Hazardous wastes rules india

8/11/2019 Hazardous wastes rules india

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The Hazardous Wastes (Management and Handling) Rules, 1989

THE HAZARDOUS WASTES

(MANAGEMENT AND HANDLING) RULES, 1989

MINISTRY OF ENVIRONMENT & FORESTS

NOTIFICATION

(New Del!, "e #8

"

$%l, 1989)1S'O'9(E)* In exercise of the powers conferred by section 6, 8 and 25 of the

Environment (Protection) Act, !86 (2! of !86), the "entra# $overnment hereby ma%es

the fo##owin& r'#es, name#y

1' SHORT TITLE AND COMMENCEMENT'

() *hese r'#es may be ca##ed the +aardo's -astes (.ana&ement and +and#in&)

/'#es, !8!0

(2) *hey sha## come into force on the date of their p'b#ication in the 1fficia#

$aette0

#' A++LICATION'

*hese r'#es sha## app#y to 2the hand#in& of3 haardo's wastes as specified in the4ched'#e3 and sha## not app#y to

(a) waste water and exha'st &ases as covered 'nder the provisions of the

-ater (Prevention and "ontro# of Po##'tion) Act, !7 (6 of !7) and the Air

(Prevention and "ontro# of Po##'tion) Act, !8 (7 of !8) and r'#es made

there'nder

(b) wastes arisin& o't of the operation from ships beyond five %i#ometers

as covered 'nder the provisions of the .erchant hippin& Act, !58 (77 of !58)

and the r'#es made there'nder

(c) radioactive wastes as covered 'nder the provisions of the AtomicEner&y Act, !62 (44 of !62) and r'#es made there'nder0

7(d) biomedica# wastes covered 'nder the 9io.edica# -astes

(.ana&ement and +and#in&) /'#es, !!8 made 'nder the Act

As p'b#ished in $aette of India, Extraordinary, Part II 4(ii) dated 2800!8!, s'bse:'ent#y amended by;otification 6(E), dated 5040!!


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(e) wastes covered 'nder the .'nicipa# o#id -astes (.ana&ement and

+and#in&) /'#es, 2a'thoried person? means a person or an or&aniation a'thoried by the

competent a'thority

() >"entra# Po##'tion "ontro# 9oard? means the "entra# 9oard section () of

section 4 of the -ater (Prevention and "ontro# of Po##'tion) Act, !7 (6 of

!7)

(8) >disposa#? means deposit, treatment, recyc#in& and recovery of any haardo's

wastes

(!) >export? with its &rammatica# variations and co&nate expressions, means

ta%in& o't of India to a p#ace o'tside India

(exporter? means any person 'nder the 'risdiction of the exportin& co'ntry

who exports haardo's wastes and the exportin& co'ntry itse#f, who exports

haardo's wastes

'bstit'ted by /'#e 4 of the +aardo's -aste(.ana&ement and +and#in&) (Amendment) /'#es, 2


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() >environmenta##y so'nd mana&ement of haardo's wastes? means ta%in& a##

steps re:'ired to ens're that the haardo's wastes are mana&ed in a manner

which wi## protect hea#th and the environment a&ainst the adverse effects which

may res'#t from s'ch wastes

(2) >faci#ity? means any #ocation wherein the processes incidenta# to the waste

&eneration, co##ection, reception, treatment, stora&e and disposa# are carriedo't

(4) >form? means a @orm appended to these r'#es

(7) >haardo's waste? means any waste which by reason of any of its physica#,

chemica#, reactive, toxic, f#ammab#e, exp#osive or corrosive characteristics

ca'ses dan&er or is #i%e#y to ca'se dan&er to hea#th or environment, whether

a#one or when in contact with other wastes or s'bstances, and sha## inc#'de

(a) wastes #isted in co#'mn (4) of ched'#e

(b) wastes havin& constit'ents #isted in ched'#e2 if their concentration ise:'a# to or more than the #imit indicated in the said ched'#e and

(c) wastes #isted in Bists CAD and C9D of ched'#e4 (PartA) app#icab#e on#y

in case(s) of import or export of haardo's wastes in accordance withr'#es 2, 4 and 7 if they possess any of the haardo's characteristics

#isted in Part9 of ched'#e 40

Exp#anation @or the p'rposes of this c#a'se,

(i) a## wastes mentioned in co#'mn (4) of ched'#e are haardo's wastes

irrespective of concentration #imits &iven in ched'#e2 except as

otherwise indicated and ched'#e2 sha## be app#icab#e on#y for wastesor waste constit'ents not covered 'nder co#'mn (4) of ched'#e

(ii) ched'#e4 sha## be app#icab#e on#y in case(s) of import or export

(5) >haardo's wastes site? means a p#ace for co##ection, reception, treatment,

stora&e and disposa# of haardo's wastes which has been d'#y approved bythe competent a'thority

