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Wednesday, May 27, 2009

MPCB and Pollution Control











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Legal Matters - A Sine View - Information regarding implementation of Hazardous Waste


Information regarding implementation of Hazardous Waste (Management & Handling) Rules,1989 in the State of Maharashtra with reference to the order passed by the Hon’ble Supreme Court of India in Writ Petition (Civil) No.657 of 1995 filed by Research Foundation for Science, Technology & Natural Resource Policy
V/s
Union of India & Ors.
(1)
Research Foundation for Science, Technology & Natural Resource Policy has approached Hon’ble Supreme Court of India under Article 32 of the Constitution of India, complaining of violations of Article 14 & 21 of the Constitution of India due to alarming situation created by dumping of hazardous wastes, its generation & serious & irreversible damage as a result thereof to the environment, flora & fauna, health of animals and human beings by filing the Writ Petition (Civil) No.657 of 1995

Maharashtra Pollution Control Board had filed its first Affidavit on 10-6-1997 through Dr.S.R. Chaudhari, the then Principal Scientific Officer, giving details of the steps taken for inventorisation of hazardous wastes as per initial Rules, 1989. A districtwise extensive survey was carried out and the units were given the authorizations with necessary terms & conditions. The Board officers had identified 3427 units as hazardous wastes generating/handling units in the State of Maharashtra. Out of 3427 units, 3013 units covered by grant of authorization by door to door surveys, 414 units served with the directions of closure under Section 5 of the Environment (Protection) Act, 1986. Maharashtra Pollution Control Board had submitted time bound programme for carrying out a detailed survey about ensuring availability of required safe disposal sites, steps taken by the industries to ensure safe disposal of hazardous wastes in those disposal sites. Taking into consideration the urgency of identification of sites for safe & scientific disposal of hazardous waste in the State of Maharashtra as required under the Hazardous Wastes Rules, 1989, Govt.of Maharashtra has declared M.I.D.C. as an agency for identifying suitable sites vide G.R.No.ENV-1096/C.R.19/TC.2, dated 29-10-1996 and 12-3-1997. The waste disposal sites identified the individual units had been asked to treat and dispose off the hazardous waste within their premises.

Govt.of Maharashtra issued a notification in respect of site at Patalganga Industrial Area vide G.R. No.ENV-1095/C.R.12/TC.2, dated 19-09-1996, out of 7 sites selected for disposal of waste.

Maharashtra Pollution Control Board had prepared proposal for refurbishing, development of existing laboratories of the Board and to establish 6 Field Laboratories for effective monitoring and analysis of hazardous waste in the State. The Board has also purchased 7 Mobile Monitoring Vans to ensure effective monitoring of the compliance of authorizations. A perspective Action Plan prepared by the Board and submitted to the Ministry of Environment & Forests, Govt.of India.

NEERI had reported the figure of 8545 units under its Draft Report on Inventorisation of Hazardous Waste Generating Units in Maharashtra without giving any list. The said list was prepared on the basis of applications for consent and consent letters scrutinized by the NEERI and not on the basis of actual survey. The inventorisation was not done on the basis of scrutiny of each case. The figure was worked out tentatively on hypothetical basis. MPC Board, therefore, had to act on its own for preparing the inventory of hazardous waste generating units. The officers of the Board had collected the information by extensive field surveys from the staff of the Board after issuance of widely circulated public notices, communication from the Board offices and through Industrial Associations in the year, 1997. A districtwise statement of units generating hazardous waste in the State of Maharashtra was prepared at that time is reproduced hereunder :




DANGERS of HAZARDOUS WASTE


ECO FRIENDLY ELECTROPLATING


17 categories of Industries requiring pollution control in India








when will INDIA be able to control pollution

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