E Waste Management in India, EWM Rules 2016, A Complete Essay on E-Waste, Full Form, E-Waste Disposal and Management, E-Waste Generation in India

Electronic Waste Management in India

E-Waste Management: Meaning, Definition, EWM Rules 2016

INTRODUCTION

Electronic goods occupy the middle position of modern civilization. Electricity is in fact, the most utile source of energy of the present-day world. The electronic goods, run on electricity, are common machines which assist mankind in different ways. Though Electronic goods are durable, yet after a specific period of time, they turn into scraps. As plastic is a prolific part of electronic goods, the obvious result is the pollution caused by the discards of electronic goods. They are more popularly known as electronic waste or e-waste for short. In the Indian scenario, the government is highly concerned about the drastic effects of the e-waste. So, the government has been framing different rules from time to time to deal with the matter. Earlier, the government introduced Electronic Waste Management Rules in 2011 and later a new set of rules was introduced titled Electronic Waste Management Rules, 2016 which overwrote the former rules of 2011. These Rules were framed by the MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986.

ELECTRONIC WASTE: MEANING AND DEFINITION

Any electrical gadgets or devices such as computer and computer peripherals, mobile devices, television sets or any other electricity run equipment which do not have anymore ‘useful life’ are to be treated as electronic waste or e-waste.

The Electronic Waste Management Rules, 2016 Chapter – I, Rule 3(1)(r) defines that 'e-waste' means electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes.

ELECTRONIC WASTE MANAGEMENT

The Rules 2016 coins the term ‘environmentally sound management of e-waste’. The management of e-waste must be aligned with the sound health of the environment. As per Rule 3(1)(o) 'environmentally sound management of e-waste' means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste.

The EWM Rules, 2016 provides for procedural guidelines for the management of e-waste. Some of the rules are discussed below:

1. Assignment of Responsibilities for different Parties: The Chapter – II of the said Rules prescribe some responsibilities to different parties who are covered under Rule 2. From Rule 4 to Rule 12, the different parties covered are manufacturer, producer, collection centres, dealers, refurbisher, consumer or bulk consumers, dismantler, recycler and state governments.

            The manufacturers are responsible to collect e-waste generated during the process of manufacture of electrical and electronic equipment and channelize it for recycling or disposal. They must ensure that no damage is caused to the environment during storage and transportation of e-waste.

            The recyclers are responsible for implementing the extended producers responsibility with a prescribed format. They can implement the extended producers responsibility either individually or collectively.

            The collection centres are there to collect e-waste on behalf of the producer or dismantler or recycler or refurbishers.

            The dealers can work on behalf of the producer, dealers, if so assigned, to collect e-waste from the consumers and send back that e-waste to the collection centres or to any other party as designated by the producer.

            The refurbishers have the responsibility to collect and channelize e-waste generated during the time of refurbishment, by ensuring that the refurbishment process does not cause any adverse effect on the health and the environment.

            The consumers or bulk consumers are required to channelize the e-waste through the collection centres, dealers, dismantlers, recyclers etc.

            The dismantlers have to ensure that the facility and dismantling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board.

The recyclers have to ensure that the facility and recycling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board.

The State Governments also have to practice different functions to ensure sound management of e-waste.

2. Storage of e-waste: Rule 15, under Chapter – IV provides for the procedure for the storage of e-waste. The manufacturers, producers, bulk consumers, collection centres, dealers, refurbishers, dismantlers and recyclers may store the e-waste for a period not more than 180 days.  They are required to maintain a record of collection, sale, transfer and storage of such e-waste. In certain cases, the State Pollution Control Board may extend the period to 365 days.

3. Reduction in Hazardous Substance: Under Rule 16, Chapter – V, the producers are additionally liable for the reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components. They shall have to ensure that the new products do not contain lead, mercury, cadmium etc. beyond a prescribed limit. In case of violation of this rule, the producers have to withdraw or recall their products. However, this rule is not applicable to the manufacture of electrical and electronic equipment used for defence.

4. Liability and Appeal: The manufacturer, producer, importer, dismantler and recycler have to undergo two sorts of liabilities as per Rule 21:

            i) They may be held liable for all damages caused to the environment or third party due to improper handling and management of the e-waste.

            ii) Even they shall be liable to pay financial penalties as levied for any violation by the State Pollution Board with the approval of the Central Pollution Board.

            Rule 22 provides for appeal provision. In the cases as mentioned in the said rule, the aggrieved person may appeal to the Central Pollution Board within 30 days. The appellate authority has to dispose of the matter within 60 days from the date of appeal.

CONCLUSION

India’s vision to clean and green India is very clear. At no cost, India can allow to occur the degradation of the environment. The rules framed under the Environment Protection Act, 1986 have clear guidelines for environment healthy sound management of e-waste. The Rules of 2016 are precedents of Rules framed in 2011. Later, the government has made further amendments in 2018 to make upgradation in the former rules of 2016.