Roop's Law Assist
Waitlist

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

rules · 1986 · State unknown

Download PDFParent ActBack to Subordinates
Parent: THE ENVIRONMENT (PROTECTION) ACT, 1986 (018afec0d2f70a0c9774147226d14996ced132c4)

Text

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi; the 04th April; 2016 G.S.R No. 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 Change vide number G.S.R. 582(E), dated the 24th July, 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 24th day 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 Government; NOW_ THEREFORE; in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act; 1986 (29 of 1986) , and in supersession of the Hazardous Wastes (Management; Handling and Transboundary Movement) Rules, 2008, except as respects things done or omitted to be done before such supersession; the Central Government hereby makes the following rules, namely:- CHAPTER I PRELIMINARY 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: 2. Application: These

Rule TOC

1 · Short title and commencement: (1) These rules may be called the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
10 ·
11 ·
12 ·
13 ·
14 ·
15 ·
16 ·
17 ·
18 ·
19 ·
20 ·
21 ·
22 ·
23 ·
24 ·
25 ·
26 ·
27 · .
28 ·
29 ·
30 ·
31 ·
32 ·
33 ·
34 ·
35 ·
36 ·
37 · .
38 ·
39 ·
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:
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.
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:
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:
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 IIl shall apply in Form 5 along 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 IIl waste, and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board for information and the acknowledgement 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.
15 · Illegal traffic - (1) The export and import of hazardous or other wastes from and into India; respectively shall be deemed illegal, if; it is without permission of the Central Government in accordance with these rules; or 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
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.
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 labelling shall be done as per Form 8
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:
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 in Form 10 comprising of colour code indicated below and all seven copies shall be signed by the sender:
20 · Records and returns - (1) The occupier handling hazardous or other wastes and operator of disposal facility shall maintain records of such operations in Form 3.
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.
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 in Form 11.
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 in Form 12 to the Appellate Authority, namely, the Environment Secretary of the State.
1 · 6 Spent catalyst and molecular sieves 1.7 Oil from wastewater treatment Crude oil and natural gas 2.1 Drill cuttings excluding those from water production based mud p2.2 Sludge containing oil 2.3 Drilling_mud containing_oil Cleaning; emptying and {3.1 cargo residue, washing water and sludge maintenance of petroleum oil containing oil storage tanks including ships 13.2 cargo residue and sludge containing chemicals 13.3 Sludge and filters contaminated with oil 13.4 Ballast water containing oil from ships Petroleum refining or re- 4.1 Oil sludge or emulsion processing of used oil or recycling /.2 Spent catalyst of waste oil 4.3 Slop oil 4.4 Organic residue from processes 4.5 Spent clay containing oil_ Industrial operations using mineral J5.1 Used or spent oil or synthetic oil as lubricant in /5.2 Wastes or residues containing oil hydraulic systems or other /5.3 Waste cutting oils applications Secondary production and or 66.1 Sludge and filter press cake arising out of industrial use of zinc production of Zinc Sulphate and other Zinc Compounds: 66.2 Zinc fines or dust or ash or skimmings in dispersible form 66.3 Other residues from processing of zinc ash or skimmings J6.4 Flue gas dust and other particulates_ Primary production of zinc or lead 17.1 Flue gas dust from roasting or copper and other non-ferrous /7.2 Process residues metals except aluminium 7.3 Arsenic-bearing sludge /7.4 Non-ferrous metal bearing sludge and residue. 