E-waste has been defined as "waste electrical and electronic equipments, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded".

The E-Waste (Management & Handling) Rules, 2011 has been notified with primary objective to channelize the e-waste generated for environmentally sound recycling.

These rules come into effect from 1st May, 2012.

 

·                    Application

 

These rules shall apply to every producer, consumer or bulk consumer involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components as specified in Schedule-I , collection centre, dismantler and recycler of e-waste and shall not apply to-

(a)     batteries as covered under the Batteries (Management and Handling) Rule, 2001 made under the Act;

(b)    Micro and small enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(c)     radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there under.

·                    Responsibilities of the producer

The producer of electrical and electronic equipment listed in Schedule I shall be responsible for,-

(1)     collection of e-waste generated during the manufacture of electrical and electronic equipment and channelizing it for recycling or disposal;

(2)     collection of e-waste generated from the 'end of life' of their products in line with the principle of 'Extended Producer Responsibility' and to ensure that such e-wastes are channelized to registered dismantler or recycler. Producer shall, as necessary, ensure collection and channelization by authorizing collection agencies;

(3)     setting up collection centers or take back systems either individually or collectively;

(4)  financing and organizing a system to meet the costs involved in the environmentally- sound management of e-waste generated from the 'end of life' of its own products and historical waste available on the date from which these rules come into force. The financing arrangement of such a system shall be transparent. The producer may choose to establish such a system either individually or by joining a collective scheme;

(5)     providing contact details such as address, telephone numbers/helpline number of authorized collection centers to consumer(s) or bulk consumer(s) so as to facilitate return of used electrical and electronic equipment;

(6)     creating awareness through publications, advertisements, posters, or by any other 'means of communication and information booklets accompanying the equipment, with regard to-

(i)      information on hazardous constituents as specified in sub-rule 1 of rule 13 in electrical and electronic equipment;

(ii)     information on hazards of improper handling, accidental breakage, damage and/or improper recycling of e-waste;

(iii)    instructions for handling the equipment after its use, along with the Do's and Don'ts;

(iv)    affixing a visible, legible and indelible symbol on the products or information booklets to prevent e-waste from being dropped in garbage bins containing waste destined for disposal;

(7)     obtaining an authorization from the concerned State Pollution Control Board or Pollution Control Committee in accordance with the procedure under rule 9;

(8)     maintaining records in Form 2  of the e-waste handled and make such records available for scrutiny by the State Pollution Control Board or the Committee concerned.

(9)     filing annual returns in Form 3 , to the State Pollution Control Board or Pollution Control Committee concerned, on or before the 30th day of June following the financial year to which that return relates.

·                    Responsibilities of collection centers

Collection centre shall

(1)     Obtain an authorization in accordance with the procedure under rule 9 from the State Pollution Control Board or Pollution Control Committee concerned as the case may be and provide details such as address, telephone numbers/helpline number, e-mail, etc. of such collection centre to the general public;

(2)     ensure that the e-waste collected by them is stored in a secured manner till it is sent to registered dismantler(s) or recycler(s) as the case may be;

(3)     ensure that no damage is caused to the environment during storage and transportation of e-waste;

(4)     file annual returns in Form 3, to the State Pollution Control Board or Pollution Control Committee concerned on or before the 30th day of June following the financial year to which that return relates; and

(5)     maintain records of the e-waste handled in Form 2 and make such records available for scrutiny by the State Pollution Control Board or the Pollution Control Committee concerned.

·                    Responsibilities of consumer or bulk consumer

(1)     Consumers or Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them is channelised to authorized collection center(s) or registered dismantler(s) or recycler(s) or is returned to the pick-up or take back services provided by the producers; and

(2)     bulk consumers shall maintain records of e-waste generated by them in Form 2 and make such records available for scrutiny by the State Pollution Control or the Pollution Control Committee concerned.

·                    Responsibilities of dismantler

Every dismantler shall-

(1)     obtain authorization and registration from the State Pollution Control, Board in accordance with the procedure under the rules 9 and 11;

(2)     ensure that no damage is caused to the environment during storage and transportation of e-waste;

(3)     ensure that the dismantling processes do not have any adverse effect on the health and the environment;

(4)     ensure that the facility and dismantling processes are in accordance with the standards or guidelines published by the Central Pollution Control Board from time to time;

(5)     ensure that dismantled e-waste are segregated and sent to the registered recycling facilities for recovery of materials;

(6)     ensure that non-recyclable/non- recoverable components are sent to authorized treatment storage and disposal facilities;

(7)     file a return in Form 3, to the Punjab Pollution Control Board, on or before 30th June following the financial year to which that return relates;

(8)     not process any e-waste for recovery or refining of materials, unless he is registered with State Pollution Control Board as a recycler for refining and recovery of materials.

