Open Access Research Article
SOLID WASTE MANAGEMENT : BENGALURU’S APPROACH
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Article Details
SOLID WASTE MANAGEMENT : BENGALURU’S
APPROACH
Abstract
As the world progresses, the amount
of waste generated increases, leading to the need for efficient waste
management. Each country has its own approach to waste management, and India is
no exception. Various laws and policies are enacted and implemented for
effective waste management in the country. The Solid Waste Management Rules,
2016, aim to regulate the management of solid waste in an environmentally sound
manner. The rules apply to every urban local body, every operator of a waste
processing or disposal facility, and every generator of solid waste. The rules
provide for the source segregation of waste, setting up of waste processing
facilities, and the use of environmentally friendly technologies for waste
management.
In India, every state has its own
civic body for administering its infrastructure. In Bengaluru, the Bruhat
Bengaluru Mahanagara Palike is responsible for basic amenities and waste
management. However, Bengaluru has faced several problems in solid waste management,
with illegal landfills being a major issue. In light of the Solid Waste
Management Rules, 2016, it is imperative that the civic body ensures proper
implementation of the rules and enforces stricter regulations.
This paper aims to examine the waste
management system in Bengaluru, focusing on the problems associated with it in
relation to the Solid Waste Management Rules, 2016. It also discusses two
incidents of illegal waste dumping in Mavallipura and Mittaganahalli, which
violate the rules.
Introduction
To begin with the controversies in
association with waste management. We must understand the different kinds of
waste and its management for the same.
Solid waste includes types of
garbage, trash, refuse or discarded material. Depending on where such waste is
generated it is further classified into municipal solid waste, health care
waste and e-waste. Improper disposal of such wastes can lead to adverse health
outcomes[1]. Thus it
becomes crucial to manage these solid wastes in an appropriate manner.
In addition to this definition, An
american approach to defining solid waste has broadened its meaning.The Resource Conservation and
Recovery Act, 1976 established a framework for hazardous hazardous and non-hazardous waste management
programs. In this the RCRA explicitly stated that solid waste does not limit
itself to wastes that are physically solid but also includes wastes in liquid
semi-solid, or contained gaseous material.[2]
India sees solid waste as wastes from animal, hazardous wastes, industrial and
non-infectious medical wastes, food wastes, mineral wastes, and non-hazardous
waste.[3]
Therefore stating that wastes not only include human waste but also animal and
other wastes.
Thus,
it is very essential for solid waste management to be maintained. There are 8
major steps of solid waste management. Namely, Generation, storage,
transportation and disposal.
Generation-
At this stage the waste becomes of no use to the owner and wants to dispose of
it.
Storage-
At this stage, Before disposing, the waste needs to be stored in a container.
Transportation-
Is the stage where the wastes are collected from the containers and transported
to the final destination.
Disposal-
This bears as an important stage of solid waste management as the whole purpose
of waste management lies in the safe and reliable long term disposal of waste. [4]
Solid
waste management - From the eyes of law
Management of Solid Waste has been
highlighted in our Constitution Indian Penal Code as well as code of criminal
procedure.
The constitution of India has various
provisions such as Article 48A that “the state shall endeavor to protect and
improve the environment and to safeguard the forests and wildlife of the
country” which imposes duty and responsibility on the state to protect and
preserve the environment.[5]
Consequently Article 51(a)(g) “It shall be the duty of every citizen of India
to protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures.” thereby the citizens
have the duty to protect and preserve the environment. In addition to that
Article 253 of the Constitution of India states that “‘Parliament has power to
make any law for the whole or any part of the country for implementing any
treaty, agreement or convention with any other country.” Implying that
International treaties, conventions, agreements either national or
international can be implemented i.e made into laws and give effect to it. One
such example is the implementation of the Air Act and Environment Act through
Article 253. [6]
Moving on to the provisions in the
Environmental laws prevailing in India. The Environment (Protection) Act, 1986
was enacted in advancement of The Stockholm Conference in June 1972. This Act
included major provisions such as Section 3 ( Central government's power to
take measure and improve the environment), Section 6 ( Rules to regulate
environmental pollution, in order to ensure quality of waste, air as well as
regulation of hazardous substances)[7]
Furthermore, we have The Solid waste
(management and municipal handling) Rules, 2016. These rules deal with the
duties of the waste generators and other concerned authorities such as Ministry
of Environment, Forest and Climate Change, Ministry of Urban Development, Department
of Fertilizers, Ministry of Chemicals and Fertilizers, Ministry of Agriculture, Government of
India, Ministry of Power, Ministry of
New and Renewable Energy Sources and so on to ensure adequate waste management
for various other wastes generated and supervision of the same.[8]
Bengaluru’s approach towards waste
management
Bengaluru holds the position of the
fourth largest municipal corporation in India. Thus, to manage
Bengaluru's civic body and infrastructure,
The Bruhat Bengaluru Mahanagara Palike was established. Its main
objective is to look after the basic amenities of the people as well as
obligatory functions such as cleaning and construction of roads, clearing of
sewage and garbage, waste disposal, maintenance of drains, bridges and
pavements and tree planting among others.[9]
Bengaluru
generates about tons of solid waste on a daily basis. Most of the wastes are
generated from household, commercial establishments and street sweeping. 309g
of per capita waste generation in the city is from households in the city and
300g from slums. Wates collected are of different types. Wet waste,dry waste,
sanitary waste, Hazardous waste, Sanitary waste, C&D waste and mix waste.[10]
The structure of the Bruhat Bengaluru
Mahanagara Palike is Headed by the commissioner. Under the commissioner is the
special commissioner for solid waste management. Further The Joint Commissioner
(Health & SWM) works closely with the health department to ensure that
waste is being managed in a way that does not pose a risk to public health.
