Hazardous Waste Authorization

Introduction

As per the rule Hazardous And Other Wastes (Management and Transboundary Movement) Rules, 2015  “Hazardous waste” means any Waste that, due to characteristics such as physical, chemical, biological, reactive, radioactive, flammable, explosive or corrosive, cause hazard or is likely to cause a threat to health or the environment, whether alone or in contact with other waste or substances, and includes-( I wastes defined in column (3) of Schedule I; (ii) wastes equal to or greater than the concentration limits; specified for components of Class A and Class B of Schedule II or any of the features defined in Class C of Schedule II; and (iii) wastes listed in Part A of Schedule III for the importation or exportation of certain wastes or wastes not defined in Part A but exhibit hazardous features specified in Part C of Schedule III;

“waste” Means materials, not products or by-products for which the generator has no further use for production, storage or consumption purposes.

 Explanation.- for the purposes of this clause,

1.  waste includes materials that may be generated during, the extraction of raw materials, the processing of raw materials into intermediate and final products, the consumption of final products and other human activities, excludes recycled or reused residues at the place of manufacturing; and  
2.  by-product means material that is not intended to be generated but is produced of intended product and is used as such;

Applicability

These rules shall apply to the management of hazardous and other wastes as specified in the Schedules to these rules but shall not apply to –

(a) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder and as amended from time to time;

(b) wastes arising out of the operation from ships beyond five kilometers of the relevant baseline is covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder and as amended from time to time;

(c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder and as amended from time to time;

(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act and as amended from time to time; and

(e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act and as amended from time to time.

Applicable on:

1. Occupier

'Occupier' in relation to any factory or premises implies a person who has control over the factory or premises affairs and includes the person in possession of the hazardous or other waste in relation to any hazardous waste or other waste;

1. Importer of Hazardous Waste
2. Exporter of Hazardous waste

For the management of hazardous and other wastes, an occupant shall take the following steps:-

( a) prevention;

(b) minimization;

(c) reuse;

(d) recycling;

(e) recovery, utilization of co-processing;

(f) safe disposal.

Grant of Authorization

Any 'Occupier' of the facility involved in the handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, using, selling, transfer or disposal of hazardous and other waste shall be required to apply to the State Pollution Control Board and obtain an application in Form 1 within a period of sixty days from the date of publication of these rules. The applicant has to accompany the application with CTE (Consent to Establish) and CTO (Consent to Operate) of the organization while applying under this regulation

Storage of hazardous and other wastes.- (a) the occupier of the facility can store hazardous and other wastes for a period not exceeding ninety days and keep records of selling, transfer, storage, recycling, recovery, pre-processing, co-processing and use of such wastes and make them available for inspection.

Provided State pollution control board may extend the said period of 90days for particular cases mentioned in Hazardous And Other Wastes (Management and Transboundary Movement) Rules, 2015

Export and Import of Hazardous and other waste

Any import for disposal of the hazardous and other waste from any country into India shall not be permitted unless it has as per the rules Hazardous And Other Wastes (Management and Transboundary Movement) Rules, 2015 and approved by Ministry of Environment, Forest and Climate Change

 The importation from any country of hazardous and other waste shall only be allowed for recycling, recovery, reuse, and use, including co-processing; Import of hazardous waste in Part A of Schedule III can be permitted to actual users with the exporting country's prior informed consent and require the permission of the Ministry of Environment, Forest and Climate Change.

The import of other wastes in Part B of Schedule III may be allowed to actual users with the permission of the Ministry of Environment, Forest and Climate Change, The import of other wastes in Part D of Schedule III will be allowed as per procedure given in rule 13 and as per the note below the said Schedule, No import of the hazardous and other wastes specified in Schedule VI shall be permitted.

Export from India of hazardous and other waste specified in Part A and Part B of Schedule III and Schedule VI shall be allowed by the Ministry of Environment, Forestry, and Climate Change. In the case of requests for export of hazardous and other waste specified in Part A of Schedule III and Schedule VI, they shall be considered on the basis of the importing country's prior informed consent.

Procedure for import of hazardous and other wastes

The actual users who wish to import or transit hazardous and other wastes defined in Part A and Part B of Schedule III for transboundary movement shall apply to the Ministry of the Environment in Form 5 together with the documents mentioned therein Forest and climate change for the proposed import, along with the exporting country's prior informed consent for Part A of Schedule III waste, and at the same time give a copy of the request to the State Pollution Control Board concerned for clarification and approval from the State Pollution Control Board shall be submitted to the Ministry of Environment, Forest and Climate Change along with the application.

The importer shall not need the permission of the Ministry of Environment, Forest and Climate Change for the importation of other wastes specified in Part D of Schedule III. However, the importer shall provide the necessary information to the Customs authorities in accordance with Form 6, accompanied, where appropriate, by the following documents in addition to those specified in Schedule VIII. For used electrical and electronic assemblies listed at serial numbers 4 (e) to 4(i) of Schedule VIII (Basel No. B1110), there is no specific requirement of documentation under these rules:

1. the import license from Directorate General of Foreign Trade, if applicable;
2. the valid consents under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981)and the authorisation under these rules as well as the authorisation under the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, whichever applicable;

Importer who is a trader, importing waste on behalf of actual users, shall obtain one time authorisation in Form 7 and copy of this authorisation shall be appended to Form 6.

Procedure and Documentation

Procedure for registration:

1. Fill the requisite form that form I, II or III as per the kind of business
2. Attach all the required attachment with forms
3. Documents should be signed by an authorized person
4. Submit the form to the concern SPCB or pollution board
5. Do the liasoning with concern department
6. IF the form is proper and fine the department will grant the certificate

Documents required for authorization;

1. Aadhar card of authorized person
2. PAN copy of authorized person
3. GST certificate of organisation
4. Rent/lease/ proof of ownership
5. Factory license/trade license
6. Electricity bill
7. Layout/plan
8. CIN(certificate of incorporation) in case of company/LLP
9. MOA
10. AOA
11. Board resolution for appointing an authorized person

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