·                    Responsibilities of recycler

Every recycler shall-

(1)     obtain authorization and registration from State Pollution Control Board in accordance with the procedure under the rules 9 and 11;

(2)     ensure that the facility and recycling processes are in accordance with the standards laid down in the guidelines published by the Central Pollution Control Board from time to time;

(3)     make available all records to the Central or State Pollution Control Board or Pollution Control Committee of Union territories for inspection;

(4)     ensure that residue generated thereof is disposed of in a hazardous waste treatment storage disposal facility;

(5)     file annual returns in Form 3, to the State Pollution Control Board on or before 30th June following the financial year to which that returns relate.

·                    Authorization

(a)      Every producer of electrical and electronic equipment listed in Schedule I, collection centre, dismantler and recycler of e-waste shall make an application in Form 1  to the Punjab Pollution Control Board for grant of authorization:

(b)    Every dismantler or recycler of e-waste shall make an application in Form-4  in triplicate to the Punjab Pollution Control Board, accompanied with a copy of the following documents for the grant or renewal of registration:-

 

  • (i)      consent to establish granted by the State Pollution Control Board under Water (Prevention and Control of Pollution) Act, 1974, (25 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981);

 

(ii)     certificate of registration issued by the District Industries Centre or any other government agency authorized in this regard;

(iii)    proof of installed capacity of plant and machinery issued by the District Industries Centre or any other government agency authorized in this behalf;

(iv)    in case of renewal, a certificate of compliance of effluent and emission standards, treatment and disposal of hazardous wastes as applicable from the Punjab Pollution Control Board.

·                    Storage

Every producer, collection centre, dismantler or recyclers may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of collection, sale, transfer, storage and segregation of wastes and make these records available for inspection:

          Provided that the State Pollution Control Board may extend the said period up to one year in the following cases, namely:

(i)    Collection centers in the States, which do not have any registered dismantling or recycling facility; or Dismantlers in the States, which do not have any registered recycling facility;

(ii)     the waste which needs to be specifically stored for development of a process for its recycling or reuse.

·                    Reduction in the use of hazardous materials in the manufacture of electrical and electronic equipment

(1)     Every producer of electrical and electronic equipment listed in schedule I shall ensure that, new electrical and electronic equipment does not contain Lead, Mercury, Cadmium, Hexavalent Chromium, polybrominated biphenyls or polybrominated diphenyl ethers:

          Provided that a maximum concentration value of 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01% by weight in homogenous materials for cadmium shall be permitted.

(2)     The applications listed in Schedule-II  shall be exempted from provisions of sub-rule (1) of rule 13.

(3)     The sub-rule(1) of rule 13 shall not apply to components of electrical and electronic equipment manufactured or placed in the market six years before the date of commencement of these rules.

(4)     In the event of such reduction in the hazardous materials used in the electrical and electronic equipment, the detailed information on the constituents of the equipment shall be provided in the product information booklet.

(5)     Imports or placement in the market for new electrical and electronic equipment shall be permitted only for those which are compliant to provisions of sub-rule (1) of rule 13.

(6)     Manufacture and supply of electrical and electronic equipment used for defense and other similar strategic applications shall be excluded from provisions of sub-rule (1) of rule 13.

(7)     Such reduction in use of hazardous substances in manufactured or imported electrical and electronic equipment shall be achieved within a period of two years from the date of commencement of these rules.

·                    Transportation of e-waste

(1)     In case of transportation of e-waste for final disposal to a facility in a State other than the State where the waste is generated/collected, the transporter shall obtain 'No Objection Certificate' from the State Pollution Control Board concerned and shall intimate the State Pollution Control Board of the State(s) of transit.

(2)     In case of transportation of e-waste for dismantling or for recycling in a State other than the State where the waste is generated or collected, the transporter shall give prior intimation to the State Pollution Control Boards concerned and the State Pollution Control Boards of the State(s) of transit.

·                    Accident reporting and follow-up

(a)     Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, transporter, dismantler, or recycler, as the case may be, shall report immediately to the State Pollution Control Boards or Committees of Union territories about the accident.

 

(b)    The collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste shall be in accordance with the procedures prescribed in the guidelines published by the Central Pollution Control Boards from time to time. 

 

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