(6) >i##e&a# traffic? means any trans bo'ndary movement of haardo's wastes as

specified in r'#e 5

() >import? with its &rammatica# variations and co&nate expressions, meansbrin&in& into India from a p#ace o'tside India

(8) >importer? means an occ'pier or any person who imports haardo's wastes

2


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(!) >manifest? means transportin& doc'ment(s) prepared and si&ned by the

occ'pier in accordance with r'#e

(2nonferro's meta# wastes? means wastes #isted in ched'#e 7

(2) >operator of faci#ity? means a person who owns or operates a faci#ity forco##ection, reception, treatment, stora&e or disposa# of haardo's wastes

(22) >recyc#er? means an occ'pier who proc'res and processes wastes for

recovery

(24) recyc#in& of waste oi# means rec#amation by way of treatment to separate

so#ids and water from waste oi#s 'sin& methods s'ch as heatin&, fi#terin&,

&ravity sett#in&, centrif'&in&, dehydration, viscosity and specific &ravity

ad'stment

(27) >re&istered rerefiner or recyc#er? means a rerefiner or recyc#er re&istered for

reprocessin& wastes with the .inistry of Environment and @orests or the"entra# Po##'tion "ontro# 9oard, as the case may be, for reprocessin& wastes

(25) rerefinin& of 'sed oi# means app#yin& a process to the materia# composed of

'sed oi# so as to prod'ce hi&h :'a#ity base stoc% for f'rther man'fact're of#'bricants or for other petro#e'm prod'cts by b#endin& or any other process

(26) >sched'#e? means a ched'#e appended to these r'#es

(2) >tate $overnment? means a tate $overnment and in re#ation to a Fnion

territory, the Administrator thereof appointed 'nder artic#e 24! of the

"onstit'tion

(28) >tate Po##'tion "ontro# 9oard or "ommittee? means the 9oard or "ommittee

constit'ted 'nder s'bsection () of section 7 of the -ater(Prevention and

"ontro# of Po##'tion) Act, !7 (6 of !7)

(2!) >stora&e? means storin& haardo's wastes for a temporary period, at the end of

which the haardo's wastes is treated and disposed off

(4transbo'ndary movement? means any movement of haardo's waste or other

wastes from an area 'nder the nationa# 'risdiction of one co'ntry to or

thro'&h an area 'nder the nationa# 'risdiction of another co'ntry or to orthro'&h an area not 'nder the nationa# 'risdiction of any co'ntry, provided at

#east two co'ntries are invo#ved in the movement

(4) >transport? means offsite movement of haardo's waste by air, rai#, road or

water

28


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(42) >transporter? means a person en&a&ed in the offsite transportation of

haardo's waste by air, rai#, road or water

(44) >treatment? means a method, techni:'e or process, desi&ned to chan&e the

physica#, chemica# or bio#o&ica# characteristics or composition of any

haardo's waste so as to render s'ch wastes harm#ess

(47) >'sed oi#? means any oi#

(i) derived from cr'de oi# or mixt'res containin& synthetic o i#

inc#'din& 'sed en&ine oi#, &ear oi#, hydra'#ic oi#, t'rbine oi#, compressor

oi#, ind'stria# &ear oi#, heat transfer oi#, transformer oi#, spent oi# and their

tan% bottom s#'d&es and

(ii) s'itab#e for rerefinin& if it meets the specifications #aid down in

ched'#e 5, b't does not inc#'de waste oi#

(45) >waste oi#? means any oi#

(i) which inc#'des spi##s of cr'de oi#, em'#sions, tan% bottom s#'d&e

and s#op oi# &enerated from petro#e'm refineries, insta##ations or ships

and

(ii) is 'ns'itab#e for rerefinin&, b't can be 'sed as f'e# in f'rnaces if itmeets the specifications #aid down in ched'#e 6

(46) words and expressions 'sed in these r'#es and not defined b't defined in theAct sha## have the meanin&s respective#y assi&ned to them in the Act03

1' RES+ONSI.ILITY OF THE OCCU+IER AND O+ERATOR OF A FACILITY

FOR HANDLING OF THE WASTES'/

2

()*he occ'pier and the operator of a faci#ity sha## be responsib#e for properco##ection, reception, treatment, stora&e and disposa# of haardo's wastes #isted in

ched'#e , 2 and 403

(2) *he occ'pier or any other person actin& on his beha#f who intends to &et his

haardo's waste treated by the operator of a faci#ity 'nder s'br'#e (), sha## &ive, to the

operator of a faci#ity, s'ch information as may be specified by the 4tate Po##'tion

"ontro# 9oard or "ommittee03

'bstit'ted by /'#e 7(a) of the +aardo's -aste(.ana&ement and +and#in&) (Amendment) /'#es, 2


