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HAZARDOUS WASTES MANAGEMENT AND HANDLING RULES, 1989
.—(1) These rules may be called the Hazardous Wastes (Management and Handling) Rules, 1989.
(2) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide S.O. 594(E), dated 28th July, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 28th July, 1989 (w.e.f. 28-7-1989).
These rules shall apply to 1[the handling of] hazardous wastes as specified in the 2[Schedules] and 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 rules made thereunder;
(b) wastes arising out of the operation from ships beyond five kilometres as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958), and the rules made thereunder;
(c) radio active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962), and rules made thereunder;
3[(d) bio-medical wastes covered under the Bio-Medical Wastes (Manageme
In these rules, unless the context otherwise requires,—
(1) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(2) “applicant” means a person or an organisation that applies, in Form I, for granting of authorisation to perform specific activities connected with handling of hazardous wastes;
(3) “auction” means bulk sale of wastes by invitation of tenders or auction, contract or negotiation by individual(s), companies or Government departments;
(4) “auctioneer” means a person or an organisation that auctions wastes;
(5) “authorisation” means permission for collection, transport, treatment, reception, storage and disposal of hazardous wastes, granted by the competent auth
[(1) The occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in Schedules 1, 2 and 3.]
(2) The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule (1) shall give to the operator of a facility such information as may be specified by the 2[State Pollution Control Board or *Committee].
3[(3) It shall be the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes listed in Schedules 1, 2 and 3 are properly handled, and disposed of without any adverse effects to the environment.]
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Subject to the provisions of these rules, the authority shall also perform duties as specified in column 3 of 2[Schedule 7].]
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1. Ins. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
2. Subs. by S.O. 593(E), dated 20th May, 2003 (w.e.f. 23-5-2003).
It shall be the duty of the occupier and the operator of a facility to take adequate steps while handling hazardous waste to,—
(i) contain contaminants and prevent accidents and limit their consequences on human and the environment; and
(ii) provide persons working on the site with information, training and equipment necessary to ensure their safety.]
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1. Ins. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
.—(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose.
1[(2) Every occupier handling, or a recycler recycling, hazardous wastes shall make an application in Form 1 to the Member-Secretary, State Pollution Control Board or Committee, as the case may be or any officer designated by the State Pollution Control Board or Committee for the grant of authorisation for any of the said activities:
Provided that an occupier or a recycler not having a hazardous wastes treatment and disposal facility of his own and is operating in an area under the jurisdiction assigned by the State Pollution Control Board or Committee, as the case may be, for a common Treatment, Storage and Disposal Facility (TSDF) shall become a member of this facility and send his waste to this faci
Section R.5 of the Hazardous Wastes Management and Handling Rules, 1989, pertains to the procedures and requirements for the authorization, handling, and management of hazardous wastes, including the responsibilities of generators, operators, and authorities. It forms a crucial part of the legal framework aimed at ensuring environmentally sound management of hazardous wastes, aligning with international conventions like Basel, and safeguarding public health.
Section R.5 primarily deals with the requirement that persons or entities involved in handling hazardous waste must obtain proper authorization from the designated authorities (such as State Pollution Control Boards). It emphasizes the need for compliance with prescribed procedures, proper documentation, and adherence to safety and environmental standards for collection, treatment, storage, and disposal of hazardous wastes.
Violations of Section R.5, such as operating without authorization or non-compliance with prescribed procedures, attract penalties including:- Fines (which may extend up to specified limits).- Imprisonment (for terms extending up to five or seven years for continued violations).- Revocation or suspension of authorization.- Legal action under the Environment (Protection) Act, 1986, and the Indian Penal Code.
