Hazardous & Other Wastes(Management & Transboundary Movement) Rules, 2016

List of MAH units who have Insurance Policies and on-site Emergency Plans  

Permission for collection and transportationod textile Industry ETP Sludge for research purpose to MS Shweta Goyal, Associated Professor Civil Engineering Deptt.,  Thapar University, Patiala


(A)   Authorization:

Every occupier of a facility who is engaged in handling, generation, collection, storage, packing, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous and other wastes shall be required to make an application in Form-1 to the State Pollution Control Board. The application for authorization shall be accompanied with a copy of each of the following documents namely:-

a)      Consent to establish granted by State Pollution Control Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.

b)      Consent to operate granted by State Pollution Control Board under Water (Prevention & Control of Pollution) Act, 1974 and / or Air (Prevention & Control of Pollution) Act, 1981.

c)      In case of renewal of authorization, a self certified compliance report in respect of effluent, emission standards and the conditions specified in the authorization for hazardous and other wastes.

(B)   Schedules

·           The list of processes generating hazardous waste are given inSchedule-I, Rule-3(1)(17)(i).

·           The list of waste constituents with concentration limit are given in Schedule-II, Rule-3(1)(17)(ii).

·           The list of Hazardous waste applicable for import and export with prior informed consent are given in Schedule-III, Rule-3(1)(17)(iii), 3(23), 12, 13 and 14.

·           The list of commonly recyclable hazardous waste is given in Schedule-IV, Rule-6(1)(ii) and 6(2).

·           The specification of used oil suitable for recycling and specification of fuel derived from waste oil are given in Schedule-V, Rule-3(36) and 3(39).

·           The list of hazardous and other wastes prohibited for import is given in Schedule-VI, Rule-12(6), 12(7) and 14(1).

·           The list of authorities and corresponding duties are given in Schedule-VII, Rule-13(6) and 21.

·           The list of documents for verification by customs and import of other wastes are specified in Schedule-VIII, Rule-13(2), 13(4).

(C)   Various Forms

·           Form-1, Rule-6(1)-Application for authorization / renewal of authorization.

·           Form-2, Rule-6(2)-Format for grant of authorization / renewal of authorization.

·           Form-3, Rule-6(5), 13(7), 14(6), 16(5) and 20(1)-Form for record maintenance.

·           Form-4, Rule-6(5), 13(8), 16(6) and 20(2)-Form for annual return.

·           Form-5, Rule-13(1) and 14(1)-Application form for import or export of Hazardous waste for reuse or recycling or recovery or co-processing or utilization.

·           Form-6, Rule-13(2), 13(10) and 14(5)-Transboundary movement document.

·           Form-7, Rule-13(2)(C)-Application form for one time authorization of traders for Part-D of Schedule-III waste.

·           Form-8, Rule-17(1) and 18(2)-Form for Labelling of containers of Hazardous and other waste.

·           Form-9, Rule-18(2)-Transport Emergency (TREM) Card.

·           Form-10, Rule-19(1)-Manifest for Hazardous and Other waste.

·           Form-11, Rule-22-Format for reporting accident.

·           Form-12, Rule-24(1)-Application for appeal against order of the Board. 

 

(D)   Responsibilities of the occupier for the management of hazardous and other wastes       

1.       For the management of hazardous and other wastes, an occupier shall follow the following steps:

(a) Prevention, (b) Minimization, (c) Reuse, (d) Recycling, (e) Recovery, utilization including co-processing, (f) Safe disposal.

2.       The occupier shall be responsible for safe and environmentally sound handling of hazardous and other wastes generated in his establishment. 

3.       The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorized actual user or shall be disposed of in an authorized disposal facility. 

4.       The hazardous and other wastes shall be transported from an occupier's establishment to an authorized actual user or to an authorized disposal facility in accordance with the provisions of these rules.

5.       The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a Treatment, Storage and Disposal Facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.

6.       The Occupier shall take all the steps while managing hazardous and other wastes to:

a)    Contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and 

b)    Provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety.

(E)     Storage of Hazardous and Other Wastes:

                 The occupiers of facilities may store the hazardous and other waste for a period not exceeding 90 days and shall maintain a record of sale, transfer, storage, re-cycling, recovery, pre-processing, co-processing and utilization of such wastes and make these records available for inspection.

