Environmental Regulations Implementation in Maharashtra

1. MAHARASHTRA POLLUTION CONTROL BOARDWELCOMESChairman and Members of the Parliamentary Committee (RS) on subordinate legislation

2. Presentation on Implementation of Batteries Rules in Maharashtra by Dr. D. B.Boralkar Member Secretary Maharashtra Pollution Control Board February 7, 2005

3. Water Act, 1974 Air Act, 1981 Water Cess Act, 1977 Implementation of orders by the Courts The Environment (Protection) Act, 1986 & Rules made thereunder MPCB was established in 1970 under the Maharashtra Water Prevention and Control of Pollution Act.In 1983 State Legislature adopted Central Act “Water Prevention & Control of Pollution Act, 1974”Activities of MPCB are science and technology based .They include implementation of environmental regulations, such as:

4. ORGANIZATIONAL STRUCTURE Board consists of following Members

5. ORGANISATION • Head Quarter at Mumbai • Central Lab., Navi Mumbai • Regional Offices (11) • Regional laboratories (6) • Sub-Regional Offices (45) • Staff : 703

6. IMPLEMENTATION • Consents under Air and Water 50000 • Authorisations for HW 3247 • Authorisations for BMW 8838 • Authorisation for MSW 248 • Water Cess: industries/local bodies 5600 • Legal actions/directions 4531 • Coastal Zone Regulation

7. ENVIRONMENTAL MONITORING No. of samples analysed • water 3883 • waste water 13627 • ambient air 2426 • stack emission 1438 • hazardous wastes 2159 TOTAL 23533[Year 2003-2004]

8. COMMON FACILITIES FORMANAGEMENT OF HAZARDOUS WASTES AND BIOMEDICAL WASTES • HW TSDF at TTC and Taloja made functional • BMW TSDF: Inspected, directions issued for improvement. BG taken. • Four Common facilities for management of BMW at Mumbai: Technical adviser to MCGM • 17 facilities in the State (excluding Mumbai)

9. ENVIRONMENTAL PLANNING • Feasibility report on environmental improvement at Shirdi and Shani Shingnapur. Work awarded to M/s Wilber Smith Ltd. Bangalore. Target date June 2005. • Zonning atlas for siting of industries based on environmental considerations. [Ratnagiri, Aurangabad, Pune]

10. REPORTS / PUBLICATIONS • Water quality of the Goadvari river during Kumbhmela • Status of water pollution in Mithi river • Environmental status of Nagpur Region • Environmental status of Thane Region • Status of some common facilities for management of BMW • Inventory of HWs Aurangabad, Nagpur Navi Mumbai, Pune Thane and Regions • “Environment First: Maharashtra – 2004” • Guidelines for O&M of effluent treatment plants.

11. PUBLIC INFORMATION • Website : http://mpcb.mah.nic.in • Films and songs • Campaign in Print & electronic media • Training programmes for NGOs • Seminars/Workshops

12. APPRECIATIONS • Appreciation letter to the Chief Secretary by the Chairman of SCMC [CWP 657 of 1995 in the Supreme Court regarding management of hazardous wastes] • Supreme Court Appreciated MPCB in its order dated 5.10.2004 regarding municipal solid waste management [CWP 888 of 1996] • Mumbai High Court (Nagpur Bench) in its order dated 19.10.2004 appreciated MPCB regarding noise pollution monitoring [CWP 632 of 2004]

13. BATTERIES (MANAGEMENT & HANDLING) RULES 2001 • Generation of old/used batteries in India is estimated to be in order of 150,000 MT/year • To promote systematic collection of old and used LABs. • Adverse impacts of air pollution due to back yard smelting • Need to facilitate systematic collection of old/used LABs • Sectors of Transport, IT, Telecom, Power, Shipping, Defence, Railways are the major users of the LABs • Recycling of LABs by application of EST and facilities for management of wastes generated

14. STAKEHOLDERS • Manufacturer, • Importer, • Re-conditioner, • Assembler, • Dealer, • Re-cycler, • Auctioneer, • Consumer and • Bulk Consumer