The CEO Plants and Plant Managers,
Chief Marshal and Marshal Supervisors, Chief Marshal and Marshal Supervisors,
Solid Waste Inspector/Junior Health Inspector, Lastly the largest group in the
hierarchy are the Pourakarmikas. [11]
These Pourakarmikas collect all the
wastes from households, Institution and markets, Hotels and restaurants, street
sweeping. These wastes are further taken to waste processing units after which
the leftover Non-recyclable, Non- Compostable and permanent processing are
dumped in landfills.[12]
Although there are various
authorities to look into the administration of processing solid waste
management, Bengaluru has had plenty of illegal landfills where waste collected
is being dumped for example, The Mavallipura Landfill - The illegal dumping of
municipal solid waste in Mavallipura, a village north of Bangalore, highlights
the larger systemic failure in the management of waste disposal in urban areas.
With over 3000 tonnes of waste generated daily in Bangalore, uncontrolled
dumping in peri-urban areas, including farmlands and wetlands, has become a
common practice, with land leasing for dumping becoming a profitable venture
for some landowners. Mavallipura's troubles began when a local landowner leased
his farmland to the Bengaluru Mahanagara Palike to dump solid waste from the
city. With no safeguards in place, the landfill contaminated the area,
polluting the air, soil, and water, and causing health problems for the
villagers. Protests were launched against the landfill, and documents revealed
that the landowner had fraudulently claimed forest land as his own, and
practiced callous dumping of waste. The BBMP canceled the agreement, and the
Forest Department claimed its land by burning off the massive mountains of
waste. The Karnataka State Pollution Control Board initiated criminal action
against the landowner but did not hold the BBMP responsible for any wrongdoing.
This incident serves as a reminder of the urgent need to address the waste
disposal problem in urban areas and take responsibility for its consequences.
Despite this a second illegal
landfill which has been receiving wastes in 2007. [13]
Mittaganahalli- In March 6, 2020, a
court ruling was issued stating that if the Karnataka State Pollution Control
Board (KSPCB) failed to provide authorization within three weeks, the disposal
of solid waste at the Mittaganahalli quarry site in northeastern Bengaluru must
be halted. The ruling was made in response to a PIL petition filed in 2012
regarding the non-compliance of the Municipal Solid Waste (Management and
Handling) Rules, 2000, and the Solid Waste Management Rules, 2016. The state
pollution control board has notified the court that they have not given
authorization concerning this matter. Despite this, the disposal of mixed waste
has persisted in the aforementioned area.[14]
As a result, Bengaluru experiences
persistent challenges with regards to illegal landfilling, and efforts to
address this issue remain ongoing.
Solid Waste Management Rules, 2016
The Ministry of Environment, Forests
and Climate Change (MoEFCC) issued guidelines for managing various types of
waste, including plastic, hazardous waste, construction and demolition waste,
and solid waste. The Solid Waste Management (SWM) rules, 2016 replaced the
previous Municipal Solid Wastes (Management and Handling) Rules, 2000. The SWM
rules promote scientific methods of waste disposal, including source segregation
of waste into organic, dry, and hazardous categories before handing it over to
waste collectors. The rules require proper disposal mechanisms for sanitary
waste and mandate that hotels and restaurants set up systems for proper
disposal of food waste. Municipalities are authorized to charge fees for
collecting and disposing of solid waste and impose fines for violations of the
SWM rules. The rules also promote the development of infrastructure for
eco-friendly waste disposal mechanisms like composting and bio-methanation and
incentivize their implementation. The government established a central
monitoring committee to oversee the implementation of the SWM rules, chaired by
the Secretary of MoEFCC and comprising stakeholders from the center and states.[15] Thus,
Solid Waste Management Rules, 2016 is an essential legal tool that regulates solid waste management
throughout India.