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(4)It sha## be the responsibi#ity of the occ'pier and the operator of a faci#ity, to

ta%e a## steps to ens're that the wastes #isted in sched'#es, 2 and 4 are proper#y hand#ed,

and disposed of witho't any adverse effects to the environment03

#0A' DUTIES OF THE OCCU+IER AND O+ERATOR OF A FACILITY'

It sha## be the d'ty of the occ'pier and the operator of a faci#ity to ta%e ade:'ate

steps whi#e hand#in& haardo's waste to,=

i) "ontain contaminants and prevent accidents and #imit their conse:'ences on

h'man and the environment and

ii) Provide persons wor%in& on the site with information, trainin& and

e:'ipment necessary to ens're their safety0

.' DUTIES OF THE AUTHORITY'

'bect to the provisions of these r'#es, the a'thority sha## a#so perform d'ties as

specified in "o#'mn 4 of 4ched'#e 30

' GRANT OF AUTHORISATION FOR HANDLING HAZARDOUS WASTES'

() +aardo's wastes sha## be co##ected, treated, stored and disposed of on#y in

s'ch faci#ities as may be a'thorised for this p'rpose0

7(2) Every occ'pier hand#in&, or a recyc#er recyc#in&, haardo's wastes sha##

ma%e an app#ication in @orm to the .emberecretary, tate Po##'tion "ontro# 9oard or

"ommittee, as the case may be or any officer desi&nated by the tate Po##'tion "ontro#

9oard or "ommittee for the &rant of a'thoriation for any of the said activities

Provided that an occ'pier or a recyc#er not havin& a haardo's wastes treatmentand disposa# faci#ity of his own and is operatin& in an area 'nder the 'risdiction assi&ned

by the tate Po##'tion "ontro# 9oard or "ommittee, as the case may be, for a common

*reatment, tora&e and isposa# @aci#ity (*@) sha## become a member of this faci#ity

and send his waste to this faci#ity to ens're proper treatment and disposa# of haardo's

wastes &enerated fai#in& which the a'thoriation &ranted to the said occ'pier or recyc#er

in accordance with this s'br'#e may be cance##ed after &ivin& a reasonab#e opport'nity

to s'ch occ'pier or recyc#er, as the case may be, of bein& heard or sha## not to be &ranted

by the tate Po##'tion "ontro# 9oard or "ommittee, as the case may be03

Inserted by /'#e 7(c) of the +aardo's -aste(.ana&ement and +and#in&) (Amendment) /'#es, 2


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(4) Any person who intends to be an operator of a faci#ity for the co##ection,

reception, treatment, transport, stora&e and disposa# of haardo's wastes, sha## ma%e an

app#ication in @orm to the .ember ecretary, tate Po##'tion "ontro# 9oard or

"ommittee for the &rant of a'thoriation for a## or any of the above activities specified inthis /'#e3

(7) 24J*he .emberecretary, tate Po##'tion "ontro# 9oard or any officer

desi&nated by the 9oard3 or "ommitteeK sha## not iss'e an a'thorisation 'n#ess it is

satisfied that the operator of a faci#ity or an occ'pier, as the case may be, possesses

appropriate faci#ities, technica# capabi#ities and e:'ipment to hand#e haardo's wastes

safe#y0

7(7A) *he a'thorisation app#ication comp#ete in a## respects sha## be processed

by the tate Po##'tion "ontro# 9oards within ninety days of the receipt of s'ch

app#ication03

(5) *he a'thorisation to operate a faci#ity sha## be iss'ed in @orm 2 and sha## be

s'bect to conditions #aid down therein0

(6) 5(i) An a'thoriation &ranted 'nder this r'#e sha##, 'n#ess s'spended or

cance##ed, be in force d'rin& the period of its va#idity as specified by the tate Po##'tion

"ontro# 9oard or "ommittee from the date of iss'e or from the date of renewa#, as thecase may be03

(ii)An app#ication for the renewa# of an a'thorisation sha## be made in @orm

, before its expiry0

(iii) *he a'thorisation sha## contin'e to be in force 'nti# it is renewed or

revo%ed0

() *he 24J.emberecretary, tate Po##'tion "ontro# 9oard or any officer

desi&nated by the 9oard3 or "ommitteeK, may, after &ivin& reasonab#e opport'nity of

bein& heard to the app#icant ref'se to &rant any a'thorisation0

'bstit'ted by /'#es 5(b) of the +aardo's -aste (.ana&ement and +and#in&) (Amendment) /'#es, 2


