The CPCB was involved in the matter of hazardous waste management in its role as a State Board forUnionTerritories until such
functions were transferred from the Central Board to the Pollution Control Committees under the directions of the Central Government.
c. State Pollution Control Boards (SPCBs): The Hazardous Waste (Management and Handling) Rules, 1989 assigned the principal role in the safe handling and management of hazardous wastes to the SPCBs.The SPCBs were required to do the following:
authorization to occupiers/operators to conduct any activity connected with the
generation and handling of hazardous wastes. For this, the SPCB has to examine
the applications (made by occupiers in Form 1) for authorization to deal with
hazardous wastes, and to grant authorization for operating facilities for
collection, reception, treatment, storage, transport and disposal of hazardous
wastes in Form 2 (Rule 5)
State Board was prohibited under Rule 5(4) from granting authorization, if it
was satisfied that the occupier did not have the necessary facilities,
technical capabilities and equipment for safe handling of hazardous wastes
board could suspend or cancel the authorization (Rule 6) or refuse it (Rule 7),
if conditions imposed in the letter of authorization were not met by the
section 9, proper records have to be maintained by the occupiers and the
returns have to be sent annually to the SPCBs in Form
4. Accidents have to be reported to the SPCB in Form 5.
Under the Environment (Protection) Act, 1986, the State Boards were delegated powers of entry and inspection (section 10), sample collection (section 11), and powers for prosecuting (section 19) any industrial unit that violated the prescribed standards and provisions of the rules. The power to give direction (section 5) for closure of the unit covered under the Hazardous Waste (Management and Handling) Rules, 1989, was delegated subsequently in 1997.
d. State Government: Under the Hazardous Waste (Management and Handling) Rules 1989, State Governments were entrusted with certain responsibilities in relation to management of hazardous waste. These involved :
of sites for the disposal of hazardous wastes in their states, after
ascertaining the suitability of the sites through Environmental Impact
Assessment Studies (Rule 8)
and maintenance of an inventory of such sites (Rule 8)
and notification of hazardous waste dump sites (Rule 8)
Thus, the State Governments were to undertake a continuing program for identification of sites for disposal of hazardous wastes. They were also required to undertake Environmental Impact Assessment (EIA) studies before identifying such waste disposal sites. More importantly, they were required to publish an inventory of site within which hazardous wastes had at any time been stored or disposed of together with the location and description, and also information relating to the amount, nature, and toxicity of hazardous waste at each of such sites along with the inventory.