HAZARDOUS AND OTHER WASTES (MANAGEMENT AND TRANSBOUNDARY MOVEMENT) RULES, 2016

Pre. Notification No. G.S.R. 395(E), dated 4th April, 2016

G.S.R. 395(E).-Whereas the draft rules, namely the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2015, were published by the Government of India in the Ministry of Environment, Forest and Climate Changevidenumber G.S.R. 582(E), dated the 24^thJuly, 2015 in the Gazette of India, Extraordinary Part II, section 3, sub-section (ii) inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public;

And Whereas the copies of the said Gazette containing the said notification were made available to the public on the 24^thday of July, 2015;

And Whereas the objections and suggestions received within the specified period from the public in respect of the said draft rules have been duly considered by the Central G

R.1 Short title and commencement

(1) These rules may be called the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Application

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 kilometres of the relevant baseline as 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 (Man

R.3 Definitions

(1) In these rules, unless the context otherwise requires,-

1."Act"means the Environment (Protection) Act, 1986 (29 of 1986);

2."actual user"means an occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, pre-processing, utilisation including co-processing;

3."authorisation"means permission for generation, handling, collection, reception, treatment, transport, storage, reuse, recycling, recovery, pre-processing, utilisation including co-processing and disposal of hazardous wastes granted under sub-rule (2) of rule 6;

4."Basel Convention"means the United Nations Environment Programme Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal;

5."captive treatment, storage and disposal facility"means a facility developed within the premises of an occupier for treatment, storage and disp

R.4 Responsibilities of the occupier for management of hazardous and other wastes

(1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:-

(a) prevention;

(b) minimization;

(d) recycling;

(e) recovery, utilisation including co-processing;

(f) safe disposal.

(2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes.

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

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

(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 in recycling, pre-processing and other utilisation;

(d) undertake annual monitoring and to ensure safety

R.6 Grant of authorisation for managing hazardous and other wastes

(1) Every occupier of the facility who is engaged in handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal of the hazardous and other wastes shall be required to make an application inForm 1to the State Pollution Control Board and obtain an authorisation from the State Pollution Control Board within a period of sixty days from the date of publication of these rules. Such application for authorisation shall be accompanied with a copy each of the following documents, namely:-

(a) consent to establish granted by the State Pollution Control Board 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);

(b) Consent to operate granted by the State Pollution Control Board under the W

R.7 Power to suspend or cancel an authorisation

(1) The State Pollution Control Board, may, if in its opinion the holder of the authorisation has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules and after giving him a reasonable opportunity of being heard and after recording reasons thereof in writing cancel or suspend the authorisation issued under rule 6 for such period as it considers necessary in the public interest.

(2) Upon suspension or cancellation of the authorisation, the State Pollution Control Board may give directions to the person whose authorisation has been suspended or cancelled for the safe storage and management of the hazardous and other wastes, and such occupier shall comply with such directions.

R.8 Storage of hazardous and other wastes

(1) The occupiers of facilities may store the hazardous and other wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilisation of such wastes and make these records available for inspection:

Provided that the State Pollution Control Board may extend the said period of ninety days in following cases, namely:-

(i) small generators (up to ten tonnes per annum) up to one hundred and eighty days of their annual capacity;

(ii) actual users and disposal facility operators up to one hundred and eighty days of their annual capacity,

(iii) occupiers who do not have access to any treatment, storage, disposal facility in the concerned State; or

(iv) the waste which needs to be specifically stored for development of a process for its recycling, recovery, p

R.9 Utilisation of hazardous and other wastes

(1) The utilisation 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 process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board.

(2) Where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall be granting approval on the basis of trial runs and thereafter, standard operating procedures or guidelines shall be prepared by Central Pollution Control Board:

Provided, if trial run has been conducted for particular waste with respect to particular utilisation and compliance to the environmental standards has been

R.10 Standard Operating Procedure or guidelines for actual users

The Ministry of Environment, Forest and Climate Change or the Central Pollution Control Board may issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes from time to time.