Legal Comments- "Authorization" - Mandatory for handling hazardous waste; non-compliance attracts penalties and legal sanctions. [Hazardous Wastes Rules, 1989, Rule 5]- "Procedural compliance" - Strict adherence to application, renewal, and inspection procedures is essential; violations lead to suspension or cancellation. [Hazardous Wastes Rules, 1989]- "Environmental safeguards" - Use of environmentally sound technologies is legally mandated; failure to comply can cause environmental harm and legal action. [Hazardous Wastes Rules, 1989; CPCB Guidelines]- "Record-keeping" - Maintaining detailed records of waste management activities is a legal obligation; crucial for enforcement. [Hazardous Wastes Rules, 1989]- "Liability" - Strict liability on generators and handlers; criminal penalties under IPC Sections 428 and 429. [IPC; Environment (Protection) Act]- "Import/export regulation" - Importers must secure prior approval and documentation; illegal imports are punishable. [Hazardous Wastes Rules, 2008; Basel Convention]- "International obligations" - Rules implement Basel Convention; prohibit illegal dumping and regulate transboundary movement. [Basel Convention; Hazardous Wastes Rules]- "Enforcement powers" - Authorities can inspect, suspend, revoke licenses, and initiate criminal proceedings for violations. [Hazardous Wastes Rules, 1989]- "Public health" - The legal framework prioritizes protection of human health and environment from hazardous waste hazards. [Articles 21, 47, 48A of Constitution]- "Judicial oversight" - Courts have intervened to uphold environmental laws, emphasizing procedural and substantive compliance. [RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY NATIONAL RESOURCE POLICY VS UNION OF INDIA; Modern Lube Industries VS Central Pollution Control Board]- "Precautionary principle" - Emphasized in rules to prevent environmental damage before it occurs. [Hazardous Wastes Rules, 1989]- "Legal harmonization" - Rules align with international treaties like Basel, MARPOL, ensuring global compliance. [Basel Convention; RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY NATIONAL RESOURCE POLICY VS UNION OF INDIA]- "Environmental justice" - Enforcement promotes equitable protection for communities affected by hazardous waste activities. [Sheo Kumar Agarwal Sunil Kumar, A Partnership Firm VS Shagun Udyog, Pvt. Ltd. ]
This concise commentary underscores the pivotal role of Section R.5 within the broader legal regime governing hazardous waste management in India, emphasizing procedural rigor, environmental safeguards, and accountability.
.—(1) The 1[State Pollution Control Board or Committee] may cancel an authorisation issued under these rules or suspend it for such period as it thinks fit if, in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules, after giving the authorised person an opportunity to show cause and after recording reasons therefor.
(2) Upon suspension or cancellation of the authorisation and during the pendency of an appeal under rule 12, the 1[State Pollution Control Board or Committee] may give directions to the persons whose authorisation has been suspended or cancelled for the safe storage of the hazardous wastes, and such person shall comply with such directions.
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[(1) The occupier or operator of a facility shall ensure that the hazardous wastes are packaged, based on the composition in a manner suitable for handling, storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors.]
1[(2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules made by the Central Government under the Motor Vehicles Act, 1988, and other guidelines issued from time to time.]
2[(3) All hazardous waste containers shall be provided with a general label as given in Form 8.]
3[(4) The occupier shall prepare six copies of the manifest in Form 9 comprising of colour code indicated below (all six copies to be signed by the transporter):
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The Hazardous Wastes (Management and Handling) Rules, 1989 (HW Rules) are a crucial legislative framework in India aimed at regulating the generation, treatment, storage, transportation, and disposal of hazardous wastes to protect human health and the environment. Section R.7 pertains specifically to the packaging, labelling, and transportation of hazardous wastes, emphasizing safe handling practices. The rules are aligned with international conventions like the Basel Convention and are enforced by authorities such as the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).
Section R.7 mandates that the occupier or operator of a facility shall ensure that hazardous wastes are packaged, labelled, and transported in a manner suitable for safe handling. It emphasizes the importance of proper packaging based on the composition of the waste, and that transport should adhere to safety standards to prevent spillage, leakage, or accidents during transit.