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(8) *he .emberecretary, tate Po##'tion "ontro# 9oard or any officer

desi&nated by the 9oard sha## renew the a'thorisation &ranted 'nder s'br'#e (6), after

examinin& each case on merit, s'bect to the fo##owin&,=

(i) on s'bmission of ann'a# ret'rns by the occ'pier or operator of faci#ity in

@orm 73

2(ii)on steps ta%en, by the app#icant wherever feasib#e, for red'ction and

prevention in the waste &enerated or recyc#in& or re'se3

(iii) on f'#fi##ment of conditions prescribed in the a'thorisation re&ardin&

mana&ement in an environmenta##y so'nd manner of wastes0

4(iv) L L L M0 3

7(!) Every tate Po##'tion "ontro# 9oard or "ommittee sha## maintain a re&ister

containin& partic'#ars of the conditions imposed 'nder these r'#es for any disposa# ofhaardo's wastes, on any #and or premises and it sha## be open for inspection d'rin&

office ho'rs to any person interested or affected or a person a'thoried by him in this

beha#f0 *he entries in the re&ister sha## be considered as proof of &rant of a'thoriation

for mana&ement and hand#in& of haardo's wastes on s'ch #and or premises and the

conditions s'bect to which it was &ranted03

2' +OWER TO SUS+END OR CANCEL AN AUTHORIZATION'

() *he 5tate Po##'tion "ontro# 9oard or "ommittee 3 may cance# an

a'thoriation iss'ed 'nder these r'#es or s'spend it for s'ch period as it thin%s fit, if in its

opinion, the a'thoried person has fai#ed to comp#y with any of the conditions of the

a'thoriation or with any provisions of the Act or these r'#es, after &ivin& the a'thoriedperson an opport'nity to show ca'se and after recordin& reasons therefor0

(2) Fpon s'spension orNcance##ation of the a'thoriation and d'rin& the pendency

of an appea# 'nder r'#e 2, the 5tate Po##'tion "ontro# 9oard or "ommittee3 may &ive

directions to the persons whose a'thoriation has been s'spended or cance##ed for the

safe stora&e of the haardo's waste, and s'ch person sha## comp#y with s'ch directions0

3' +AC4AGING, LA.ELLING AND TRANS+ORT OF HAZARDOUS WASTES'

Inserted by /'#e 6(E) of the +aardo's -aste (.ana&ement and +and#in&) (Amendment) /'#es, 2


9/21


() *he occ'pier or operator of a faci#ity sha## ens're that the haardo's wastes

are pac%a&ed, based on the composition in a manner s'itab#e for hand#in&, stora&e and

transport and the #abe##in& and pac%a&in& sha## be easi#y visib#e and be ab#e to withstand

physica# conditions and c#imatic factors03(2) Pac%a&in&, #abe##in& and transport of haardo's wastes sha## be in

accordance with the provisions of the r'#es made by the "entra# $overnment 'nder the.otor Oehic#es Act, !88 and other &'ide#ines iss'ed from time to time03

2(4) A## haardo's waste containers sha## be provided with a &enera# #abe# as

&iven in @orm 80

4(7) *he occ'pier sha## prepare six copies of the manifest in @orm ! comprisin&

of co#o'r code indicated be#ow (a## six copies to be si&ned by the transporters)

C56 7%e: w!"

;5l5%: ;5


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thro'&h any transit tate, the occ'pier sha## prepare an additiona# copy each for s'ch

tate and forward the same to the concerned tate Po##'tion "ontro# 9oard or "ommittee

before he hands over the haardo's waste to the transporter0 ;o transporter sha## accept

haardo's wastes from an occ'pier for transport 'n#ess it is accompanied by copy

n'mbers 2 to 5 of the manifest0 *he transporter sha## ret'rn copy n'mber 2 (ye##ow) ofthe manifest si&ned with date to the occ'pier as to%en of receipt of the other fo'r copies

of the manifest and retain the remainin& fo'r copies to be carried and handed over torespective a&encies as specified in s'br'#e (7)0

(6) In case of transport of haardo's wastes to a faci#ity for treatment, stora&e

and disposa# existin& in a tate other than the tate where haardo's wastes are

&enerated, the occ'pier sha## obtain ;o 1bection "ertificate from the tate Po##'tion