15. RESPONSIBILITIES OF MANUFACTURER, IMPORTER, ASSEMBLER AND RE-CONDITIONER • To ensure that the used batteries are collected back as per the Schedule against new batteries sold excluding those sold to original equipment manufacturer and bulk consumer(s); • To ensure that used batteries collected back are of similar type and specifications as that of the new batteries sold; • To file a half-yearly return of their sales and buy-back to the State Board in • Form- I latest by 30th June and 3 1st December of every year; • Form- I I latest by 3oth June and 3 1st December of every year: Importer • To set up collection centres either individually or jointly -at various places for collection of used batteries from consumers or dealers; Contd…

16. To ensure that used batteries collected are sent only to the registered recyclers, • To ensure that necessary arrangements are made with dealers for safe transportation from collection centres to the premises of registered recyclers • To ensure that no damage to the environment occurs during transportation; • To create public awareness through advertisements, publications, posters or by other means with regard to the following • Hazards of lead; • Responsibility of consumers to return their used batteries only to the dealers or deliver at designated collection centres; and • Addresses of dealers and designated collection centres. • To use the international recycling sign/logo on the Batteries; • To buy recycled lead only from registered recyclers; and • Any violation of the dealers; bring to the notice of the State Board or the Ministry of Environment and Forests.

17. RESPONSIBILITIES OF DEALER • To ensure that the used batteries are collected back as per the Schedule against new batteries sold; • To give appropriate discount for every used battery returned by the consumer; • To ensure thatused batteries collected back are of similar type and specifications as that of the new batteries sold; • To file half-yearly returns of the sale of new batteries and buy-back of old batteries to the manufacturer in Form V by 31st May and 30th November of every year-, • To ensure safe transportation of collected batteries to the designated collection centres or to the registered recyclers ; and • To ensure that no damage is caused to the environment during storage and transportation of used batteries.

18. RESPONSIBILITIES OF RECYCLER • To apply for registration to the Ministry of Environment and Forests or an agency designated by it if not applied already, by submitting information in Form VI; • To ensure strict compliance of the terms and conditions of registration; however, those already registered for reprocessing used batteries would be bound by the terms and conditions of such registration; • To submit annual returns as per Form VII to the State Board; • To make available all records to the State Board for inspection; • mark 'Recycled' on lead recovered by reprocessing; and • To create public awareness through advertisements, publications, posters or others with regard to the following • Hazards of lead; and • Obligation of consumers to return used batteries only to the registered dealers or deliver at the designated collection centres.

19. RESPONSIBILITIES OF CONSUMER OR BULK CONSUMER • To ensure that used batteries are not disposed of in any manner other than depositing with the dealer, manufacturer, importer, assembler, registered recycler, re-conditioner or at the designated collection centres. • To file half-yearly return in Form VIII to the State Board . • To their user units may auction used batteries to registered recyclers only.

20. RESPONSIBILITIES OF AUCTIONEER • To ensure that used batteries are auctioned to the registered recyclers only, • To file half-yearly returns of their auctions to the State Boards in Form-IX; and • To maintain a record of such auctions and make these records available to the State Board for inspection.

21. ROLE OF PRESCRIBED AUTHORITY • The prescribed authority for state: State Pollution Control Board • To ensuring compliance of the provisions of these rules • To file an annual compliance status report to the Central Pollution Control Board by 30th April of every year.

22. ROLE OF CENTRAL POLLUTION CONTROL BOARD • To compile and publish the data received every year from the State Boards. • To review the compliance of the rules periodically to improve the collection and recycling of used lead batteries • To apprise the Ministry of Environment and Forests, Government of India. • To grant registration /renewal registration of recycler.

