Legal Guidelines on Reduce, Reuse and Recycle Waste for Government of Gujarat a Research Report and Guidelines Prepared by the G

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

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

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

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

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

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

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.

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

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.

(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;

(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.

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.

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 -

· 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.

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

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.

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:

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.

Further provided for the termination of the office:

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.

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.

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.

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.

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.

However, officials of Regional Board can continue as the members along with the membership of the sub-committee.

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.

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.

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-

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.

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.

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

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.

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.

· 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

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

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)

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.

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.

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.

• 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.

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

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.

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).

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).

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

• 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.

(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;

(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.

(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.

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

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.

(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;

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

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:-

(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.

(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

(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.

(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.

(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,

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.

(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

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.

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

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

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

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.

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

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

Thus, Japan is an ideal role model for the purposes of recycling.

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:

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

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

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

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

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

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

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/

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.

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.

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.

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

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

(a) the Secretary, Department of Urban - Chairman Development

(b) one expert from State Department of - Member Environment

(d) one expert from Urban Local Body - Member

(e) one expert from Non-Governmental - Member Organisation

(f) one expert from the field of Industry - Member and

(g) one expert from the field of academic - Member institution

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.

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.

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

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

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”

(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 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

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

· 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

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.

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."

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

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.

· 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:

· 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

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

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

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.

(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 subcommittee 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

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

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· 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.

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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.

Soil; wood, including trees and brush; organic matter; Site work sand; stone; concrete; pipe.

Mixed rubble, including wood, concrete, masonry, and Demolition steel; fixtures; mechanical equipment, etc.

Scrap wood; roofing; wall board; insulation; flooring; Construction ducts; pipe; packaging; fasteners; concrete; steel.

Scrap wood; roofing; wall board; insulation; flooring; Renovation ducts; pipe; fixtures; mechanical equipment; packaging; fasteners; concrete; steel.

PROPOSED RECOMMENDATION FOR GUIDELINES

C&D Database Department

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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

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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.

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- 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

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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.

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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

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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.

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- “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.

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· 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 cooperate with the same.

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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.

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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

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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.

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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

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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

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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

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FUNCTIONS AND FOLLOW UP

S.No. Nodal Agency Functions Follow up 1. Department for supervise the procedure See to it that the Labeling of Batteries for UNIFORM labelling practice LABELING requirements significantly benefits for regulated batteries regulated battery rechargeable consumer collection and products, and product recycling or proper packaging disposal through INSPECTIONS and QUALITY CHECKS.

2. Municipal and Local responsible for SUBMISSION OF Authorities COLLECTION and REPORTS and SAFE DISPOSAL of RECORDS regarding battery wastes the measures and methods used. 3. Department for EDUCATE THE CONDUCT Creating Awareness PUBLIC concerning the SURVEYS and regarding Battery collection, recycling, and INTERVIEWS of Waste Management proper disposal of such households and batteries and CREATE industries illustrating AWARENESS the practices used by them for battery waste management. 4. Department of MAINTAINENCE OF Records and RECORDS and Notifications PRESERVATION OF DOCUMENTS containing information regarding the progress and

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the effectiveness of measures. It will PUBLISH REGULAR REPORTS FOR THE DISPOSAL OF THE MINISTRY OFFICIALS 5. Department for RESPONSIBLE TO CONDUCT ON-TH- Regulation of ENSURE THAT THE SPOT- Industrial Practices INDUSTRIES ADHERE INSPECTIONS and TO THE LEGAL MAINTAIN GUIDELINES and to REPORTS. make provisions for the efficient and cost-effective collection and recycling or proper disposal of batteries in public interest 6. Research Department responsible to delve into CONDUCT TRIALS the technicalities of the AND waste management EXPERIMENTS to schemes and to ensure adaptability of DISCOVER NEW newer methods of TECHNOLOGIES AND waste management METHODS TO PRACTICALLY. RECYCLE AND DISPOSE OF BATTERY WASTES

PENAL PROVISIONS

Penalties should be included in the structure so as to ensure that the guidelines are implemented effectively by industries and households equally.

