HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES 2000MINISTRY OF ENVIRONMENT & FORESTS NOTIFICATION
New Delhi, the 6th January, 2000
S.O. 24(E)- Whereas a notification of the Government of India in the Ministry of Environment and Forests was published in the gazette of India, Extraordinary, Part II Section 3, Sub-section (ii) vide No. S.O.10 (E) dated 8th January, 1999 under powers conferred by section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), inviting objections from persons likely to be affected within a period of sixty days from the date of publication of the notification with regard to the Government’s intention to amend the Hazardous Wastes (Management and Handling) Rules, 1989.
And, whereas, objections received within the period were duly concerned by the Central Government;
Now, therefore, in exercise of the powers conferred by section 6, 8, 25 of the Environment (Protection) Act, 1986 the Central Government hereby notifies the amendments to the Hazardous Wastes (Management and Handing) Rules, 1989.
Hazardous Wastes (Management and Handling) Amendment Rules, 2000
1. (1) These rules may be called the Hazardous Wastes (Management and Handling Amendment Rules, 2000;
(2) They shall come into force on the date of their publication in the official Gazette;
2. In the Hazardous Wastes (Management and Handling) Rules, 1989, (herein after referred to as the said rules), in rule 2;-
(a) after the words “These rules shall apply to”, the words “the handling of” will be inserted;
(b) after the words “as specified in”, the word “schedule” shall be substituted by the word “schedules”.
3. In rule 3 of the said rules;
(a) for sub-role (i) the following sub-rule shall be substituted namely :-
“(i) Hazardous Wastes means,-
(a) Waste Substances which are generated in the process indicated in column 2 of Schedule – 1 and consists of wholly or partly of the waste substance referred to in column-3 of the same schedule;
(b) Waste substances which consists wholly or partly of sub- stances indicated in Schedule -2, unless the concentration of the substances is less than the limit indicated in the same schedule; and
(c) Waste substances indicated in Part-A, List ‘A’ and ‘B’ of schedule-3 applicable only to rule 12, 13 and 14 unless they do not posses any of the hazardous characteristics in Part-B of the same schedule.
(b) after sub-rule (p), the following sub-rules, shall be inserted namely :-
“(q) ‘disposal’ means deposit, treatment, storage and recovery of any hazardous wastes;
(r) ‘mainfest’ means transporting document originated and signed by the occupier in accordance with rule 7(4) and 7(5);
(s) ‘State Government’ means State Government and in relation to Union Territory the Administrator thereof appointed under Article 239 of the Constitution;
(t) ‘Storage’ means keeping hazardous wastes for a temporary period, at the end of which the hazardous waste is treated and disposed off
(u) ‘transport’ means movement of hazardous waste by air, rail, road or water;
(v) ‘transporter’ means a person engaged in the off-site transportation of hazardous waste by air, rail, road or water;
(w) ‘treatment’ means a method, technique or process, designed to change the physical chemical or biological characteristics or composition of any hazardous waste so as to render such wastes harmless;
(x) “environmentally sound management of hazardous wastes” means taking all steps to ensure that the hazardous wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes;
(y) “illegal traffic” means any transboundary movement of hazardous wastes as specified in rule 15;”
(c) Sub-rule (q) shall be re-lettered as sub-rule “(Z)”.
4. In rule 4 of the said rules:-
(a) for the heading “4, Responsibility of the occupier for handling of wastes”, the words, “4. Responsibility of the occupier and operator of a facility for handling of the wastes “shall be substituted;
(b) for sub-rule (1), the following sub-rule shall be inserted, namely:-
“(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 Schedule 1,2 and 3.”
(c) after sub-rule (2), the following sub-rule shall be inserted namely:-
“(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.”
5. After rule 4, the following rule shall be inserted, namely:-
“4A. Duties of the occupier and operator of a facility: 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 contaminant 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.
4B. Duties of the Authority : Subject to the provisions of these rules, the authority shall also perform duties as specified in Column 3 of Schedule 4.”
6. In rule 5 of the said rules :-
(a) In sub-rule (2),(3) (4) and (7) for the words “State Pollution Control Board” the words “Member-Secretary, State Pollution Control Board or any officer designated by the Board” shall\ be substituted;
(b) in sub-rulee (2) and sub-rule (3) after the words “Form 1” the following shall be inserted namely:-
“along with a sum of rupees seven thousand five hundred only for processing application for authorization and analysis fee, if required, as prescribed under the Environment (Protection) Act, 1986”;
(c) after sub-rule (4), the following sub-rule shall be inserted, namely:-
“(4A) The authorisation application complete in all respects shall be processed by the State Pollution Control Boards within ninety days of the receipt of such application”;
(d) in sub-rule (6)(i) for the words “a period of two years from” the words “for a period of five years from” shall be substituted.