23. Forms For Filling Returns • Form-I FOR FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF USEDBATTERIES • Form-II FOR REGISTRATION OF IMPORTER OF NEW LEAD ACID BATTERIES / PRIMARY LEAD • Form-III TO BE SUBMITTED BY IMPORTER OF NEW LEAD ACID BATTERIES • Form-IV FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF LEAD ACID BATTERIES • Form-V FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF OLD BATTERIES • Form-VI FORM FOR APPLICATION FOR REGISTRATION OF FACILITIES POSSESSING ENVIRONMENTALLY SOUND • Form-VII FORM FOR FILING RETURNS BY RECYCLERS OF USED BATTERIES • Form-VIII FORM FOR FILING RETURNS BY RECYCLERS OF USED BATTERIES • Form-IX FORM FOR FILING RETURNS BY AUCTIONEER OF USED BATTERIES

24. TIME SCHEDULE TO IMPLEMENTATION Number of used batteries to be collected back • During first year :- 50% of new batteries sold (2002) (ii) During second year :- 75% of new batteries sold (2003) (iii) After second year :- 90% of new batteries sold (2004 onwards)

25. DIFFICULTIES IN IMPLEMENTATION (A) Manufacturers • offered best price possible for scrap battery • requires documentation is to be done • cannot pay cash • cannot make the payment without bill • cannot compete with unauthorized users. • Due to the reverse logistic involved in collecting the batteries form door step of dealer to the collection centre • Normally takes 7 days • payment can be made only after 7 days to the dealer in that manner • cannot compete unauthorized user as they are ready to pay cash on the spot. Contd…

26. only authorized manufacturer of batteries having market share of only 40% against 60 market share with unauthorized manufacturers which are not effectively covered under the Rule. • Only manufacturer is penalized as it is sole responsibility of manufacture to get the forms from Dealer and file with MPCB. • Private parties are importing batteries and selling it. Without bothering to collect the scrap batteries and send to the authorized Recycler Contd…

27. (B) Dealers There is no guarantee that the customer will return scrap battery after purchase of new battery to the same dealer. Legislation cannot cover the customer effectively. IN case of battery sold to UPS / Invertors as new assembly then dealer may not be in a position to collect the battery. Dealers can earn cash money if batteries are sold to unauthorized smelters. For that no paper work is required. Contd…

28. (C) Importers • Sealed Maintenance Free L A B (SMF)/ Valve Regulated L A B (VRLA) • Sale of batteries along with consumer product : indirect contact with consumer • Cost of transportation involved, man-hours, spend for collection is in economical • SMF / VRLA has new market having durability of life four years • There is no contract agreement between consumer and importer/ dealer • Presently there is no set-up network of dealers of individual importers • Presently there is no co-ordination amongst dealers of importer, manufacturers and other dealers to collect L A B. Contd…

29. (D) Recycler • In between period of application of Renewal registration up to obtained renewal registration they cannot purchase batteries • Xerox copies of registration is used by some other parties for purchasing batteries • Confusion due lack of clarity between Batteries Rules2001 and H.W. (M & H) 2003 • Joint regular meeting between stakeholders for • Better operation, • Appropriate documentations, • Monitoring and it’s impact, and • Improvement in operation system

30. STEPS TAKEN BY MPCB • Public Notice issued in print media • Regional and Sub-Regional levels survey are initiated • Awareness campaign • Implementation of EST in recycling units through Consent management • Legal actions against defaulters

31. List of Importers of New Lead Acid Batteries Registered with MOEF (Status as on 31.12.2004 )

32. STATUS OF BATTERIES HANDLING • No. of trade marks of Batteries • MIO, Prestllite, Amron, Panasonic,Amco, Merfi, Bosch,Exide,SMF,VRLAC • No. of Manufacturer: 7 • Exide Batteries: 3 units located at Mumbai, Taloja, Pune • Santesh Batteries: 1 unit at Taloja • Monhons Batteries: 1 Unit at Taloja • BUI Pvt. Ltd: 1 Unit at Pune • Win Batteries: 1 Unit at Pune • No. of Assemblers and Re-conditioner : 27 • No. of Delars of Exide batteries: 566 • No. of Importers : 14 • No. of Lead Acid Batteries Recycler:14

33. NO. OF LEAD ACID BATTERIES SALE AND RETURN: DEALER

34. NO. OF LEAD ACID BATTERIES PURCHASED AND RETURN: BULK CONSUMER

35. LIST OF LEAD SCRAP/ LEAD ACID BATTERIES RECYCLERS

36. Thank You