"ontro# 9oard or "ommittee of the concerned tate or Fnion territory Administration

where the faci#ity is existin&03

() *he occ'pier sha## provide the transporter with re#evant information in @orm


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inc#'din& EIA report and detai#s of p'b#ic hearin& a#on& with its recommendations within

a period of 4< days from the #ast date of p'b#ic hearin&0

(6) *he tate $overnment sha## comp#ete the assessment within a period of thirty

days from the date of receipt of the doc'ments mentioned in s'br'#e (5) and convey thedecision of its approva# of site(s) or otherwise within 4< days thereafter to the concerned

operator of the faci#ity, occ'pier or any association of occ'piers0

() After approva# of the site or sites, the tate $overnment sha## ac:'ire the

site(s) or inform the occ'pier or any operator of faci#ity, or any association of occ'piers

to ac:'ire the site(s) for settin& 'p the faci#ity for treatment, stora&e and disposa# of

haardo's wastes0 *he tate $overnment sha## sim'#taneo's#y notify s'ch sites(s)0 *he

tate $overnment sha## a#so compi#e and p'b#ish periodica##y an inventory of s'ch

haardo's wastes disposa# sites and faci#ities

(8) ettin& 'p of an onsite faci#ity for treatment, stora&e and disposa# of

haardo's wastes for captive 'se sha## be &overned by the a'thorisation proced're #aid

down in r'#e 5038A' DESIGN AND SETTING U+ OF DIS+OSAL FACILITY'

() *he occ'pier, any association or operator of a faci#ity, as the case may be

sha## desi&n and set 'p disposa# faci#ity as per the &'ide#ines iss'ed by the "entra#

$overnment or the tate $overnment as the case may be0

(2) *he occ'pier, any association or operator, sha## before settin& 'p a disposa#

faci#ity &et the desi&n and the #ayo't of the faci#ity approved by the tate Po##'tion

"ontro# 9oard0

(4) *he tate Po##'tion "ontro# 9oard sha## monitor the settin& 'p and operationof a faci#ity re&'#ar#y0

8.' O+ERATION AND CLOSURE OF LANDFILL SITE'

() *he occ'pier or the operator as the case may be, sha## be responsib#e for safe

and environmenta##y so'nd operation of the faci#ity as per desi&n approved 'nder /'#e

8A by the tate Po##'tion "ontro# 9oard

(2) *he occ'pier or the operator sha## ens're that the c#os're of the #andfi## is as

per the desi&n approved 'nder /'#e 8A by the tate Po##'tion "ontro# 9oard 03

9' RECORDS AND RETURNS'

Inserted >/'#e 8A G 89? by /'#e ! of the +aardo's -aste (.ana&ement G +and#in&) (Amendment) /'#es,2


12/21


() *he occ'pier &eneratin& haardo's waste and operator of a faci#ity for

co##ection, reception, treatment, transport, stora&e and disposa# of haardo's waste sha##

maintain records of s'ch operations in @orm 40

(2) *he occ'pier and operator of a faci#ity sha## send ann'a# ret'rns to the tate

Po##'tion "ontro# 9oard or "ommittee3 in @orm 70

2(4) *he tate Po##'tion "ontro# 9oard or "ommittee sha## prepare an inventory

of haardo's wastes, as ear#y as possib#e as per @orm 7, within its 'risdiction and

compi#e other re#ated information #i%e treatment and disposa# of haardo's wastes based

on the ret'rns fi#ed by respective occ'pier and operator of faci#ity as per s'br'#e(2)03

1>' ACCIDENT RE+ORTING AND FOLLOW*U+'

-here an accident occ'rs at the faci#ity or on a haardo's waste site or d'rin&

transportation of haardo's waste, the occ'pier or operator of a faci#ity sha## report

immediate#y to the tate Po##'tion "ontro# 9oard or "ommittee3 abo't the accident in

@orm 50

-11' IM+ORT AND E?+ORT OF HAZARDOUS WASTES FOR DUM+ING AND

DIS+OSAL'

Import of haardo's wastes from any co'ntry to India and export of haardo's

wastes from India to any co'ntry for d'mpin& 5:

1#' IM+ORT AND E?+ORT OF HAZARDOUS WASTES FOR RECYCLING

AND REUSE'

() ave as otherwise provided, no person sha## import or export haardo's

wastes or s'bstances containin& or contaminated with s'ch haardo's wastes as specified

in ched'#e 80

(2) *he .inistry of Environment and @orests sha## be the noda# .inistry to dea#

with the transbo'ndary movement of haardo's wastes and to &rant permission of transit

of haardo's wastes thro'&h any part of India0

'bstit'ted by /'#e 4(8) of the +aardo's -aste (.ana&ement and +and#in&) (Amendment) /'#es, !!6notified vide ;otification 010625(E), dated 40!0!!60

2 Inserted by /'#e 8 of the +aardo's -aste (.ana&ement and +and#in&) (Amendment) /'#es, 2


13/21


(4) Import and export of haardo's wastes sha## be permitted as raw materia# for

recyc#in& or re'se0

(7) *he a'thorities mentioned in co#'mn 2 of ched'#e sha## be responsib#e forre&'#ation of export and import of haardo's wastes0

(5) Any occ'pier importin& or exportin& haardo's wastes sha## provide detai#ed

information in @orm A to the "'stoms a'thorities0

(6) Any occ'pier importin& or exportin& haardo's wastes sha## comp#y with the

artic#es of the 9ase# "onvention to which the "entra# $overnment is a si&natory0

() In case of any disp'te as to the &rant of permission to import or export of

haardo's wastes, the matter sha## be referred to the "entra# $overnment for a decision03