R.11 Import and export (transboundary movement) of hazardous and other wastes

The Ministry of Environment, Forest and Climate Change shall be the nodal Ministry to deal with the transboundary movement of the hazardous and other wastes in accordance with the provisions of these rules.

R.12 Strategy for Import and export of hazardous and other wastes

(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 only for recycling, recovery, reuse and utilisation including co-processing.

(3) The import of hazardous waste in Part A of Schedule III may be allowed to actual users with the prior informed consent of the exporting country and shall require the permission of the Ministry of Environment, Forest and Climate Change.

(4) 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.

(5) 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.

(6) No import of the hazardous and other w

R.13 Procedure for import of hazardous and other wastes

(1) Actual users intending to import or transit for transboundary movement of hazardous and other wastes specified in Part A and Part B of Schedule III shall apply inForm 5along with the documents listed therein, to the Ministry of Environment, Forest and Climate Change for the proposed import together with the prior informed consent of the exporting country in respect of Part A of Schedule III waste, and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board for information and the acknowledgment in this respect from the concerned State Pollution Control Board shall be submitted to the Ministry of Environment, Forest and Climate Change along with the application.

(2) For the import of other wastes listed in Part D of Schedule III, the importer shall not require the permission of the Ministry of Environment, Forest and Climate Change. However, the importer shall furnish the required informati

R.14 Procedure for Export of hazardous and other wastes from India

(1) Any occupier intending to export waste specified in Part A of Schedule III, Part B of Schedule III and Schedule VI, shall make an application inForm 5along with insurance cover to the Ministry of Environment, Forest and Climate Change for the proposed transboundary movement of the hazardous and other wastes together with the prior informed consent in writing from the importing country in respect of wastes specified in Part A of Schedule III and Schedule VI.

(2) On receipt of an application under sub-rule (1), the Ministry of Environment, Forest and Climate Change may give permission for the proposed export within a period of sixty days from the date of submission of complete application and may impose such conditions as it may consider necessary.

(3) The Ministry of Environment, Forest and Climate Change shall forward a copy of the permission granted under sub-rule (2) to the State Pollution Control Board of th

R.15 Illegal traffic

(1) The export and import of hazardous or other wastes from and into India, respectively shall be deemed illegal, if,-

(i) it is without permission of the Central Government in accordance with these rules; or

(ii) the permission has been obtained through falsification, mis-representation or fraud; or

(iii) it does not conform to the shipping details provided in the movement documents; or

(iv) it results in deliberate disposal (i.e., dumping) of hazardous or other waste in contravention of the Basel Convention and of general principles of international or domestic law.

(2) In case of illegal import of the hazardous or other waste, the importer shall re-export the waste in question at his cost within a period of ninety days from the date of its arrival into India and its implementation will be ensured by the concerned Port and the Custom authority. In

R.16 Treatment, storage and disposal facility for hazardous and other wastes

(1) The State Government, occupier, operator of a facility or any association of occupiers shall individually or jointly or severally be responsible for identification of sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the State.

(2) The operator of common facility or occupier of a captive facility, shall design and set up the treatment, storage and disposal facility as per technical guidelines issued by the Central Pollution Control Board in this regard from time to time and shall obtain approval from the State Pollution Control Board for design and layout in this regard.

(3) The State Pollution Control Board shall monitor the setting up and operation of the common or captive treatment, storage and disposal facility, regularly.

(4) The operator of common facility or occupier of a captive facility shall be responsible for safe and environme

R.17 Packaging and Labelling

(1) Any occupier handling hazardous or other wastes and operator of the treatment, storage and disposal facility shall ensure that the hazardous and other wastes are packaged in a manner suitable for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time. The labeling shall be done as perForm 8-

(2) The label shall be of non-washable material, weather proof and easily visible.