5 Sludge from scrubbers Secondary production of copper 18.1 Spent electrolytic solutions J8.2 Sludge and filter cakes 18.3 Flue gas dust and other particulates Secondary production of lead 19_ 1 Lead bearing residues 19.2 Lead ash or particulate from flue gas 19.3_Acid from used batteries Production andlor industrial use of 10.1 Residues containing cadmium and arsenic cadmium and arsenic and their compounds Production of primary and 11.1 Sludges from off-gas treatment secondary aluminum 1.2 Cathode residues including pot lining wastes 11.3 Tar containing wastes 11.4 Flue gas dust and other particulates 11.5 Drosses and waste from treatment of salt sludge
11 ·
3 · 11.6 Used anode butts 1.7 Vanadium sludge from alumina refineries Metal surface treatment; such as 12.1 Acidic and alkaline residues etching; staining; polishing; 12.2 Spent acid and alkali galvanizing; cleaning; degreasing; 12.3 Spent bath and sludge containing sulphide, plating, etc. cyanide and toxic metals 12.4 Sludge from bath containing organic solvents 12.5 Phosphate sludge 2.6 Sludge from staining bath 2.7 Copper etching residues 12.8 Plating metal sludge Production of iron and steel 13.1 Spent pickling liquor including other ferrous alloys 13.2 Sludge from acid recovery unit (electric furnace; steel rolling and 13.3 Benzol acid sludge finishing mills; Coke oven and by 13.4 Decanter tank tar sludge products plant) 13.5 Tar storage tank residue 13.6 Residues from coke oven by product plant Hardening of steel 14.1 Cyanide- , nitrate- , or nitrite ~containing sludge 14.2 Spent hardening salt Production of asbestos or 15.1 Asbestos-containing residues asbestos-containing materials 15.2 Discarded asbestos 15.3 Dust or particulates from exhaust gas treatment. Production of caustic soda and 16.1 Mercury bearing sludge generated from chlorine mercury cell process 16.2 Residue or sludges and filter cakes 16.3 Brine sludge Production of mineral acids 17.1 Process acidic residue, filter cake, dust 172 Spent catalyst_ Production of nitrogenous and 18.1 Spent catalyst complex fertilizers 18.2 Carbon residue 18.3 Sludge or residue containing arsenic 8.4 Chromium sludge_from water_cooling_tower Production of phenol 19.1 Residue or sludge containing phenol 19.2 Spent catalyst Production andlor industrial use of p20.1 Contaminated aromatic, aliphatic or solvents napthenic solvents may or may not be fit for reuse. p20.2 Spent solvents p20.3 Distillation residues 20.4 Process_Sludge_ Production andlor industrial use of 221.1 Process wastes, residues and sludges paints, pigments, lacquers, /21.2 Spent solvent varnishes and inks_ Production of plastics 22.1 Spent catalysts 22.2 Process residues Production and /or industrial use p3.1 Wastes or residues (not made with of glues; organic cements; vegetable or animal materials)
12 ·
13 ·
14 ·
15 ·
16 ·
17 ·
18 ·
19 ·
21 · .
23 ·
24 · 25.
26 ·
35 ·
36 ·
37 ·
5 · 0
5 · 0 10.0 0.2 1.0 5.0 50 20 1000.0 5.0 0.7 0.5 7.5 400.0 2.0 0.13 0.5 0.001 6.0 10.0 0.5 100.0 6.0 200.0 10.0 0.13 0.5 3.0 200.0 5.0 2.0 100.0 5.0 0.7 0.5
3 · 0.2 1.0 10.0 2.0 0.001 0.2 0.004 12.5 0.03 9.0 0.004 0.04 0.02 0.3 0.008 0.9 0.4 19 09 0_ 0.1 02 0.5 15 0.75 5.0 80.0 25.0 350 20.0 7.0 24.0 250 180.0 0.14 0.1
0 · 8 2.1 2.1 5.0 0.001
2 · 3 4_ 5_ 6_ 7 . 8_ 9_ 10_
14 · 15_ 16. 17. 18_ 19_ 20_ 21 _ 22 23_ 24_ 25. 26_ 27_ 28. 29_ 30_ 31 _ 32_
36 · 37 38_ 39_ 40_ 41_ 42
2 · Molybdenum; tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder) , excluding such wastes as specified in Part A under entry A1050,Galvanic sludges Scrap assemblies from electrical power generation not contaminated with lubricating oil,PCB or PCT to an extent to render them hazardous Mixed non-ferrous metal; heavy fraction scrap, containing cadmium, antimony, lead & tellurium mentioned in Schedule IL in concentrations sufficient to exhibit Part C characteristics Waste selenium and tellurium in metallic elemental form including_powder Waste of copper and copper alloys in dispersible form, unless they contain any of the constituents mentioned in Schedule Ilto an extent that they exhibit Part C characteristics Zinc ash and" residues including zinc alloys residues in dispersible form unless they