(F)   Data Maintenance:

                 Every occupier authorized under these rules shall maintain a record of Hazardous and Other Wastes managed by him in Form 3and prepare and submit to the State Pollution Control Board, an annual return containing the details specified in Form-4 on or before the 30th day of June following to the financial year to which that return relates.

(G)    Accident Reporting

                 Where an accident occurs at the facility of the occupier handling hazardous and other wastes and operator of the disposal facility or during transportation, the occupier or the operator or the transporter shall immediately intimate the State Pollution Control Board through telephone, e-mail about the accident and subsequently send a report in Form-11.

(H)   Utilization of Hazardous and other wastes:

(1)   The utilization of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use, including within the premises of the generator (if it is not part of the process), shall be carried out only after obtaining authorization from State Pollution Control Board in respect of waste on the basis of standard operating procedure or guidelines provided by Central Pollution Control Board (CPCB).

(2)   Where standard operating procedure or guidelines are not available for specific utilization, the approval has to be sought from CPCB.

           Provided if trial run has been conducted for particular waste with request to particular utilization and compliance to the environmental standards has been demonstrated, authorization may be granted by State Pollution Control Board with request to the same based and utilization, without need of separate trial run by CPCB and such cases of successful trial run, CPCB shall intimate all the State Pollution Control Board regarding the same.

(3)   No trial runs shall be required for co-processing of waste in cement plants for which guidelines by CPCB are already available, however the actual users shall ensure compliance to the standards notified under Environment (Protection) Act, 1986, for cement plant with respect to co-processing of waste.

           Provided that till the time the standards are notified, the procedure as applicable to other kind of utilization of hazardous and other wastes, as enumerated above shall be followed.

(I)     Import and export of hazardous and other wastes:  

                 The MoEF and Climate Change shall be the nodal ministry to deal with the trans-boundary movement of hazardous and other wastes in accordance with the provisions of these rules.

1.      No import of the hazardous and other wastes from any country to India for disposal shall be permitted.

2.       The import of hazardous and other wastes from any country shall be permitted for recycling, recovery, reuse and utilization including co-processing.

3.      The import of hazardous wastes in Part-A of Schedule -III may be allowed to actual user with the prior informed consent of the exporting country and shall require the permission of the MOEF and CC.

4.      The import of other wastes in Part-B of Schedule-III may be allowed to actual user with the permission of MOEF and CC.

5.      The import of other wastes in Part-D of Schedule-III will be allowed as per the procedure given in rule 13 and as per the note below the said schedule.

6.      No import of hazardous and other wastes specified in Schedule-VI shall be permitted.

7.      The import and export of hazardous and other wastes not specified in Schedule III, but exhibiting the hazardous characteristics outlined in Part C of Schedule III shall require prior written permission of the Ministry of Environment, Forest and Climate Change before it is imported to or exported from India, as the case may be.

(J)   Responsibilities of State Government for environmentally sound management of hazardous and other wastes. 

(1)    Department of Industry in the State or any other government agency authorised in this regard by the State Government, to ensure earmarking or allocation of industrial space or shed for recycling, pre-processing and other utilisation of hazardous or other waste in the existing and upcoming industrial park, estate and industrial clusters;

(2)    Department of Labour in the State or any other government agency authorised in this regard by the State Government shall,-

(a)      ensure recognition and registration of workers involved in recycling, pre-processing and other utilisation activities;

(b)     assist formation of groups of such workers to facilitate setting up such facilities;

(c)    undertake industrial skill development activities for the workers involved inrecycling, pre-processing and other utilisation;

(d)    undertake annual monitoring and to ensure safety and health of workers involved in recycling, pre-processing and other utilisation.

(3)    Every State Government may prepare integrated plan for effective implementation of these provisions and to submit annual report to the Ministry of Environment, Forest and Climate Change, in the Central Government.

(K)   Transportation of Hazardous Waste:

(1)    The transport of the hazardous and other waste shall be in accordance with the provisions of these rules and the rules made by the Central Government under the Motor Vehicles Act, 1988 and the guidelines issued by the Central Pollution Control Board from time to time in this regard.

(2)    The occupier shall provide the transporter with the relevant information in Form 9, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency and shall label the hazardous and other wastes containers as per Form 8.

(3)    In case of transportation of hazardous and other waste for final disposal to a facility existing in a State other than the State where the waste is generated, the sender shall obtain ‘No Objection Certificate' from the State Pollution Control Board of both the States.