R.18 Transportation of hazardous and other wastes

(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 inForm 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 perForm 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 Utilizat

R.19 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 inForm 10comprising of colour code indicated below and all seven copies shall be signed by the sender:

(1) The occupier handling hazardous or other wastes and operator of disposal facility shall maintain records of such operations inForm 3-

(2) The occupier handling hazardous and other wastes and operator of disposal facility shall send annual returns to the State Pollution Control Board inForm 4-

(3) The State Pollution Control Board based on the annual returns received from the occupiers and the operators of the facilities for disposal of hazardous and other wastes shall prepare an annual inventory of the waste generated; waste recycled, recovered, utilised including co-processed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30^thday of September every year. The State Pollution Control Board shall also prepare the inventory of hazardous waste generators, actual users, and common and captive disposal facilities and shall submit the information to Cen

R.21 Responsibility of authorities

The authority specified in column (2) of Schedule VII shall perform the duties as specified in column (3) of the said Schedule subject to the provisions of these rules.

R.22 Accident reporting

Where an accident occurs at the facility of the occupier handling hazardous or 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 inForm 11-

R.23 Liability of occupier, importer or exporter and operator of a disposal facility

(1) The occupier, importer or exporter and operator of the disposal facility shall be liable for all damages caused to the environment or third party due to improper handling and management of the hazardous and other waste.

(2) The occupier and the operator of the disposal facility shall be liable to pay financial penalties as levied for any violation of the provisions under these rules by the State Pollution Control Board with the prior approval of the Central Pollution Control Board.

R.24 Appeal

(1) Any person aggrieved by an order of suspension or cancellation or refusal of authorisation or its renewal passed by the State Pollution Control Board may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal inForm 12to the Appellate Authority, namely, the Environment Secretary of the State.

(2) The Appellate Authority may entertain the appeal after expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) Every appeal filed under this rule shall be disposed of within a period of sixty days from the date of its filing.

Sch.I .

Schedule I

[Seerule 3 (1) (17) (i)]

Schedule II

[See rule 3 (1) (17) (ii)]

Schedule III

Schedule IV

[See rules 6 (1) (ii) and 6 (2)]

List of commonly recyclable hazardous wastes

Schedule V

[See rules 3 (36) and 3 (39)]

Part A

Sch.6 .

Schedule VI

[See rules 12 (6), 12 (7) and 14(1)]

Schedule VII

[See rules 13 (6) and 21]

List of authorities and corresponding duties

Schedule VIII

Form 1

Form 1

[See rule 6 (1)]

Form 2

Form 2

[See rule 6(2)]

Form.3 .

Form 3

Form 3

[See rules 6(5), 13(7), 14(6), 16(5) and 20 (1)]

Format for Maintaining

Form.4 .

Form 4

[See rules 6(5), 13(8), 16(6) and 20 (2)]

Form for Filing Annual Returns

[To be submitted to State Pollution Control Board by 30^thday of June of every year for the preceding period April to March]

1. Name and address of facility:

2. Authorisation No. and Date of issue:

3. Name of the authorised person and full address with telephone, fax number and e-mail:

4. Production during the year (product wise), wherever applicable

Part A. To be filled by hazardous waste generators

1. Total quantity of waste generated category wise

2. Quantity dispatched

(i) to disposal facility

(ii) to recycler or co-processors or pre-processor

(iii) others

Form.5 .

Form 5

Form 5

[See rules 13 (1) and 14 (1)]

Application for Import or Export of Hazardous and other Waste for reuse

Form.6 .

Form

Form - 6

[See rules 13(2), 13 (10) and 14 (5)]

Transboundary Movement - Movement Document

Form.7 .

Form 7

Form 7

[See rule 13 (2) (c)]

Application form for one Time Authorisation of Traders for Part- D of Schedule

Form.8 .

Form 8

Form 8

[See rules 17 (1) and 18 (2)]

Labelling of Containers of Hazardous and Other Waste

Form.9 .

Form 9

Form 9

[See rule 18 (2)]

Transport Emergency (Trem) Card

Form 10

Form 10

[See rule 19 (1)]

Manifest for Hazardous and other Waste

Form.11 .

Form 11

Form 11

[See rule 22]

Format For Reporting Accident

Form 12

Form 12

[See rule 24 (1)]

Application for filing Appeal against the Order passed by State Pollution Control