L1-' IM+ORT OF HAZARDOUS WASTE'

() Every occ'pier see%in& to import haardo's wastes sha## app#y to the tatePo##'tion "ontro# 9oard or "ommittee at #east 2< days in advance of the intended date

of commencement of the shipment in @orm 603

(2) *he tate Po##'tion "ontro# 9oard sha## examine the app#ication received

from the occ'pier within thirty days and forward the app#ication with recommendation

and re:'isite stip'#ations for safe transport, stora&e and processin&, to the .inistry of

Environment and @orests

(4) *he .inistry of Environment and @orests, $overnment of India wi## examine

the app#ication received from the tate Po##'tion "ontro# 9oard and after satisfyin& itse#f

wi## &rant permission for imports s'bect to the fo##owin&=

(a) environmenta##y friend#yNappropriate techno#o&y 'sed for reprocessin&

(b) the capabi#ity of the importer to hand#e and reprocess haardo's wastesin an environmenta##y so'nd manner

(c) presence of ade:'ate faci#ity for treatment and disposa# of wastes&enerated and

(d) approva#s, no obection certificates and a'thorisations from a##concerned a'thorities0

2(e) L L L M 3

'bstit'ted by /'#e < (a) for Cs'br'#e ()D of the +aardo's -aste (.ana&ement and +and#in&) (Amendment)/'#es, 2


14/21


(7) *he .inistry of Environment G @orests, $overnment of India, sha## forward

a copy of the permission &ranted, to the "entra# Po##'tion "ontro# 9oard, the tate

Po##'tion "ontro# 9oard and the concerned Port and "'stoms a'thorities for ens'rin&

comp#iance of the conditions of imports and to ta%e appropriate steps for safe hand#in& ofthe waste at the time of off#oadin&

(5) An app#ication for #icence to the irectorate $enera# of @orei&n *rade for

import sha## be accompanied with the permission &ranted by the .inistry of Environment

G @orests, $overnment of India 'nder s'br'#e (4) to the importer and an a'thenticated

copy of @orm of the Exporter 'nder s'br'#e (4) of r'#e 7

(6) *he Port and "'stom a'thorities sha## ens're that the shippin& doc'ment is

accompanied with an a'thenticated copy of @orm and the test report from an accredited

#aboratory of ana#ysis of the haardo's waste shipped

() *he occ'pier havin& va#id permission to import sha## inform the tate and

"entra# Po##'tion "ontro# 9oard and the Port a'thorities of the arriva# of the consi&nment

of haardo's wastes ten days in advance

(8) *he occ'pier importin& haardo's waste sha## maintain the records of

haardo's waste imports as specified in @orm 6A and the record so maintained sha## be

avai#ab#e for inspection

(!) An occ'pier importin& haardo's wastes #isted 'nder an 1pen $enera#

Bicence of the irectorate $enera# of @orei&n *rade sha## re&ister himse#f with the

.inistry of Environment and @orests or any other a'thority or a&ency s'ch as the "entra#

Po##'tion "ontro# 9oard desi&nated by it in accordance with the proced're #aid down

'nder r'#e !03

1' E?+ORT OF HAZARDOUS WASTE'

() *he exportin& co'ntry or the exporter as the case may be, of haardo's waste

sha## app#y ninety days in advance in @orm to the .inistry of Environment and @orests,

$overnment of India, see%in& permission for the proposed export and transbo'ndary

movement

(2) *he .inistry of Environment and @orests, $overnment of India, on receipt of

s'ch @orm from an exporter or an exportin& co'ntry sha## examine the case on merit

and &rant or ref'se permission for export to India

Inserted by Cs'br'#e (!)D by /'#e


15/21


(4) *he .inistry of Environment and @orests, sha## comm'nicate the &rant of

permission by a'thentication on @orm to the exporter and the exportin& co'ntry and

endorse a copy of the same to the "entra# Po##'tion "ontro# 9oard and the tate Po##'tion

"ontro# 9oard0

(7) *he exporter sha## ens're that no consi&nment is shipped prior to the re:'isite

a'thentication bein& received0 *he exporter sha## a#so ens're that the shippin& doc'mentis accompanied with @orm A, an a'thenticated copy of @orm and an a'thenticated

copy of the test report from an accredited #aboratory of ana#ysis of the haardo's waste0

(5) *he occ'pier, exportin& haardo's waste to any other co'ntry sha## see%

permission from the competent a'thority of that co'ntry prior to any shipment0

(6) Every occ'pier exportin& haardo's waste sha## inform the "entra#

$overnment of the permission so'&ht for exportin&, permission &ranted for export and

detai#s of the export in @orm 0

1' ILLEGAL TRAFFIC'