contain any of the constituents mentioned in Schedule Il in concentration such as to exhibit Part C characteristics Waste batteries conforming to a standard battery specification, excluding those made with lead, cadmium or mercury Metal bearing wastes arising from melting; smelting and refining of metals: Slags from copper processing for further processing or retining containing_arsenic,lead or cadmium Slags_from precious metals processing_for further refining_ Wastes of refractory linings, including crucibles, originating from copper smelting Tantalum-bearing tin slags with less than 0.5% tin Used Electrical and electronic assemblies other than those listed in Part D of Schedule III Electronic assemblies consisting only of metals or alloys
18 ·
19 · 20_
2 · 3_ 4_ 5_
4000 · ppm <2 ppm 4.5% 1%
3 · (iv) Inspection of facilities handling hazardous waste as and when necessary: (v) Sector specific documentation to identify waste for inclusion in these rules: (vi) Prepare and update guidelines to prevent or minimise the generation and handling of hazardous and other wastes: kvii) Prepare and update guidelinesl Standard Operating Procedures (SoPs) for recycling; utilization, pre-processing; co-processing of hazardous and other wastes: (viii) To prepare annual review report on management of hazardous waste. (ix) Any other function assigned by the Ministry of Environment; Forest and Climate Change,from time to time State GovernmentIUnion Identification of site (s) for common Territory Hazardous and Other Waste Treatment Government/Administration Storage and Disposal Facility (TSDF) (ii) Asses Environment Impact Assessment (EIA) reports and convey the decision of approval of site or otherwise Acquire the site or inform operator of facility or occupier or association of occupiers to acquire the site Notification of sites iv) Publish periodically an inventory of all potential'or existing disposal sites in the State_or Union Territory_ State Pollution Control Boards or Inventorisation of hazardous and other Pollution Control Committees wastes constituted under the Water Grant and renewal of authorisation (Prevention and Control of Monitoring of compliance of various Pollution) Act; 1974 provisions and conditions of permission including conditions of permission for issued by Ministry of Environment; Forest and Climate Change for exports and imports (iv) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment; Forest and Climate Change Implementation of programmes to prevent or reduce or minimise the generation of hazardous and other wastes: (vi) Action against violations of these rules: Kvii) Any other function under these Rules assigned by Ministry of Environment; Forest and Climate Change from time to time: Directorate General of Foreign (i) Grant of_licence_for_import of hazardous
1 · (a) Name and address of the unit and location of facility (b) Name of the occupier of the facility or operator of disposal facility with designation; Tel, Fax and e-mail: (c) Authorisation required for (Please tick mark appropriate activity or activities: Generation Collection (iii) Storage ( Transportation Reception (vi) Reuse (vii) Recycling (viii) Recovery (ix) Pre-processing (x) Co-processing (xi) Utilisation (xii) Treatment (xiii) Disposal (xiv) Incineration
2 · (a) Nature and quantity of waste handled per annum (in metric tonne or kilo litre) (b) Nature and quantity of waste stored at any time (in metric tonne or kilo litre)
3 · (a) Year of commissioning and commencement of production: (b) Whether the industry works: 01 Shift 02 Shifts iii) Round the clock
4 · Provide copy of the Emergency Response Plan (ERP) which should address procedures for dealing with emergency situations (viz. Spillage or release or fire) as specified in the guidelines of Central Pollution Control Board. Such ERP shall comprise the following, but not limited to: Containing and controlling incidents SO as to minimise the effects and to limit danger to the persons, environment and property; Implementing the measures necessary to protect persons and the environment; Description of the actions which should be taken to control the conditions at events and to limit their consequences, including a description of the safety equipment and resources available; Arrangements for training staff in the duties which they are expected to perform;