(4)    In case of transportation of hazardous and other waste for recycling or utilisation including coprocessing, the sender shall intimate both the State Pollution Control Boards before handing over the waste to the transporter.

(5)    In case of transit of hazardous and other waste for recycling, utilisation including coprocessing or disposal through a State other than the States of origin and destination, the sender shall give prior intimation to the concerned State Pollution Control Board of the States of transit before handing over the wastes to the transporter.

(6)    In case of transportation of hazardous and other waste, the responsibility of safe transport shall be either of the sender or the receiver whosoever arranges the transport and has the necessary authorisation for transport from the concerned State Pollution Control Board. This responsibility should be clearly indicated in the manifest.

(7)    The authorisation for transport shall be obtained either by the sender or the receiver on whose behalf the transport is being arranged.

(L)    Manifest system (Movement Document) for hazardous and other waste to be used within the country only.-

(1)    The sender of the waste shall prepare seven copies of the manifest in Form 10 comprising of colour code indicated below and all seven copies shall be signed by the sender:

 

Copy number with colour code

Purpose

(1)

(2)

Copy 1 (White)

To be forwarded by the sender to the State Pollution Control Board after signing all the seven copies.

Copy 2 (Yellow)

To be retained by the sender after taking signature on it from the transporter and the rest of the five signed copies to be carried by the transporter.

Copy 3 (Pink)

To be retained by the receiver (actual user or treatment storage and disposal facility operator) after receiving the waste and the remaining four copies are to be duly signed by the receiver.

Copy 4 (Orange)

To be handed over to the transporter by the receiver after accepting waste.

Copy 5 (Green)

To be sent by the receiver to the State Pollution Control Board.

Copy 6 (Blue)

To be sent by the receiver to the sender.

Copy 7 (Grey)

To be sent by the receiver to the State Pollution Control Board of the sender in case the sender is in another State.

 

 

(2)    The sender shall forward copy 1 (white) to the State Pollution Control Board, and in case the hazardous or other wastes is likely to be transported through any transit State, the sender shall intimate State Pollution Control Boards of transit States about the movement of the waste.

(3)    No transporter shall accept waste from the sender for transport unless it is accompanied by signed copies 3 to 7 of the manifest.

(4)    The transporter shall submit copies 3 to 7 of the manifest duly signed with date to the receiver along with the waste consignment.

(5)    The receiver after acceptance of the waste shall hand over copy 4 (orange) to the transporter and send copy 5 (green) to his State Pollution Control Board and send copy 6 (blue) to the sender and the copy 3 (pink) shall be retained by the receiver.

(6)    The copy 7 (grey) shall only be sent to the State Pollution Control Board of the sender, if the sender is in another State.

(M)   Appeal:

                 Any person aggrieved by an order of suspension or cancellation or refusal of authorization or its renewal passed by the State Pollution Control Board may, within a period of 30 days from the date on which the order is communicated to him, prefer an appeal in Form 12 to the Appellant Authority namely the Environment Secretary of the State.

Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008

Authorization

Every person who is engaged in generation, processing, treatment, package , storage, transportation, use, collection, destruction, conversion, offering for sale , transfer or like of the hazardous waste as categorized in the Schedule-I & II (Annexure-I)  shall make an application in Form I (Annexure-II) duly completed in all respects, to the Punjab Pollution Control Board for the grant of authorization for any of the said activities. 

Documents required for Hazardous Waste Authorization 

Responsibilities of the the occupier for the handling of hazardous waste       

1.    The occupier shall be responsible for safe and environmentally sound handling of hazardous wastes generated in his establishment. 
2.    The hazardous wastes generated in the establishment of an occupier shall be sent or sold to a recycler or re-processor or re-user registered or authorized under these rules or shall be disposed of in an authorized disposal facility. 
3.    The hazardous wastes transported from any occupier's establishment to a recycler for recycling or reuse or reprocessing or to an authorized facility for disposal shall be         
      transported in accordance with the provisions  of these rules.
4.    The occupier or any other person acting on his behalf who intends to get his hazardous wastes treated and disposed of by the operator of a Treatment, Storage and Disposal Facility shall give to the operator of a facility, such information as may be determined by the State Pollution Control Board.
5.    The Occupier shall take all adequate steps while handling hazardous wastes to :
            i)      Contain contaminants and prevent accidents and limit the consequences on human beings and the environment; and 
            ii)     Provide persons working on the site with the training, equipment and the information necessary to ensure their safety.