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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..

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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.

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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:

Common Sizes Examples Disposal Battery Type Proper Disposal Name Available of Use classification

Place in the trash These Flashlights, (normal municipal batteries are calculators, waste). Exceptions: classified by AAA, AA, toys, clocks, California which requires Alkaline Coppertop, the federal C, D, 6V, smoke non-households to Alkaline government ( manganese) 9V alarms, dispose of these as non- remote batteries in accordance hazardous controls with the California waste. Universal Waste Rules.

Mercuric Watches, Oxide, hearing aids, Silver Bring to a Household toys, greeting hazardous Button Oxide, Sizes vary Hazardous Waste cards, waste Lithium, Collection Site remote Alkaline, controls Zinc-Air

"Classic", Flashlights, These Place in the trash Carbon Zinc AAA, AA, Heavy calculators, batteries are (normal municipal

45 http://www.ehso.com/ehshome/batteries.php

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Duty, C, D toys, clocks, classified by waste). Exceptions: General smoke the federal California - requires Purpose, 6V, 9V alarms, government non-households to All remote as non- dispose of these Purpose, controls, hazardous batteries in accordance Power Cell transistor waste. with the California radios, Universal Waste Rules. garage door Also, Minnesota openers (Hennipen County only) requires these batteries be disposed as a hazardous waste.

These Cameras, batteries are Usually has calculators, classified by "lithium" 3V, 6V, 3V computer the federal Lithium / Lithium Ion They can be recycled! label on the button memory government battery back-up, as non- tennis shoes hazardous waste

Flashlights, Either toys, cellular AAA, AA, Bring to a Household Nickel-Cadmium unlabeled phones, hazardous C, D, 6V, Hazardous Waste (Rechargeable) or labeled power tools, waste 9V Collection Site "Ni-Cd" computer packs

Non- hazardous waste - except Safe for disposal in the in California, normal municipal waste Either Flashlights, which stream. These batteries unlabeled toys, cellular requires non- AAA, AA, are also acceptable Nickel Metal Hydride or labeled phones, households to C, D, 6V, for recycling by the (Rechargeable) "Ni-Li" or power tools, dispose of 9V Rechargeable Battery "Ni- computer these batteries Recycling Corporation's Hydride) packs in accordance (RBRC) Battery with the Recycling Program. California Universal Waste Rules.

Flashlights, Reusable Alkaline AAA, AA, Renewal calculators, Place in the trash Manganese(Rechargeable) C, D toys, clocks, radios,

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remote controls

"Gel," VRB, Video AGM, cameras, Cyclone, El power tools, Sealed Lead Acid Power, Multiples of Bring to a Household wheelchairs, hazardous (Rechargeable) Dynasty, 2 Volts: 2V, Hazardous Waste ATV's, metal waste Gates, 6V, 12V Collection Site detectors, Lithonia, clocks, Saft, cameras Panasonic, Yuasa

Take back to place of purchase

1. Most places that sell car batteries will also accept them for Autozone, recycling. There Lead Acid Vehicle Sears Die Cars, trucks, hazardous may be a fee for 12V, 6V Batteries Hard, motorcycles waste this service. Yuasa 1. A metal recycler may pay you for your car battery. Look in the yellow pages under "Recycling Centers" for a list of recyclers.

Non-Consumers must dispose of these batteries in full compliance with the hazardous waste rules. Watches, Consumers are covered hearing aids, Panasonic by the Household toys, greeting hazardous Silver Oxide Silver Sizes vary exemption under RCRA cards, waste Oxide which allows for these remote batteries to be disposed controls of into the municipal waste stream. These batteries are also acceptable for recycling by the Rechargeable Battery Recycling

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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

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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

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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.

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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)

49 (a) www.waste.nl/content/download/1523/.../Th%20Batteries%20Indonesia.pdf

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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.

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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

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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.

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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

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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.