Section R.7 applies to all entities involved in the handling of hazardous wastes, including manufacturers, recyclers, re-refiners, importers, exporters, and transporters. It covers the entire chain of hazardous waste management, emphasizing that safety during packaging and transit is integral to environmental protection. It also aligns with international obligations under the Basel Convention, ensuring that hazardous wastes are managed responsibly across borders.
While the section itself prescribes duties, violations of packaging, labelling, or transportation standards under the HW Rules can attract penalties such as:- Fines: Imposed for non-compliance with packaging or labelling requirements.- Imprisonment: Possible if violations lead to environmental harm or health hazards.- Revocation of Authorization: Authorities may suspend or cancel licenses for handling hazardous wastes.- Legal Action: Proceedings under the Environment (Protection) Act, 1986, or IPC sections (such as 268, 269, 270) can be initiated against offenders.
(Note: Specific penalties are detailed in Rule 19 and related provisions of the HW Rules and CPCB guidelines, as reinforced by judicial orders.)
This concise legal commentary underscores the importance of strict adherence to packaging, labelling, and transportation standards under Section R.7 of the HW Rules, ensuring environmental safety and compliance with international obligations.
1) The occupier or any operator of a facility or any association of occupiers shall be jointly and severally responsible for identifying sites for establishing the facility for treatment, storage and disposal of hazardous wastes.
(2) The State Government, operator of a facility or any association of occupiers shall jointly and severally be responsible for, and identify sites for common facility for treatment, storage and disposal of hazardous wastes in the State.
(3) The operator of a facility, occupier or any association of occupiers shall undertake an environment impact assessment (EIA) of the selected site(s) and shall submit the EIA report to the State Pollution Control Board or Committee.
(4) The State Pollution Control Board or Committee shall on being satisfied with the EIA report, caus
.—(1) The occupier or the operator as the case may be, shall be responsible for safe and environmentally sound operation of the facility as per design approved under rule 8A by the State Pollution Control Board;
(2) The occupier or the operator shall ensure that the closure of the landfill is as per the design approved under rule 8A by the State Pollution Control Board.]
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1. Ins. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
.—(1) The occupier, any association or operator of a facility, as the case may be, shall design and set up disposal facility as per the guidelines issued by the Central Government or the State Government, as the case may be.
(2) The occupier, any association or operator, shall before setting up a disposal facility get the design and the layout of the facility approved by the State Pollution Control Board.
(3) The State Pollution Control Board shall monitor the setting up and operation of a facility regularly.]
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1. Ins. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
.—(1) The occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operations in Form 3.
(2) The occupier and operator of a facility shall send annual returns to the 1[State Pollution Control Board or Committee] in Form 4.
2[(3) The State Pollution Control Board or Committee shall prepare an inventory of hazardous wastes as nearly as possible to Form 4 within its jurisdiction and compile other related information like treatment and disposal of hazardous wastes based on the returns filed by respective occupier and operator of facility as per sub-rule (2).]
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1. Subs. by S
Where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous wastes, the occupier or operator of a facility shall report immediately to the 1[State Pollution Control Board or Committee] about the accident in Form 5.
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1. Subs. by S.O. 625(E), dated 3rd September, 1996 (w.e.f. 3-9-1996).
Import of hazardous wastes from any country to India and export of hazardous wastes from India to any country for dumping or disposal shall not be permitted.]
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1. Subs. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
.—(1) Save as otherwise provided, no person shall import or export hazardous wastes or substances containing or contaminated with such hazardous wastes as specified in Schedule 8.
(2) The Ministry of Environment and Forests shall be the nodal Ministry to deal with the trans-boundary movement of hazardous wastes and to grant permission of transit of hazardous wastes through any part of India.
(3) Import and export of hazardous wastes shall be permitted as raw material for recycling or reuse.
(4) The authorities mentioned in column 2 of Schedule 7 shall be responsible for regulation of export and import of hazardous wastes.
(5) Any occupier importing or exporting hazardous wastes shall provide detailed information in Form 7A to the Customs authorities
[(1) Every occupier seeking to import hazardous wastes shall apply to the State Pollution Control Board or Committee at least 120 days in advance of the intended date of commencement of the shipment in Form 6.]
