Industrial Wastes or By-Product? NGT takes up implementation of CPCB framework
NGT has been told that directions issued by the Ministry and other authorities have not been effectively implemented at the ground level.
The National Green Tribunal has undertaken an application seeking implementation of the ‘Framework on Identification of Materials Generated from Industrial Processes as Wastes or By-Products’ issued by the Central Pollution Control Board (CPCB) in September, 2019.
An original application in this regard has been filed by Society for Protection of Environment and Biodiversity (SPENBIO). The NGT has granted time to SPENBIO to examine the issue and put-forth the suggestions for effective implementation of the framework issued by the CPCB, the directions under Section 5 of the Environment (Protection) Act, 1986 issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and CPCB and also proper implementation of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
Senior Advocate Sanjay Upadhyay, appearing for SPENBIO, informed NGT that in violation of rules, regulations and norms, the hazardous waste is passed as By-Product creating the environmental hazard. He further submitted that the CPCB had issued the directions under Section 5 of the EP Act in 2024 and MoEF&CC had also issued the directions under Section 5 of the EP Act in 2024, but these directions have not been effectively implemented at the ground level.
MoEF&CC also filed an addition affidavit disclosing the status of implementation of the CPCB's framework. It has told NGT that 29 States/UTs namely Andhra Pradesh; Arunachal Pradesh;Assam; Bihar; Chandigarh; Chhattisgarh; Delhi, Daman, Diu, Dadra & Nagar Haveli; Goa; Gujarat; Haryana; Himachal Pradesh; Jammu & Kashmir, Jharkhand; Karnataka, Kerala; Meghalaya; Mizoram; Madhya Pradesh; Maharashtra; Odisha; Punjab; Puducherry; Rajasthan; Tamil Nadu; Telangana; Tripura; Uttarakhand; Uttar Pradesh and West Bengal have constituted Technical Evaluation Committee (TEC).
Furthermore, 6 States/UTs namely Andaman & Nicobar Island, Ladakh, Lakshadweep, Manipur, Mizoram and Nagaland had informed the Ministry that there were no hazardous waste generating/processing industry or only recyclable hazardous waste producing industries are available in the State/UTs.
The matter will be heard again on 14 November 2025.
Case Title: Society for Protection of Environment and Biodiversity (SPENBIO) vs. Union of India & Ors.
Order Date: August 26, 2025
Bench: Chairperson Prakash Shrivastava with Expert Members Dr. A. Senthil Vel and Ishwar Singh