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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 multilateral 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.”

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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 ).

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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.

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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 ).

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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

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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 Regular data generation on a regular basis 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, The studies should focus factors, health risks etc 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 Scientific basis behind the rules be the key Strict laws & rules

Existing gap areas:

- Inadequate laws and rules

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- 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 A structure with CPCB A coordinated approach as the nodal agency with would be the key Accountability clear cut accountability of state machinery

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

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Mandatory waste disposal not to confuse with hospital waste, electronic Framing rules such that waste etc. DCs & DMs enforce them strictly

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 Regular monitoring with Monitoring, Methodology Monitoring schedule 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 Procedure and Guidelines budgetary provisions 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

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- 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/ Instrument of time target implementation Prohibiting of littering of Municipal Corpn., Enactment of anti littering thermocol packaging and Municipal Councils and law and its enforcement organizing, collection & Panchayat mechanism segregation 3 MONTHS Segregation at source Municipal Corpn., Door to door collection

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Municipal Councils and and public awareness Panchayat programmes 3 MONTHS Prohibition of District Collectors and Frequent raids in market manufacturing, stock & SPCBs/PCCs. Local Body and industrial areas sale of Sub-standard 1 MONTH thermocol and plastic bags, films etc Management of non- Municipal Corpn., Management of non recyclable PW as it poses Municipal Councils and recyclable PW through health hazards, (burnt due Panchayat RDF and use in road to its non-recyclability) 3 MONTHS construction Regulation of PW from Railway & Airports Regulatory provisions to railways, airports, fast Authorities and Municipal be incorporated as food corners, fairs etc. Corpn condition of license 3 MONTH Regulation of industries in Industry Dept., Regular joint raids non-confirming SPCBs/PCCs & Local randomly (residential) areas Bodies 3 MONTH Utilization of PW for road Municipal Corpn., Incorporation Of Min.5% construction and other use Municipal Councils and to 8% PW in road Panchayat construction to be made 3 MONTHS mandatory initially for a period of 5 years Mass awareness campaign SPCBs/PCCs and Local Public Awareness Bodies campaign to be launched 3 MONTH and unorganized sector (Ragpickers)/NGO’s to be involved Promotion of District Collectors Research programs biodegradable and SPCBs/PCCs / for development of plastics bags and films as 3 months bio-degradable

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per ASTD- materials 6400/ISO:17088 Formulation of Action Municipal Corpn., •Local bodies to Plan for PWM such as; Municipal Councils and be given special credit • Collection & Storage Panchyats / 3 months points in form of extra facility at Each Zone grant based on quantity of • Setting of compacting plastic waste and bailing centres managed • Adoption of options •R & D projects like road construction, on PWM Plasma Pyrolysis, mfr of resins/ingots

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, Municipal bodies and other allied bodies Packaging Films due to lack of collection, should take initiative to organize proper segregation by the Local Bodies. Disposal management of plastics waste on land, may make (Action: Municipal Authority) it infertile due to impervious nature of plastics

As per present practices, the plastics • PWM should be done at Source by the wastes are disposed along with MSW Local Bodies. which poses problem in collection, • Local Bodies to develop mechanism for segregation, reusing & processing of plastics waste through recycling. Manufactures & Shopkeepers (Action: Municipal Authority

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Manufacturing, stock & sale of As per Rules, plastics carry bags of size < Substandard 8x12 inches and <20 H are not permitted. Regular checks followed by plastics bags, films etc. which poses imposing penalty to defaulters (Action: problems in collection and recycling Municipal Authority)

Non-Recyclable Plastics Waste generated The manufacturers & shopkeepers in mainly by multilayer and metalized collaboration with Local Bodies should pouches and packaging poses health properly manage Action: Municipal hazards, (burnt due to its non- Authority) recyclability)

Major Contributors/Generators of The major contributors /generators, plastics waste Such as Railways, Airports, should develop common plastics waste Fast Food Corners, Fairs etc collection and processing facilities (Action: Municipal Authority/ Railways)

Running of illegal industries in Operation of such units in Nonconforming (Residential) Areas for nonconforming manufacture and recycling of /residential areas should be prohibited. substandard plastic bags, films, cables, and recovering metals like Cu, Al, by (Action: SPCBs & PCCs / Industry burning waste plastics Department

Lack of Proper Action Plan for Plastics Formulation of Action Plan for Plastic Waste Management Waste

Management by Local

Bodies;

1.Collection & Storage Facility at Each Zone;

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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.

