Press Release

Proposed Waste Management Rules biased against poorer classes,
waste continues to follow path of least resistance

Why Waste Rules being framed by Environment Ministry and Waste Policy by
Urban Development Ministry

Promotes environmental lawlessness & iniquitous & unscientific
Waste, Plastic Mgt & Sanitation practices

Legalizes continued dumping and burning of waste as solution, not a problem

Rules look at sub urban & rural areas as dumping grounds for urban waste

At a Round Table on “Politics of Waste Management & Draft Solid
Waste Management Rules, 2015 and Draft Plastic Waste Management Rules,
2015” it was decided that Kachra Intzamia Muhim (Waste Management Campaign)
will jointly submit comments on them and provide an alternative legal
framework to deal with waste crisis. It emerged that both the Rules farmed
by Union Ministry of Environment, Forest and Climate Change suffer from
poverty of environmental imagination. It fails to underline that Indian
solid waste has hazardous waste characteristics. Its faith in building
landfills in the sky remains unshaken despite repeated failures in waste to
energy projects. It
does not factor in the recommendations on Integrated Plant
Nutrient Management which had advanced a progressive argument for securing
soil nutrients from composts from waste incineration technologies
that turns it into pollutants.

The Rules acknowledges that the mandate of waste management lies with Urban
Development Ministry by stating that it should “formulate National Policy
and Strategy on Solid Waste Management in consultation with stakeholders”.
Shouldn’t the Solid Waste Management Rules be framed by the Urban
Development Ministry as well. Why Rules and Policy should on the same
subject of waste management is being framed by two different ministries
namely, Environment Ministry and Urban Development Ministry.  It underlines
the lack of holistic approach in dealing with waste crisis.

Both the Rules fail to aim at reducing plastic use. They fail to provide
mechanism for the implementation of Extended Producer Responsibility (EPR).
Draft Solid Waste Management Rules fails to take lessons from Suryapet,
Telangana and Nammkal in Tamil Nadu where Zero Waste philosophy has been
adopted. It refuses to acknowledge and learn from admitted failures in
Timarpur and Okhla in Delhi. Draft Plastic Waste Management Rules fails to
learn from success in Himachal Pradesh and Sikkim and failures in Delhi and
elsewhere. The provision in the Draft Solid Waste Management Rules for
the segregation of waste into four categories- bio-degradable or wet waste,
non bio-degradable or dry waste, domestic hazardous wastes and construction
and demolition waste by the waste generator is noteworthy.  The Draft Rules
has extended its jurisdiction. It applies “to every urban local body, all
statutory towns, outgrowths in urban agglomerations as declared by the
registrar general & census commissioner of India, notified areas/notified
industrial townships, notified area committees, area under Indian railways,
defense cantonments, special economic zones in the country and every waste
generator.”

If the idea is to seek sites for landfill and waste processing facilities
beyond municipal limits then this is likely to have grave political
implications. The Rules fails to provide exact criteria for identification
for such facilities. The deafening silence of framers of the Draft Rules
and the foreign funded NGOs who were involved in it exposes their class
bias.

The Rules must make it mandatory for the waste of each district to remain
in that very district so that waste does not shift to poorer localities by
adopting Not In My Back Yard (NIMBY) syndrome. The Rules must provide for
compulsory six monthly public health audit of communities living in the
vicinity of waste treatment facilities in general and environmental and
occupational health audit of formal and informal workers involved in the
waste management. The participants raised serious questions about the need
for having two separate Rules when plastic is at the focal point for both
of them.  The committee on whose recommendations these Rules have been
 framed have revealed itself to be a supporter of status quo. It disregards
public health in general and environmental and occupational health in
particular in its framing. The Rules continues to promote movement of waste
from richer areas to poorer areas. It pays lip service to waste
minimization, waste segregation, composting but ignores the fact that
Ministry of New and Renewable Energy has already distorted waste management
by making misplaced combustion technology based energy as the driving
concern. It disregards the composition of the Indian waste and promotes
burning and burial of waste.

It provides standards for emissions of heavy metals and persistent organic
pollutants but ignores the fact that Central Pollution Control Board and
most State Pollution Control Boards do not have functional laboratories to
test the emissions and to monitor compliance.

Members of Kachra Intzamia Muhim (Waste Management Campaign) examined the
Draft Solid Waste Management Rules, 2015 and Draft Plastic Waste Management
Rules, 2015 noted the role which Ministry of Chemicals and Fertilizers is
being assigned for supporting composts. Sadly, unmindful of its distorting
effect, MNRE provides Rs 1.5 crore/MW for energy generation from waste. No
such incentive has specifically been provided.

The role of Central Pollution Control Board (CPCB) in approving
new technologies has been mentioned both under tasks assigned to CPCB
and State Pollution Control Boards, Pollution Control Committees but
it does not factor existing experience in this regard. The case of use
of unapproved technology in Jindal’s Okhla based waste to energy project is
quite germane in this regard.

The Draft Solid Waste Rules reads: “In case of new technologies, where no
standards have been prescribed by the Central Pollution Control Board,
State Pollution Control Board or Pollution Control Committee, as the case
may be, shall approach Central Pollution Control Board for getting
standards specified.” The fact is that although a new Chinese technology is
being used at Okhla, Delhi Pollution Control Committee is yet to approach
CPCB in this regard.

The Draft Rules provides that CPCB should “review the proposals of state
pollution control boards or pollution control committees on use of any new
technologies for processing, recycling and treatment of solid waste and
prescribe performance standards, emission norms for the same”.   The fact
is that CPCB has admittedly failed to review the Chinese technology in
question and “prescribe performance standards, emission norms for the same”
with no legal consequences. The participants also objected to reference to
waste workers as waste pickers in both the Rules.  Although several years
have passed waste workers have not been provided legal status despite
National Environmental Policy 2006 promise to provide legal status to
waste workers. Waste workers provide invaluable environmental service
by ensuring resource and material recovery. In such a situation
of environmental lawlessness and social injustice, the proposed Rules
do not inspire even an iota of confidence.

The Draft Rules mention Metal Recovery Facility (MRF). It ought to have
made provision for handing MRF to co-operatives of waste workers. The Rules
refer to user fee without clarifying whether it would be based on the
quantity or type of waste generated by waste producers. The Rules pay
lip-service to incentives for decentralised waste treatment facilities. Its
continued reliance on incineration Refuse Derived Fuel Technologies shows
that ministry’s love affair with costly centralised facilities for treating
and disposing municipal wastes is far from over.

The reference to “viability gap funding” in the Draft Rules drew criticism
from participants. This implies that the ministry has envisaged financial
support “to be paid to the concessionaire or operator of a solid waste
processing facility” in order “partly cover the difference between market
price of the output and its production cost plus reasonable profit margin.”
The integrated zero waste management waste practices worldwide reveal that
saner waste management practices generate both revenue and livelihoods in
such a
scenario such promotion of public private partnership (PPP) points to a
deeply flawed fiscal design.

The Round Table was organized by Kachra Intzamia Muhim, a joint effort of
voluntary organizations, researchers, activists and workers associations.
The participants included members from ToxicsWatch Alliance (TWA), Shahri
Mahila Kaamgaar Union, Wastepicker Welfare Organization, Lokadhikar, Indian
Social Action Forum (INSAF), SRUTI, Hazards Centre, AIKMM, PEACE, CCSSD,
Lokashraya Foundation, Jawaharlal Nehru University (JNU).

For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 9818089660,
Web: www.toxicswatch.org, E-mail-1715krishna2gmail.com, Dharmendar Yadav,
Lokadhikar, Mb: 9899044249, E-mail:[email protected]


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