Hazardous Wastes (Management and Handling) Amendment Rules, 2000

Ministry of Environment & Forests

NOTIFICATION

New Delhi, the 6^th 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 8^th January, 1999 under powers conferred by sections 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 Handling) 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;

1. In the Hazardous Wastes (Management and Handling) Rules, 1989, ( herein after referred to as the said rules), in rule 2; –

1. 1. after the words ” These rules shall apply to” , the words ” the handling of ” will be inserted;
   2. after the words “as specified in”, the word “schedule” shall be substituted by the word “schedules”.

(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 substances referred to in column – 3 of the same schedule;

(b) Waste substances which consists wholly or partly of substances 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 possess 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) ‘manifest’ 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:-

1. 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;
2. for sub-rule (1), the following sub-rule shall be inserted, namely:-

4. After rule 4, the following rule shall be inserted, namely:-

1. 1. Contain contaminants and prevent accidents and limit their consequences on human and the environment; and
   2. provide persons working on the site with information, training and equipment necessary to ensure their safety.

4. In rule 5 of the said rules :-

1. 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;
2. in sub-rule (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″;
3. after sub-rule (4), the following sub-rule shall be inserted, namely:-

(e) after sub-rule (7), the following sub-rule shall be inserted, namely:-

1. on submission of annual returns by the occupier or operator of facility in Form 4;
2. On steps taken, wherever feasible, for reduction in the waste generated or recycled or reused;
3. on fulfillment 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, –

1. 1. 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 the 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:-

(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 3 (Pink) retained by the operator of a facility.

Copy 4(Orange) returned to the transporter by the

operator of the facility after disposal.

1. 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;
2. 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 emergency.”

2. 1. The State Government, operator of a facility or any association of occupiers shall identify sites for common hazardous wastes disposal facility in the state;
   2. 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; 
   3. 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;
   4. The State Government shall after identification or on receipt of information regarding identification by such occupier or any such association shall cause a public notice inviting objections and suggestions within thirty days;
   5. The state Government shall on receipt of any objection conduct a public hearing as per the procedure notified for Environmental Impact Assessment;
   6. 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 an inventory 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 of 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;

1. 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;
2. 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;

1. 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.”

10. For rule-11 of the said rules, the following rule shall be substituted, namely, –

2. 1. The Ministry of Environment and Forests shall be the nodal Ministry to deal with transboundary movement of hazardous waste;
   2. For regulation of export and import the authorities mentioned in Schedule 4 shall be responsible;
   3. The decision of the Central Government in respect of grant of permission for import or export shall be final;
   4. Any occupier importing or exporting hazardous waste shall provide detailed information in Form 7A to the Customs authorities.
   5. 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.”

1. 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;
2. 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 imports subject to the following;-

1. environmentally friendly/ appropriate technology used for re-processing;
2. the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner;
3. presence of adequate facility for treatment and disposal of wastes generated; and
4. approvals, no objection certificates and authorisations from all concerned authorities; and
5. remittance of a processing application fee;

1. The Ministry of Environment & Forests, Government of India, shall forward a copy of the permission 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;
2. 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 and 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;
3. 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;
4. 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;
5. 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;

1. 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;
2. 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;
3. 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 the test report from an accredited laboratory of analysis of the hazardous waste;
4. The occupier, exporting hazardous waste to any other country shall seek permission from the competent authority of that country prior to any shipment;
5. 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:

1. if it is without prior permission of the Central Government; or
2. if the permission has been obtained through falsification, mis- representation or fraud; or
3. it does not conform to the shipping details provided in the document;

1. shall be shipped back within thirty days either to the exporter or to the exporting country;

2. shall be disposed of within thirty days from the date of off-loading subject to inability to comply with Sub-rule 2(i) above.

1. 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 in question is safely stored and shipped or disposed off in an environmentally 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.

1. 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 improper handling and disposal of hazardous waste listed in schedule 1, 2 and 3;

1. The occupier and operator of a facility shall also be liable to reinstate or restore damaged or destroyed elements of the environment;
2. 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.

1. 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;
2. 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 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. 1. 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.

14. In Form 1 of the said rules, at the bottom of item 8, the following words shall be inserted, –

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 –

17. In Form 4 of the said rules, at the bottom of item 3, the following words shall be inserted, –

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, –