5 · Provide undertaking or declaration to comply with all provisions including the scope of submitting bank guarantee in the event of spillage, leakage or fire while handling the hazardous and other waste.
1 · (a) Products and by-products manufactured (names and product wise quantity per annum): (b) Process description including process flow sheet indicating inputs and outputs (raw materials, chemicals, products, by-products, wastes, emissions, waste water etc ) Please attach separate sheets: (c) Characteristics (waste-wise) and Quantity of waste generation per annum: d) Mode of management of (c) above: Capacity and mode of secured storage within the plant; Mi Utilisation within the plant (provide details); Mi_ If not utilised within the plant, please provide details of what is done with this waste; iv. Arrangement for transportation to actual users/ TSDF;
2 · Hazardous and other wastes generated as per these rules from storage of hazardous chemicals as defined under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
1 · Provide details of the facility including: Location of site with layout map; Safe storage of the waste and storage capacity; The treatment processes and their capacities; (iv) Secured landfills; Incineration, if any; Leachate collection and treatment system; (vii) Fire fighting systems; (viii) Environmental management plan including monitoring; and (ix) Arrangement for transportation of waste from generators.
2 · Provide details of any other activities undertaken at the Treatment; storage and disposal facility site.
3 · Attach a copy of prior Environmental Clearance.
1 · Nature and quantity of different wastes received per annum from domestic sources or imported or both:
2 · Installed capacity as per registration issued by the District Industries Centre or any other authorised Government agency. Provide copy:
3 · Provide details of secured storage of wastes including the storage capacity: 4_ Process description including process flow sheet indicating equipment details, inputs and outputs (input wastes; chemicals, products, by-products, waste generated, emissions, waste water, etc:) . Attach separate sheets:
5 · Provide details of end users of products or by-products:
6 · Provide details of pollution control systems such as Effluent Treatment Plant, scrubbers, etc. including mode of disposal of waste:
7 · Provide details of occupational health and safety measures: 8. Has the facility been set up as per Central Pollution Control Board guidelines? If yes, provide a report on the compliance with the guidelines:
1 · 2. 3
7 · _
1 · 2. 3_
4 · Date wise description of management of hazardous and other wastes including products sent and to whom in case of recyclers or pre-processor or utiliser: 5_ Date of environmental monitoring (as per authorisation or guidelines of Central Pollution Control Board):
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:
1 · Total quantity of waste generated category wise
2 · Quantity dispatched to disposal facility to recycler or co-processors or pre-processor others
3 · Quantity utilised in-house, if any
1 · Total quantity received
2 · Quantity in stock at the beginning of the year
3 · Quantity treated
5 · Quantity incinerated (if applicable) 6_ Quantity processed other than specified above
7 · Quantity in storage at the end of the year
1 · Quantity of waste received during the year domestic sources imported (if applicable)
2 · Quantity in stock at the beginning of the year
6 · Quantity of waste disposed
7 · Quantity re-exported (wherever applicable)- 8_ Quantity in storage at the end of the year
9 · Undertaking hereby solemnly undertake that: The information is complete and correct to the best of my knowledge and legally- enforceable written contractual obligations have been entered into and that my applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement: (ii) The waste permitted shall be fully insured for transit as well as for any accidental occurrence and its clean-up operation. 58
12 ·
15 ·
16 ·
17 ·
4 · 5_
2 · 3_ 4_
12 · Physical form
16 · Receiver's certification for_receipt of hazardous and other waste_ Name and stamp: Signature: Month Day
1 · 2. 3. 4_
3 · 4. 5.