() *he movement of haardo's wastes from or to the co'ntry sha## be

considered i##e&a#

(i) if it is witho't prior permission of the "entra# $overnment or

(ii) if the permission has been obtained thro'&h fa#sification, mis

representation or fra'd or

(iii) it does not conform to the shippin& detai#s provided in the doc'ment

(2) In case of i##e&a# movement, the haardo's wastes in :'estion

(i) sha## be shipped bac% within thirty days either to the exporter or to theexportin& co'ntry or

(ii) sha## be disposed of within thirty days from the date of off#oadin& s'bect

to inabi#ity to comp#y with s'br'#e 2(i) above in accordance with the

proced're #aid down by the tate Po##'tion "ontro# 9oard or "ommittee

in cons'#tation with "entra# Po##'tion "ontro# 9oard03

(4) In case of i##e&a# transbo'ndary movement of haardo's wastes, the occ'pier

exportin& haardo's waste from the co'ntry or the exporter exportin& haardo's waste to

the co'ntry and importer importin& haardo's waste into the co'ntry sha## ens're that thewastes in :'estion is safe#y stored and shipped or disposed off in an environmenta##y

so'nd manner within thirty days from the date of off#oadin&

Added by /'#e of the +aardo's -aste (.ana&ement and +and#in&) (Amendment) /'#es, 2


16/21


(7) *he exporter sha## bear the costs inc'rred for the disposa# of s'ch wastes0

12' LIA.ILITY OF THE OCCU+IER, TRANS+ORTER AND O+ERATOR OF A

FACILITY'

() *he occ'pier, transporter and operator of a faci#ity sha## be #iab#e for dama&esca'sed to the environment res'#tin& d'e to improper hand#in& and disposa# of haardo's

waste #isted in sched'#e , 2 and 4

(2) *he occ'pier and operator of a faci#ity sha## a#so be #iab#e to reinstate or

restore dama&ed or destroyed e#ements of the environment at his cost, fai#in& which the

occ'pier or the operator of a faci#ity, as the case may be, sha## be #iab#e to pay the entire

cost of remediation or restoration and pay in advance an amo'nt e:'a# to the cost

estimated by the tate Po##'tion "ontro# 9oard or "ommittee0 *hereafter, the 9oard or

"ommittee sha## p#an and ca'se to be exec'ted the pro&ramme for remediation orrestoration0 *he advance paid to tate Po##'tion "ontro# 9oard or "ommittee towards the

cost of remediation or restoration sha## be ad'sted once the act'a# cost of remediation or

restoration is fina##y determined and the remainin& amo'nt, if any, sha## be recoveredfrom the occ'pier or the operator of the faci#ity03

(4) *he occ'pier and operator of a faci#ity sha## be #iab#e to pay a fine as #evied

by the tate Po##'tion "ontro# 9oard with the approva# of the "entra# Po##'tion "ontro#

9oard for any vio#ation of the provisions 'nder these r'#es0

13' TRANSITIONAL +ROVISIONS' -here

(a) 1n the date of comin& into operation of these r'#es, an occ'pier hand#in&

haardo's wastes who is re:'ired to comp#y with the provisions of these

r'#es, it wi## be s'fficient comp#iance if the occ'pier and the a'thorities do

so within three months after the date of comin& into force of these r'#es

(b) tate Po##'tion "ontro# 9oards and Po##'tion "ontro# "ommittees are

re:'ired to oversee the comp#iance0

#18' A++EAL'

() An appea# sha## #ie, a&ainst any order of &rant or ref'sa# of an a'thorisation by

the .emberecretary, tate Po##'tion "ontro# 9oard or any officer desi&nated by the

'bstit'ted Cs'br'#e (2)D by /'#e 2 of the +aardo's -aste (.ana&ement and +and#in&) (Amendment)/'#es, 2


17/21


9oard to the ecretary, epartment of Environment of the tate $overnment by whatever

name ca##ed0

(2) Every appea# sha## be in writin& and sha## be accompanied by a copy of the

order appea#ed a&ainst and sha## be presented within thirty days of the receipt of the orderpassed03

(4) Every appea# fi#ed 'nder this r'#e sha## be disposed of within a period of

sixty days from the date of s'ch fi#in&03

#19' +ROCEDURE FOR REGISTRATION AND RENEWAL OF REGISTRATION OFRECYCLERS AND RE*REFINERS'

() Every person desiro's of recyc#in& or rerefinin& nonferro's meta# wastes as

specified in ched'#e 7 or 'sed oi# or waste oi# sha## re&ister himse#f with the "entra#