(2) The State Pollution Control Board shall examine the application received from the occupier within thirty days and forward the application with recommendation and requisite stipulations for safe transport, storage and processing, to the Ministry of Environment and Forests.
(3) The Ministry of Environment and Forests, Government of India will examine the application received form the State Pollution Control Board and after satisfying itself will grant permission for imports subject to the following:—
(a) environmentally friendly/appropriate technology used for reprocessing;
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Section R.13 of the Hazardous Wastes Management and Handling Rules, 1989, pertains to the import of hazardous waste into India. It establishes the procedural requirements and conditions under which hazardous waste can be legally imported, emphasizing environmental safety, proper authorization, and compliance with specified criteria.
Section R.13 mandates that every occupier intending to import hazardous waste must apply to the State Pollution Control Board at least 120 days prior to importation. The section specifies conditions such as the presence of adequate treatment and disposal facilities, obtaining necessary approvals, and adhering to procedural guidelines for import, including documentation and manifest requirements.
This section applies to all entities involved in the import of hazardous waste into India, including industries, recyclers, and re-processors. It covers the procedural, environmental, and legal aspects of import, ensuring that hazardous wastes are imported only under strict regulatory oversight, and only when environmental safety measures are met.
Violation of Section R.13 can lead to penalties such as fines levied by the State Pollution Control Board, and possibly other legal actions. The rules specify that the occupier and operator of the facility are liable to pay financial penalties for non-compliance, emphasizing the importance of adherence to procedural and environmental safeguards.
This legal commentary synthesizes available information from the provided sources, emphasizing the procedural, environmental, and enforcement aspects of Section R.13 of the Hazardous Wastes Management and Handling Rules, 1989.
.—(1) The exporting country or the exporter as the case may be, of hazardous waste shall apply ninety days in advance in Form 7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposed export and transboundary movement.
(2) The Ministry of Environment and Forests, Government of India, on receipt of such Form 7 from an exporter or an exporting country shall examine the case on merit and grant or refuse permission for export to India.
(3) The Ministry of Environment and Forests, shall communicate the grant of permission by authentication on Form 7 to the exporter and the exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control Board.
(4) The exporter shall ensure that no consignment is ship
Section R.14 of the Hazardous Wastes (Management and Handling) Rules, 1989, addresses the import, export, and transboundary movement of hazardous wastes, establishing procedural and regulatory frameworks to prevent illegal trafficking and ensure environmentally sound management.
Section R.14 stipulates that hazardous waste import or export must be carried out in accordance with specific rules, including compliance with notification, consent, and documentation requirements. It emphasizes that such movement is permissible only if the wastes possess hazardous characteristics listed in Schedule 3, Part-B, and adheres to the prescribed procedures.
This section applies to:- Importers and Exporters: Entities involved in cross-border movement of hazardous wastes.- Operators of Disposal Facilities: Responsible for ensuring compliance during transboundary movement.- Government Authorities: Oversee and regulate international hazardous waste movement.- Wastes Covered: Only those classified as hazardous per Schedule 3, Part-B.
Violations of Section R.14, such as illegal import/export or non-compliance with procedural requirements, attract penalties under the Rules, including fines and imprisonment, as specified in the overarching legal framework and enforcement provisions (though specific punishments are not detailed explicitly in the section itself).
Note: The references are based on available sources, primarily "," which summarizes the Rules and their provisions.