      Data Maintenance & Accident Reporting

Every person authorized under these rules shall maintain the record of Hazardous Wastes handled by him in Form 3
(Anneuxure-III)and prepare and submit to the State Pollution Control Board and annual return containing the details specified in Form-4 (Annexure-IV) on or before the 30th day of June following to the financial year to which that return relates. 

Where an accident occurs at the facility or on a hazardous waste site or during the transportation of hazardous waste, the occupier or operator of a facility or the transporter, as the case may be, is to report immediately to the State Pollution Control Board about the accident in Form14. (Annexure-V) 


Storage of Hazardous Wastes:


The occupiers, re-cyclers, re-processors, re-users, and operators of facilities may store the hazardous waste for a period not exceeding  90 days and shall maintain a record of sale, transfer, storage, re- cycling and re-processing of such wastes and make these records available for inspections

Grant of registration

The person desirous of recycling or reprocessing the hazardous waste specified in Schedule-IV (Annexure-VI)   shall make an application in Form 5 (Annexure-VII) accompanied with a copy each of following documents for the grant or renewal of the registration :

 a)    Consent to establish granted by the State Pollution Control Board  under 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)
 b)    Certificate of registration issued by the District Industries Centre or any other Government agency authorised in this regard. 
 c)    Proof of installed capacity of plant and machinery issued by District Industries Centre or any other Government agency authorised in this  behalf, and) In case of renewal, certificate of compliance of effluent, emission standards and treatment and disposal of hazardous wastes, as applicable, from the State Pollution Control Board.
 d)    The re-cycler or re-processor shall maintain records of hazardous wastes purchased and processed and shall file an annual return of its activities of previous year in Form 6  (Annexure-VIII)

Import and export of hazardous wastes :  

The MoEF is the nodal ministry to deal with the trans-boundary movement of Hazardous Wastes and to grant permission for transit of the Hazardous Waste through any part of India. 

 1.    No import of the hazardous wastes from any country to India for disposal is permitted.
 2.    The import of hazardous waste from any country is permitted only for the recycling or recovery or reuse.
 3.    The import or export of hazardous wastes specified in Schedule -III (Annexure-IX) is regulated in accordance with the conditions laid down in the said Schedule. A person intending to import or transit for transboundary movement of hazardous waste specified in Schedule-III shall apply in Form-7 and Form -8 (Annexure-X & XI)
 4.     No import or export of the hazardous wastes specified in Schedule-VI (Annexure-XII) is permitted.                                

Responsibilities for disposal site 

 1.   The State Govt., occupier or operator of a facility or any association of occupiers shall individually or jointly or severally be responsible for, and identify sites for establishing  the facility for treatment, storage and disposal of the hazardous wastes.
 2.   The operator of the common facility or occupier of a captive facility, shall design and set up the Treatment, Storage and Disposal Facility as per the technical guidelines issued by Central Pollution Control Board from time to time and shall obtain approval from the SPCB for design and layout in this regard.
 3.   The SPCB shall monitor the setting up and operation of the Treatment, Storage and Disposal Facilities regularly.
 4.   The operator of the Treatment, Storage and Disposal facility shall be responsible for safe and environmentally sound operation of the Treatment, Storage and Disposal Facility       and its closure and post closure phase, as per the guidelines issued by Central Pollution Control Board from time to time.
 5.   The operator of the Treatment, Storage and Disposal Facility shall maintain records of hazardous wastes handled by him in Form 3 (Annexure-III).  

Transportation of Hazardous Waste :

 The transport of the hazardous wastes shall be in accordance with the provisions of these rules and the rules made by the Central/State Government   under the Motor Vehicles Act, 1988 and the other guidelines issued  from time to time in this regard.

Appeal :

 Any person aggrieved by an order of suspension or cancellation or refusal of authorization or its renewal passed by the SPCB may, within a period of 30 days from the date on which the order is communicated to him,  prefer an appeal in Form 15 (Annexure-XIII)to the Appellant Authority comprising of Environment Secretary of the State.
 
List of the units registered with MoEF/CPCB as Recyclers/Reprocessors  before  delegation of powers to the State Board vide MoEF Notification no. S.O. 1996(E) dated 13.08.2010
List of the units registered with PPCB as Re-cyclers/Re-processores  after delegation of powers to the State Board vide MoEF Notification no. S.O. 1996(E) dated 13.08.2010