(e) after sub-rule (7), the following sub-rule shall be inserted, namely:-
“(8) The Member Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted under sub rule (6), after examining each case on merit, subject to the ssfollowing,-
(i) on submission of annual returns by the occupier or operator of facility in Form 4;
(ii) On steps taken, wherever feasible, for reduction in the waste generated or recycled or reused.
(iii) on fulfilment of conditions prescribed in the authorisation regarding management in an environmentally sound manner of wastes; and
(iv) on remittance of a processing application fee and analysis fee, as the case may be.”
7. In Rule 7 of the said rules ,-
(a) for sub-rule (1), the following shall be substituted, namely;-
“(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 a labelling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors;”
(b) or sub-rule (2), the following sub-rule shall be substituted, namely:-
“(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”;
(c) after sub-rule (2), the following sub-rules shall be inserted, namely:-
“(3) All hazardous waste containers shall be provided with a general label as given in Form 8″.
(4) No transporter shall accept hazardous wastes from an occupier for disposal unless it is accompanied by five copies of the manifest (Form 9) as per the colour codes. The transporter shall give a copy of the manifest signed and dated to the occupier and retain the remaining four copies to be used as prescribed in sub-rule (5).
(5) Occupier shall provide the transporter with six copies of the manifest as per the colour codes indicated below:
Copy 1(White) forwarded to the Pollution Control Board by the occupier.
Copy 2(Light yellow) signed by the transporter and retained by the occupier.
Copy 3(Pink) retained by the operator of a facility.
Copy 4(Orange) returned to the transporter by the operator of facility after a accepting waste
Copy 5(green) forward to Pollution Control Board by the operator of facility after disposal.
Copy 6(Blue) returned to the occupier by the operator of the facility after disposal
(6) The occupier shall obtain necessary no-objection certificate from State Pollution Control Boards in the respective states involved in case of any inter and intra State transport of hazardous wastes;
(7) The occupier shall provide the transporter with relevant information in Form 10, regarding the hazardous nature of the wastes and measures to be taken in case of an emerg- ency.”
8. In the said rules, for rule 8, the following rule, shall be substituted, namely:-
“8. Disposal Sites :- (1) The occupier or any operator of a facility shall be responsible for identifying sites for establishing hazardous wastes disposal facility;
(2) The State Government, operator of a facility or any association of occupiers shall identify sites for common hazardous waste disposal facility in the state;
(3) The State Government, occupier or any association shall after preliminary impact assessment studies identify possible sites for disposal facility. They shall then undertake an Environmental Impact Assessment of these sites for selecting an appropriate site for hazardous waste disposal facility;
(4) The occupier or any association after identification as prescribed in sub-rule (3) shall inform the State Government to take necessary action for notifying of the site;
(5) The State Government shall after identification or an receipt of information regarding identification by such occupier or any such association shall cause a public notice inviting objections and suggestions within thirty days;
(6) The state Government shall on receipt of any objection conduct a public hearing as per the procedure notified for Environmental Impact Assessment;
(7) The state Government shall then, acquire or inform such occupier or any such association to acquire the site before notifying the same. It shall also undertake to compile and publish periodically and invertory of such disposal sites in the state;”
9. After rule 8 of the said rules, the following rules shall be inserted, namely:-
“8A. Design and setting up pf disposal facility :- (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 lay- out 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.
8B. Operation and closure of landfill site: (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 occupieror 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.”
10. For rule 11 of the said rules, the following rule shall be substituted namely,-
“11 – Import and Export of Hazardous Wastes for dumping and disposal; 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.”
11. After rule 11, the following rules shall be inserted, namely.-
“12. Import and Export of Hazardous Wastes for recycling and reuse (1) Import and/or export of hazardous wastes rule 3(i)(c) shall only be permitted as raw material for recycling or reuse;
(2) The Ministry of Environmental and Forests shall be the nodal Ministry to deal with transboundary movement of hazardous waste;
(3) For regulation of export and import the authorities mentioned in Schedule 4 shall be responsible;
(4) The decision of the Central Government in respect of grant of permission for import or export shall be final;
(5) Any occupier importing or exporting hazardous waste shall provide detailed information in Form 7A to the Customs authorities.
(6) Any occupier exporting or importing hazardous waste from or to India shall comply with the articles of the Basel Convention to which the Central Government is a signatory.”
