties or imprisonment compel the citizen to abide by the law and respect the natural surroundings, too. Waste management laws in some countries are perfectly implemented, whereas in others they need to be improvised and strengthened. Bridging this gap is a must to protect the sovereignty and sacredness of the environment.

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