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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

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- 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

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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.

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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.

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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 energy as heat and (MSW, containing electricity furniture and mattresses) Gasification organic plastics waste synthesis gas or reducing mixed with separated agent / application in Flexible Polyurethane refinery processes or as Waste(FPW) reducing agent in blast furnaces. Rebonding of foam flocks separated rebonded foam / 75 decontaminated FPW well-known product, the market for it is already saturated (130.000 t/a) Powder milling 76 separated PU-powder 50-70 μ / decontaminated FPW 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 - Chairman Development (b) one expert from State Department of - Member Environment (c) one expert from State Pollution Control Board - Member or Pollution Control Committee (d) one expert from Rural Local Body - Member (e) one expert from Non-Governmental - Member Organisation (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, 31 March 2010. 78 TIFAC, Govt. of India, 79 Scott Foresman, Tire Trouble,

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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 cooperative 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, p. 68

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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.

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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,

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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.

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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.

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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 - Member Environment (c) one expert from State Pollution Control Board or - Member Pollution Control Committee (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.

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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.

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- 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

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- 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.

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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;

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- 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.

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- 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

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- 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:

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· 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

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· 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:

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To promote public awareness, education level, and behavior to react on new management system that would be implemented. The consumer should cooperate 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

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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 Activity or solution Examples strategy Selection of low impact Incorporation of waste Some tile materials manufacturing companies recycle pre- consumer waste, reaching up to 90% recycled material by weight while retaining the strength and versatility.

Reduction of the Reduction in products’ Wall and floor tiles material use thickness companies have researched into raw materials to achieve a reduction in tile thickness (in some cases from 12 mm to 4 mm). Selection of Reducing kiln firing The ceramic industry environmentally sound operations has invested production techniques 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 High efficiency New bricks with high environmental impact construction elements thermal, mechanical during the use phase 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- New method of Raised Technical Floor life systems installation and is a method of dismantling 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 ecodesign 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,

(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 500 m g/m3 (24 hours) Matter (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;

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;

(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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(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.

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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 Public Land surface sewers disposal water 1. Suspended solids, mg/l, max 100 600 200 2. Dissolved solids (inorganic) 2100 2100 2100 mg/l, max. 3 PH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0 4 Ammonical nitrogen (as N), 50 50 - mg/l, max. 5 Total Kjeldahl nitrogen (as 100 - - N), mg/l, max. 6 Biochemical oxygen demand 30 350 100 ( 3 days at 270 C) max.(mg/l) 7 Chemical oxygen demand, 250 - - mg/l, max. 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), 2.0 2.0 - mg/l, max. 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 1.0 5.0 - C6H5OH) mg/l, max.

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.

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

Recommended Country Key features of Legislations Disposal way/Method

USA As per EPA press release - April 19, 1979, The Regulations limit the the manufacture of new PCB electrical methods of disposal to the equipment (transformers oil) is entirely following: prohibited. 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 * Recommended Disposal of Polychlorinated Biphenyls and other way/Method would be same Dangerous Substances) (England and as that for USA. Wales) Regulations 2000.

All PCBs and equipment containing PCBs

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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 * Recommended Disposal stages in the notification, removal from way/Method would be same service and eventual destruction of PCBs as that for USA. 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.

Hong Stockpiles of PCBs contained in PCB - NA, as no PCB - containing Kong products manufactured from past Transformer stockpiles industrial activities exist. found in Hong Kong Since 2001/02. 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.

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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 biodegradable 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.

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