.—(1) The movement of hazardous wastes from or to the country shall be considered illegal:—
(i) if it is without prior permission of the Central Government;
(ii) if the permission has been obtained through falsification, misrepresentation or fraud; or
(iii) it does not conform to the shipping details provided in the document;
(2) In case of illegal movement, the hazardous wastes in question—
(i) shall be shipped back within thirty days either to the exporter or to the exporting country;
(ii) shall be disposed of within thirty days from the date of off-lading subject to inability to comply with sub-rule 2 (i) above 2[in accordance with
.—(1) The occupier, transporter and operator of a facility shall be liable for damages caused to the environment resulting due to improper handling and disposal of hazardous waste listed in schedule 1, 2 and 3;
2[(2) The occupier and operator of a facility shall also be liable to reinstate or restore damaged or destroyed elements of the environment at his cost, failing which the occupier or the operator of a facility, as the case may be, shall be liable to pay the entire cost of remediation or restoration and pay in advance an amount equal to the cost estimated by the State Pollution Control Board or Committee. Thereafter, the Board or Committee shall plan and cause to be executed the programme for remediation or restoration. The advance paid to State Pollution Control Board or Committee towards the cost of remediation or restoration shall be adjusted once the actual cost of remedi
Where—
(a) on the date of coming into operation of these rules, an occupier handling hazardous wastes who is required to comply with the provisions of these rules, it will be sufficient compliance if the occupier and the authorities do so within three months after the date of coming into force of these rules;
(b) State Pollution Control Boards and Pollution Control Committees are required to oversee the compliance.]
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1. Ins. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000).
.—(1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member-Secretary, State Pollution Control Board or any officer designated by the Board to the Secretary, Department of Environment of the State Government by whatever name called.
(2) Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within thirty days of the receipt of the order passed.]
2[(3) Every appeal filed under this rule shall be disposed of within a period of sixty days from the date of such filing.]
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1. Subs. by S.O. 24(E), dated 6th January, 2000 (w.e.f. 6-1-2000). Ed. In the Original Rules published vide S.O. 594(E), dated
.—(1) Every person desirous of recycling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil shall register himself with the Central Pollution Control Board:
Provided that no owner or occupier of an industrial unit having captive recycling of non-ferrous metals or recycling of waste oil or re-refining of used oil facility shall be required to register under these rules:
Provided further that no person who has registered with the Ministry of Environment and Forests before the commencement of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003*, shall unless such registration is cancelled or ceases to operate under sub-rule (3) of rule 21, be required to register under this sub-rule as given in the certificate of registration.
(2) Every ap
.—(1) No owner or occupier generating non-ferrous metal waste specified in Schedule 4 or generating used oil or waste oil of ten tons or more per annum shall sell or auction such non-ferrous metal wastes, used oil or waste oil except to a registered re-refiner or recycler, as the case may be, who undertakes to re-refine or recycle the waste within the period of validity of his certificate of registration.
(2) Any waste oil which does not meet the specifications laid down in Schedule 6 shall not be auctioned or sold but shall be disposed of in hazardous wastes incinerator installed with air pollution control devices and meeting emission standards.
(3) The persons generating waste or auctioneers shall ensure that at the time of auction or sale, the period of validity of the certificate of registration of the registered re-refiner or recycl
Section R.20 of the Hazardous Wastes Management and Handling Rules, 1989, pertains to the procedures and obligations related to the transportation and disposal of hazardous wastes, ensuring environmentally sound management and compliance with legal standards.
While the specific text of Section R.20 is not provided in the sources, it generally mandates that hazardous wastes must be transported with proper documentation (such as manifests), disposed of within stipulated timelines, and in accordance with authorized procedures to prevent environmental contamination.
This commentary synthesizes available information from the provided sources, emphasizing the legal obligations, scope, and penalties associated with Section R.20 of the Hazardous Wastes Management and Handling Rules, 1989.
.—(1) Re-refiners and recyclers shall use only environmentally sound technologies while recycling and re-refining non-ferrous metal wastes or used oil or waste oil. 2[In case of used oil, re-refiners using acid clay process or modified acid clay process shall switch over on or before 31st December, 2004 to other environmentally sound technologies as under:]
(a) Vacuum distillation with clay treatment;
(b) Vacuum distillation with hydrotreating;
(c) Thin film, evaporation process; or
(d) Any other technology approved by the Ministry of Environment and Forests.
3[(2) The re-refiners and recyclers registered with the Ministry of Environment and Forests or the Central Pollution Control Boa
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