13. Import of Hazardous Waste: (1) Every occupier importing hazardous waste shall apply to the State Pollution Control Board, one hundred twenty days in advance in Form 6 for permission
to import along with a minimum fee of rupees thirty thousand payable to Ministry of Environment and Forests, Govt. of India for imports upto five hundred metric tonnes and for every additional five hundred metric tonnes or part there of waste imported an additional sum of rupees five thousand will be payable;
(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 from the State Pollution Control Board and after satisfying itself will grant permission for import subject to the following;–
(a) environmentally friendly/appropriate technology used for reprocessing;
(b) the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner;
(c) presence of adequate facility for treatment and disposal of wastes generated; and
(d) approvals, no objection certificates and authorisations from all concerned authorities; and
(e) remittance of a processing application fee;
(4) The Ministry of Environment & Forests, Government of India, shall forward a copy of the permissions granted, to the Central Pollution Control Board, the State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and to take appropriate steps for safe handling of the waste at the time of off- loading;
(5) An application for licence to the Directorate General of Foreign Trade for import shall be accompanied with the permission granted by the Ministry of Environment aid Forests, Government of India under sub-rule (3) to the importer and an authenticated copy of Form 7 of the Exporter under sub-rule (3)of rule 14;
(6) The Port and Custom authorities shall ensure that the shipping document is accompanied with an authenticated copy of Form 7 and the test report from an accredited laboratory of analysis of the hazardous waste shipped.
(7) The occupier having valid permission to import shall inform the State and Central Pollution Control Board and the Port authorities of the arrival of the consignment of hazardous wastes ten days in advance;
(8) The occupier importing hazardous waste shall maintain the records of hazardous waste imports as specified in Form 6A and the record so maintained shall be available for inspection;
14. Export of Hazardous Waste: (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 a 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 Board:
(4) The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received. The exporter shall also ensure that the shipping document is accompanied with
Form 7A, an authenticated copy of Form 7 and an authenticated copy of Form 7 and an authenticated copy of the test report from an accredited laboratory of analysis of the hazardous waste;
(5) The occupier, exporting hazardous waste to any other country shall seek permission from the competent authority of that country prior to any shipment;
(6) Every occupier exporting hazardous waste shall inform the Central Government of the permission sought for exporting, permission granted for export and details of the export in Form 7.
15. Illegal Traffic : (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; or
(ii) if the permission has been obtained through falsification, mis-representation 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-loading subject to inability to comply with sub-rule 2(i) above.
(3) In case of illegal transboundary movement of hazardous wastes, the occupier exporting hazardous waste from the country or the exporter exporting hazardous waste to the country and importer importing hazardous waste into the country shall ensure that the wastes wastes in question is safely stored and shipped or disposed off in an enmironmently sound manner within thirty days from the date of off-loading;
(4) The exporting country shall bear the costs incurred for the disposal of such wastes.
16. Liability of the occupier, transporter and operator of a facility;
(1) The occupier, transporter and operator of a facility shall be liable for damages caused to the environment resulting due to importer handling and disposal of hazardous waste listed in schedule 1,2 and 3;
(2) The occupier and operator of a facility shall also be liable to reinstate of restore damaged or destroyed elements of the environment;
(3) The occupier and operator of a facility shall be liable to pay a fine as levied by the State Pollution Control Board with the approval of the Central Pollution Control Board for any violation of the provisions under these rules.
17. Transitional provisions – where;-
(a) On the date of comping 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 fore of these rules;
(b) State Pollution Control Boards and Pollution Control Committees are required to oversee the compliance.”
13. For rule-18 of the said rules, the following rule shall be substituted, namely;-
“18. Appeal (1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member-Secretary, State Poll- ution 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 receipt of the order passed.
14. In Form 1 of said rules, at the bottom of item 8, the following words shall be inserted,-
“Place Signature
Date Designation”
15. In Form 2 of the said rules, for the words “(Authorisation for operating a facility for collection , reception, treatment, storage, transport and disposal of hazardous wastes)” the words “Form for Grant of authorisation for occupier or operator handling hazardous wastes,” shall be substituted.
16. In Form 3 of the said rules, after item 7 which relates to heading “data on environmental surveillance”, the following shall be inserted,-
“8 details of the hazardous wastes reused and recycled –
Date Total quantity of hazardous waste generated Details of hazardous waste minimisation activity Material received Final quantity of waste generated Net reduction in waste generation quantity and percentage
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Place Signature
Date : Designation ”
17. In Form 4 of the said rules, at the bottom of item 3, the following words shall be inserted, –
Place Signature
Date : Designation ”
18. In Form 5 of the said rules, after Item 7 “The steps” taken to prevent the recurrence of such an accident”, the following shall be inserted,-
Place Signature
Date : Designation ”
19. For Form 6 of the said rules, the following forms shall be substituted, namely, –
FORM 6
[See Rule 13(1)]
Application for importing hazardous/recyclable wastes as raw materials
From ………………………….