One of the most significant points
emphasized in the Solid Waste Management Rules, are The location designated for
the landfill must be at least 100 meters distant from the river, 200 meters
away from ponds and highways, as well as any residential areas, public parks,
or water supply sources. Additionally, the landfill site should be situated at
least 20 kilometers away from airports or air bases.[16]
Referring to the instance of illegal
landfilling in Mavallipura and Mittaganahalli, it is evident that this act was
a direct violation of the aforementioned rule.
The MoHUA has acknowledged that
uncovered garbage dumps are responsible for polluting the air and water, and
pose significant long-term health and environmental risks.[17]
on the same light The Solid Waste Management Rules, 2016 says that Old dumps
must be closed and rehabilitated in the manner prescribed.[18]
Hence, it is possible to establish a comparison between the unauthorized
disposal of waste in Mittaganahalli and the necessity of removing that mixed
waste from the site since it may result in health and ecological concerns in
the region.
Conclusion
As the world progresses, it becomes
crucial for countries to adopt proper waste management systems to protect the
environment and the health of current and future generations. In India, several
laws regulate waste management, including the Environmental law, Indian Penal
Code, and the Constitution. One of the significant laws that govern solid waste
management is The Solid Waste Management Rules, 2016. These rules define the
roles and responsibilities of various authorities and encourage public
participation in efficient waste management.
Bengaluru, being one of the biggest
municipal corporations in India, has encountered challenges in implementing
effective Solid Waste Management. Despite the close administration of waste
management by the Bruhat Bengaluru Mahanagara Palike, the city is still
grappling with the problem of illegal landfills. Therefore, I believe that
there is a dire need for the proper implementation of The Solid Waste
Management Rules, 2016 and stricter administration to combat this issue.
[2] United States Envrionmental Protection Agency, https://www.epa.gov/hw/criteria-definition-solid-waste-and-solid-and-hazardous-waste-exclusions,
last updated on January 26, 2023
[4] Sneha Maji, Collaboration of Technology and Law for
Solid Waste Management in India, 6 INDIAN J.L. & PUB. POL'y 48 (2019).
[5] India CONST. Art. 48A
[6] constitutional provisions for the protection of
environment with relevant case laws, ,https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-article.pdf
[7] Vatsala Mishra & Mayank Singh, Municipal Solid Waste Management: An Analysis of Current State of
Affairs in India, 13 INDIAN J.L. & Just. 302 (2022).
[9] Bengaluru smart city, Government of Karnataka, https://blrsmartcity.karnataka.gov.in/page/About+Us/About+BBMP/en, last updated 29-03-2023
[10] Bruhat Bengaluru Mahanagara Palike, https://site.bbmp.gov.in/departmentwebsites/swm/index.html,
[11] Bruhat
Bengaluru Mahanagara Palike, https://site.bbmp.gov.in/departmentwebsites/swm/orgchart.html#
[12] B.P.
Naveen and P.V. Sivapullaiah, Solid Waste Management: Current Scenario and
Challenges in Bengaluru, intechopen.90837, DOI: 10.5772
[13] "Bangalore's
toxic legacy: Investigating Mavallipura's illegal landfills" (no date)
"Bangalore's Toxic Legacy:
Investigating Mavallipura's Illegal Landfills" | Environment Support Group.
Available at:
http://www.esgindia.org/resources/reports/press/bangalores-toxic-legacy-investigating-ma.html
(Accessed: April 25, 2023).
[14] "Bangalore's
toxic legacy: Investigating Mavallipura's illegal landfills" (no date)
"Bangalore's Toxic Legacy:
Investigating Mavallipura's Illegal Landfills" | Environment Support Group.
Available at: http://www.esgindia.org/resources/reports/press/bangalores-toxic-legacy-investigating-ma.html
(Accessed: April 25, 2023).
[15] NAVEEN, B.P. (2021) “Scenarios of waste management
nexus in Bangalore,” Energy Nexus, 1,
p. 100004.
[16] Supra 8
[17] Singh, Richa. “Introduction.” TOOLKIT: LEGACY WASTE MANAGEMENT AND DUMPSITE REMEDIATION TO SUPPORT
SWACHH BHARAT MISSION 2.0, edited by Archana Shankar and Arif Ayaz Parrey,
Centre for Science and Environment, 2022, pp. 9–20. JSTOR, http://www.jstor.org/stable/resrep43557.3. Accessed 25 Apr.
2023.
[18] Supra note,16
Article Information
SOLID WASTE MANAGEMENT : BENGALURU’S APPROACH
Authors: PRANJALI G HEGDE
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/26
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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