Po##'tion contro# 9oard

Provided that no owner or occ'pier of an ind'stria# 'nit havin& captive recyc#in&

of nonferro's meta#s or recyc#in& of waste oi# or rerefinin& of 'sed oi# faci#ity sha## bere:'ired to re&ister 'nder these r'#es0

Provided f'rther that no person who has re&istered with the .inistry of

Environment G @orests before the commencement of the +aardo's -astes

(.ana&ement and +and#in&) Amendment r'#es, 2


18/21


(e) report from the tate Po##'tion "ontro# 9oard or "ommittee re&ardin&

proof of comp#iance of eff#'ent and emission standards and treatment and

disposa# of haardo's wastes as stip'#ated by that 9oard or "ommittee0

(4) If the "entra# Po##'tion "ontro# 9oard is satisfied that the recyc#ers or rerefiners possess re:'isite faci#ities, technica# capabi#ities, and e:'ipment to recyc#e or re

refine the wastes and dispose of the haardo's wastes &enerated, it sha## &rant acertificate of re&istration to s'ch recyc#er or rerefiner, as the case may be0

(7) *he "entra# Po##'tion "ontro# 9oard sha## dispose of the app#ication for

re&istration within 2< days of receipt of s'ch app#ication with comp#ete detai#s0

(5) *he certificate of re&istration &ranted 'nder s'br'#e (4) sha## be va#id for a

period of two years from the date of its iss'e 'n#ess s'spended or cance##ed ear#ier0

(6) Every app#ication for renewa# of re&istration of a certificate of re&istration

&ranted 'nder s'br'#e (4) sha## be made in @orm a#on&with the doc'ments mentioned

in s'br'#e (2) at#east two months before the expiry of the period of va#idity of s'ch

certificate0 *he "entra# Po##'tion "ontro# 9oard sha## renew the re&istration of therecyc#er or rerefinder &ranted 'nder s'br'#e (4) after examinin& each case on merit0

() *he "entra# Po##'tion "ontro# 9oard may, after &ivin& reasonab#e opport'nity

to the app#icant of bein& heard, by order, ref'se to &rant certificate of re&istration ofrenewa#0

(8) *he "entra# Po##'tion "ontro# 9oard may cance# or s'spend a re&istration or

renewa# &ranted 'nder these r'#es, if in its opinion the re&istered recyc#er has fai#ed to

comp#y with any of the conditions of re&istration, or with any provisions of the Act or

r'#es made there'nder after &ivin& him an opport'nity of bein& heard and after recordin&

the reasons therefor

(!) An appea# a&ainst any order of s'spension or cance##ation or ref'sa# of

re&istration or renewa# passed by "entra# Po##'tion "ontro# 9oard sha## #ie with the

ecretary, .inistry of Environment and @orests (hereafter referred to as the appe##ate

a'thority)

(


19/21


() 1n receipt of a memorand'm of appea# 'nder s'br'#e (!) the appe##ate

a'thority sha## within ninety days from the date of receipt of s'ch memorand'm of appea#

and after &ivin& the appe##ant an opport'nity of bein& head pass s'ch order as he may

deem fit0

(2) In case of 'nits re&istered with the .inistry of Environment and @orests or

the "entra# Po##'tion "ontro# 9oard for items p#aced 'nder >free cate&ory? in;otification nos0 22(/E!!) !!2


20/21


(5) *he waste &enerators and a'ctioneers sha## fi#e ann'a# ret'rns of a'ction and

sa#e in @orm4 #atest by 4st day of Qan'ary of every year to the respective tate

Po##'tion "ontro# 9oard or "ommittee0

1#1' TECHNOLOGY AND STANDARDS FOR RE*REFINING OR RECYCLING'

() /erefiners and recyc#ers sha## 'se on#y environmenta##y so'nd techno#o&ies

whi#e recyc#in& and rerefinin& nonferro's meta# wastes or 'sed oi# or waste oi#0 2In

case of 'sed oi#, rerefiners 'sin& acid c#ay process or modified acid c#ay process sha##

switch over on or before 4st ecember, 2


21/21


(7) *he tate Po##'tion "ontro# 9oard or "ommittee sha## inspect the rerefinin&

and recyc#in& 'nits within three months of the expiry of the six months period referred to

in s'br'#e() and s'bmit a comp#iance report to the "entra# Po##'tion "ontro# 9oard

which sha## compi#e s'ch information and f'rnish the same to the .inistry of

Environment and @orests on a re&'#ar basis0

(5) *he .inistry of Environment and @orests sha## notify from timetotimespecifications and standards to be fo##owed by recyc#ers and rerefiners03

x

;ote *he Principa# ;otification was p'b#ished in the $aette of India, Extraordinary

vide 0105!7(E), dated 2800!8! and s'bse:'ent#y amended vide 01027(E),

dated 6002

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