Illegal Dumping of Hazardous Waste in India: From Disposal to Safe Resource Recovery

This Blog is Written by Kumuthavalli M.S, 4th Year, BBA LL.B. (Hons.), The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai.

Blog 18 | Edition VII

What happens when waste that constitutes a hazard to mankind is removed from our “sight” but still remains in our environment? Illegal dumping of hazardous waste is not only a waste management issue, but also a threat to human health, land, water, air, and the local ecosystem. Industrial development generates hazardous waste, but hazardous waste may continue to persist in the environment if it is dumped carelessly. Though India has an extensive legal framework governing hazardous waste management, the potential for unlawful deposit into the environment continues. It is therefore essential to ask what the role of environmental law norms is – is it to penalize hazardous waste disposal and deal with the consequences of hazardous waste, or should the law also prevent hazardous waste from entering the environment altogether? This suggests a shift from managing hazardous waste to being proactively engaged in prevention, minimisation, scientific treatment, recovery, and recycling with safe and secure disposal of residual waste.

Understanding the Problem

Industrial waste may contain toxins, irritants or hazardous elements that have the potential to cause serious harm. Illegal dumping of industrial waste results in the introduction of toxins into the environment, which is harmful for the flora and fauna around the dump site and potentially hazardous to humans. The accumulation of such waste also has an adverse impact on land as it takes up space. Therefore, it is extremely necessary to manage this waste in a manner that prevents its negative impact on the environment, which would be achieved either by minimising/mining its generation or treating it scientifically so that it is not dangerous for landfills. Where practicable, recovery/recycling should be undertaken in order to reduce the amount of waste requiring final disposal.

Constitutional and Statutory Framework

India has robust constitutional and statutory framework for environmental protection. The right to a healthy environment is protected as a part of the fundamental rights under Article 21 and the Directive Principles of State Policy under Article 48A. Further, Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the environment. The Environment (Protection) Act, 1986 provides a comprehensive framework for environmental protection and regulation of activities that may lead to environmental degradation. Section 7 prohibits persons carrying on industrial or related operations from discharging or emitting environmental pollutants in excess of the standards prescribed under the Act. Following the 2023 amendment, effective from 1 April 2024, the Act contains a graded administrative penalty framework for environmental contraventions, including continuing penalties for continuing violations. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 further provide detailed regulations for management and control of hazardous waste with the objective of minimising waste generation and promoting recycling and recovery. While these rules provide for penalties for illegal dumping of hazardous waste, they also state that the management of hazardous waste extends to its generation, handling, storage, treatment and disposal, recovery and recycling.

From Dumping to Reuse and Recovery

It is important to transition from a culture of illegal dumping to recovery and recycling. Industries must be pushed for cleaner production and reduce the amount of waste generated. Even in cases where this is not possible, scientific treatment of waste is necessary before any attempt is made to recover useful components, recycle or reuse. This does not mean that everything can be converted into something useful. Unless specific scientific treatment has been applied, certain substances may still be hazardous. Therefore, there has to be an evaluation on suitability for any form of recycling, reuse or recovery, subject to meeting standards and regulatory approvals. Such processing reduces the amount of waste that has to be sent for final disposal. This is an important consideration as the dumping of hazardous waste leads to adverse impact on land as it requires a certain amount of landfill space. By reducing the amount of hazardous waste and treating it scientifically so that it is no longer hazardous, the burden on land is reduced.

Environmental Principles Supporting the Approach

The approach recommended above aligns with the principles of environmental law in India. The Precautionary Principle is particularly relevant as it holds that measures must be taken to prevent environmental degradation, even in the face of scientific uncertainty. The Supreme Court has recognised this principle to be a part of India’s environmental law and it applies particularly to hazardous substances, where waiting for scientific proof of harmful impact of substances on the environment may lead to irreversible damage. The Polluter Pays Principle holds that the cost of environmental rehabilitation must be borne by the polluter and not the taxpayer community. Further, the principle of Sustainable Development, which requires that economic development be balanced with environmental protection, is particularly relevant as it mandates that waste management processes should not compromise on industrial production.

Strengthening Accountability

It is essential that the principles of prevention, application of scientific methods for recovery and recycling and adherence to principles of sustainable development are strictly enforced. Those deliberately dumping hazardous waste should be made accountable for their actions and the consequences of such actions on the environment and human health. There is a need to impose strict liability on those involved in all stages of generation, handling and transportation of hazardous waste and make them responsible for any damage caused to the environment. Monitoring of such waste is equally important to ensure that it is treated and processed appropriately or dumped at authorised dumpsites. This can be done by introducing a digital tracking system for hazardous waste from the stage of generation to authorised processing/treatment/disposal. At the same time, regulatory authorities need to be strengthened so that they have required resources and technical expertise to investigate environmental law violations and ensure that treatment, reuse, recycling and recovery of hazardous waste has been carried out in accordance with the law. The aim must not be to prevent industrial production but to ensure that industrial production does not come at the expense of environmental damage and unsustainable use of resources.

A Sustainable Way Forward

India needs to transition from a regime of hazardous waste management to one of prevention, minimisation, recycling/recovery with scientifically-sound and secure disposal of residual waste. There is a need for industries to prevent/minimise hazardous waste generation, where such waste is generated, it should be treated, recovered/recycled and where that is not possible, only then it should be dumped in authorised landfills. Authorised treatment facilities need to be strengthened in order to promote recycling/recovery. Furthermore, hazardous waste should be tracked from source to authorised treatment facility/disposal sites. The potential for reuse/recycling/recovery needs to be explored to the maximum extent and wherever such recovery is not possible, the residual waste should be disposed of using approved methods. Thus, while India will continue to generate hazardous waste, the impact of such waste on the environment can be minimised and reduced to as low level as possible. This will help in conserving our land and ensuring that industries continue to function in a manner that is sustainable for the environment.

Conclusion

The problem of illegal dumping of hazardous waste indicates that environment-friendly waste management practices are not being followed. Instead of dealing with the consequences of hazardous waste, waste management practices should be improved to prevent/minimise waste generation and recycle/reuse materials wherever possible. India has robust legal framework for managing hazardous waste, including the Environment (Protection) Act, 1986 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. It is now essential to utilise the existing framework to its maximum extent. The laws provide for hefty penalties for illegal dumping of hazardous waste. However, the focus must shift from minimising the impact of hazardous waste to preventing it in the first place. Hazardous waste should only be dumped at authorised sites using environmentally-safe methods. The environment and land must not become a dumping ground for industries.

(Write to the author at kumuthavalli169@gmail.com.)