Hazardous Waste (Management and Handling) Rules, 1989
The Central Government u/s 6, 8 & 25 of the Environment (Protection) Act made these rules effective from 28-7-1989.
They were amended in 1996, 2000, 2003 & 2004,2016 They have 21 rules, 8 schedules, and 13 forms. Application (R. 2) : These rules apply to hazardous wastes as specified in Schedules, but do not apply to Wastewater and exhaust gases, wastes arising out of operation from ships beyond 5 kilometers, radioactive wastes, biomedical wastes, municipal solid wastes, land acid batteries wastes as there are separate rules for them.
Definitions (R. 3) under Hazardous Wastes Management Rules
There are 36 definitions some of wich are as under:
Applicant means a person or organization that applies in Form I for granting authorization for the handling of hazardous waste.
Authorization means permission for the collection, transport, treatment, reception, storage and disposal of hazardous wastes granted by the competent authority in Form – 2.
Hazardous waste means any waste which by reasons of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include wastes listed in Sch. 1, 2 & 3.
Disposal means a deposit, treatment, recycling, and recovery of any hazardous wastes.
Facility means a location wherein the processes incidental to the waste generation, collection, reception, treatment, storage, and disposal are carried out.
Hazardous Wastes Site means a place duly approved by the competent authority for collection reception, treatment, storage and disposal of hazardous wastes.
The operator of a facility means an owner or operator of the facility defined above.
The occupier generating hazardous wastes listed in the Schedules 1, 2 & 3 shall take all practical steps for safe disposal of the wastes either himself or through an operator of a facility. The occupier should supply specified (Safety) information to the operator of a facility (R. 4).
Application for authorization in Form-I by the occupier or a facility operator and grant of such authorization with conditions in Form-2 after satisfying that they possess appropriate facilities, technical capabilities, and equipment to handle the wastes safely. Such authorization lasts for validity specified by SPCB unless sooner suspended or canceled and then needs renewal in Form-I. It can be refused also (R. 5).
If the conditions are not fulfilled the granted authorization can be canceled or suspended by the State Pollution Control Board or Committee after a show cause notice and subsequent instruction for the safe storage of the hazardous wastes (R. 6).
Packing, labeling, and transport of such wastes should be in accordance with the Motor Vehicle Act and rules made thereunder and in a condition to withstand physical and climatic factors. Label as in Form 8 necessary (R. 7).
The occupier or operator of the facility shall identify wastes disposal site. EIA and a public hearing are necessary (R. 8).
Design and operation of the landfill site shall be as approved by SPCB (R. 8A & B).
The occupier generating waste and operator of a facility shall maintain records in Form-3 and shall send annual returns in Forms-4.(R. 9).
Any accident during transport or at the facility shall be reported immediately to the State Pollution Control Board or Committee in Forms – 5. (R. 10).
Import and export of hazardous wastes specified in Sch. 8 are not permitted for dumping and disposal. It may be permitted for processing or re-use as raw material and after getting necessary information in Form 6 & 6A from the exporter and importer both and after examining each case on merit. The importer shall maintain the record in Form-7 A and allow inspection by the authority (R. 11 & 12).
Rule 13 to 15 are also for import and export Rule 19 and 21 are for re-refining and recycling. R. 20 states responsibility of wastes generator.
An appeal shall lie before the State or Central Goverment depending on order and as provided in R. 18
Subjects of Schedules are as under:
|1||Process-wise list of hazardous wastes|
|2||Concentration wise list of hazardous wastes|
|3||List of wastes for import and export|
|4 & 6||Recycling of wastes|
|5||Re-refining of wastes|
|8||List of waste prohibited for import and export.|