Hazardous Waste

Rule 2(17) of the Hazardous Waste Rules defines “hazardous waste” as any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or which is likely to cause danger to the health and environment, whether alone or in contact with other wastes or substances present, and shall include -

• waste mentioned under column (3) of Schedule I;
• waste which is having equal to or more than the concentration limits specified for the constituents in class A and class B of Schedule II or any of the characteristics mentioned in class C of Schedule II; and
• wastes specified in Part A of Schedule III in respect of import or export of such wastes or the wastes not specified in Part A but exhibit hazardous characteristics specified in Part C of Schedule III;

Laws relating to Hazardous Waste Management

Hazardous Waste (Management & Handling Rules), 1989 were notified by the Central government under the Environment (Protection) Act, 1986. It was done for the collection, safe handling, treatments, storage, sale, destruction, and disposal of hazardous waste.

These rules talk about the duties and powers of authorities like the Ministry of Environment and Forest and Climate Change, Central Pollution Control Board, State Pollution Control Boards or PCCs, Directorate General of Foreign Trade, Port authority and Custom Authority. The State Pollution Board or committees are extensively given the responsibilities related to hazardous waste generation, and its handling and disposal.

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

These rules ensure the recovery and disposal of hazardous waste in an environmentally sound manner. These rules are environment and industry-friendly. These rules blend the concept of ease of doing business and make in India with sustainable development.

• These rules have incorporated the concept of prevention, minimization, reuse, recycling, recovery, co-processing, and safe disposal.
• The rules have revised the forms, simplified the procedure for the management of hazardous waste and other wastes.
• Additionally, these rules have further simplified the procedure and merged the approvals which are needed in a single window clearance.
• Under the Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 Rule 4, the occupier is the one who is responsible for safe and environmentally sound management of hazardous and other wastes which is generated in the establishment.
• Under the Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016, Rule 6, every occupier of the facility is responsible for the handling, collection, storage, treatment, recovery, and transfer of hazardous waste is required to obtain an authorization.

Prerequisites required for obtaining authorization for storage under Hazardous Waste Rules

• The display of updated date on the main factory gate
• Appropriate containment system in the storage facility.
• The containers or enclosures should be marked as Hazardous Waste in red or Hindi/English.
• The occupier has the duty to take precautions for prevention from any accidental ignition, the reaction of any ignitable and reactive waste.
• The containment system should always be leak proof and able to drain/remove liquids.
• Units storing hazardous waste should store the waste in such a manner that it does not contaminate the environment.

Procedure for Hazardous Waste Management Authorization

• Industries generating hazardous wastes shall have to obtain authorization under Rule (6) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
• An application in Form 1 to the State Pollution Control Board (SPCB) is made by every occupier who does the handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous and other waste.
• The application has to be sent within 60 days from the date of the publication of 2016 Rules.
• The application needs to be accompanied with consent certificate granted by the SPCD to establish and operate.
• Further, in case of renewal of authorization, one needs to submit a self-certified compliance report. It has to be made three months before the expiry of hazardous waste management authorization.
• On the receipt of the application, the SPCD after inquiry and ensuring that there is full compliance with the standard operating procedure or other guidelines of the CPCD grant within 120 days an authorization in Form 2 to the applicant.
• This authorization is valid for five years.
• The occupier has to maintain a record of hazardous and other waste in Form 3and submit form 4 to the SPCD stating the annual return on or before June 30^th following the financial year to which that return relates.

Hazardous Waste Management Authorization with LawyerINC

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