As per The Environmental Protection Act, Enacted in 1986:
No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.
Section 9(3) also contains an embodiment of the ‘Polluter-Pays’ principle, since it explains
that the expenses and any interest accrued may be recovered by the Authority together with interests arising from the date of violation.
This concept of ‘continuing’ punishment is an important one, since it establishes harsh penalties for the state of continuation.
The punishment laid down for the is imprisonment for a term which may extend to five years and a fine of up to `100,000 and the possibility of an additional fine of `5,000 for every day where the offence is continued.
The Rules establish the responsibility for the safe and environmentally sound handling of environmental waste by any ‘occupier’ of hazardous waste. An occupier is a person who has under his charge, any plant or factory producing hazardous waste or who holds hazardous waste.
Hazardous waste held by an ‘occupier’ must be sent or sold to a recycler or re-processor who is authorised to dispose of it in the proper manner. Furthermore, in any handling of hazardous waste, the said holder or person in charge of it must take all the steps necessary to contain contaminating substances and prevent harmful effects on human health and the environment.
You may first issue a legal notice based on the above referred law, if he is still not agreeing to remove them, you may give a complaint to the municipality or local civic body for taking proper legal action on this situation.