………………………….
………………………….
To : TO BE MAILED BY IMPORTER
The Member Secretary,
State Pollution Control Board
——————————
Sir,
I/we apply for ‘No Objection’ of authorisation under sub-rule (1) of rule 13 of the Hazardous Waste (Management & Handling) Rules, 1989, amended in 1999 for importing/exporting hazardous/recyclable wastes to use as raw materials.
FOR OFFICE USE ONLY
1. Code No.
2. Whether the unit is situated in a critically polluted area as identified by the Ministry of Environment and Forests :
TO BE FILLED IN BY APPLICANT
PART 1 : (To be filled by Exporter or a person authorized by the exporter)
1. Name and Address of the Exporter
2. Details of material (hazardous wastes in the form of raw material)to be exported
S.No. Particulars Six digit Code No Purity expected Quantity Whether any special handling requirement?
3. The material permitted shall be fully insured for transit as well as for any accidental occurence and its cleanup operation.
4. The exported material shall be taken back, if it creates a genuine Environmental hazard or shall take all such measures to treat and dispose in an environmentally benign manner upto the satisfaction of concerned SPCB. All such costs involved in such operation shall be borne by Exporter and/or Importer.
PART 2: (To be filled in by Importer)
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1. Name and Address:
2. Whether Authorisation is obtained in Form 2: Yes/No
on application made in Form 1 (enclose copy)
3. Details of material to be imported
S.No. Particulars Six digit Code No Purity expected Quantity Whether any special handling requirement?
* (Here enter as reference nomenclature, the equivalent six digit code no. form European Waste Catalogue EWC, issued pursuant to the Article 1(a) of Council Directive 75/442/EEC on waste or its equivalent as the case may be)
4. Whether you have received such improted hazardous wastes in the form of raw materials in the past and if yes give details
5. Whether the importer has :
S.No. Name of Material Country of Export Year Quantity in tonnes
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(a) Adequate facility to handle imported hazardous waste in the form of his raw material Yes/No
if yes furnish details.
(b) Adequate facility to handle the hazardous waste generated by the use of such imported hazardouswastes in the form of his raw material Yes/No
(c) Requisite laboratory testing facility Yes/No
6. Break-up of the imported material
(a) The total quantity applied for……………..T
(b) Out of (a) above, how much quantity after initial in-situ purifcation, will be available as raw material……………………T
(c) Out of (b) above, how much quantity will be converted to be the useful product or co-product ……………T
7. Means of Transport (Road, Rail, inland waterway, sea, air) including country of export, transit and import, also point of entry and exit where these have been designated.
8. Information on special handling requirements including emergency provision in case of accident.
(Attach separate sheet)
9. Undertaking :
I hereby solemnly undertake that
1. the full consignment shall be cleared in one lot by arranging authorised transporter under my supervision with due prior intimation to the Board, District Collector and Police Station and the imported material shall be admitted in an enclosure especially provided in the premises.
2. The material permitted shall be fully insured for transit as well as for any accidental occurrence and its clean-up operation.
3. The record of consumption and fate of the imported material shall be monitored and report sent to the board every fortnight.
4. At every stop of consumption of 25, 50,75 and 100% of imported material, the situation in the store shall be shown to the Board authority at our cost.
5. The hazardous wastes which gets generated in our premises by the use of imported hazardous wastes in the form of raw material, shall be treated and disposed of and only as per conditions of authorisation.
6. I/We agree to share the cost and joint to exporter in undertaking te measures as per undertaking given by Exporter at Part A column No. 12 (3) of this Form 6,
7. I am aware that there are significant penalties for submitting a false certificate/undertaking disobedience of the rules and lawful] orders including the possibility of fine and imprisonment.
Exporter Signature
Designation
Date……………….
Place………………
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Importer Signature
Designation
Date……………….
Place………………
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FORM 6A
(See Rule 13 (8))
(Format for maintaining records of hazardous waste imported and exported)
1. Name and address of the importer :
2. Date and reference number of issuance of permission to import hazardous wastes:
3. Description of hazardous waste :
a) Physical form:
b) Chemical form:
c) Total volume and weight (in kilograms):
d) Test report as per Rule 13(6):
4. Description of storage, treatment and reuse of hazardous waste
a) Date:
b) Method of Storage:
c) Method of treatment and reuse (give details)
20. For Form 7 of the said rules, the following form shall be substituted namely,-
FORM – 7
[See rule-13(5) &(6)]
Trans-boundary Movement of Waste-NOTIFICATION
1. Exporter (Name and Address):
Contact Person:
Tel:
Fax/Telex:
Reason for export:
3. Notification concerning(1): Notification
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