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

1 · Short title and commencement: (1) These rules may be called the E-Waste (Management) Rules, 2016. (2) They shall come into force from the 1st day of October, 2016.

2 · Application: These rules shall apply to every manufacturer, producer, consumer; bulk consumer, collection centres, dealers, e-retailer , refurbisher, dismantler and recycler involved in manufacture, sale , transfer, purchase, collection; storage and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational but shall not apply to

3 · Definitions: (1) In these rules; unless the context otherwise requires,

4 · Responsibilities of the manufacturer. (1) collect e-waste generated during the manufacture of any electrical and electronic equipment and channelise it for recycling or disposal; (2) apply for an authorisation in Form 1 (a) in accordance with the procedure prescribed under sub-rule (2) of rule 13 from the concerned State Pollution Control Board, which shall give the authorisation in accordance with Form (bb); (3) ensure that no damage is caused to the environment during storage and transportation of e-waste; 4) maintain records of the e-waste generated, handled and disposed in Form-2 and make such records available for scrutiny by the concerned State Pollution Control Board; 5) file annual returns in Form-3, to the concerned State Pollution Control Board on or before the 3Oth day of June following the financial year to which that return relates

5 · Responsibilities of the producer: The producer of electrical and electronic equipment listed in Schedule shall be responsible for

6 · Responsibilities of collection centres. (1) collect e-waste on behalf of producer or dismantler or recycler or refurbisher including those arising from orphaned products; Provided the collection centres established by producer can also collect e-waste on behalf of dismantler ,; refurbisher and recycler including those arising from orphaned products (2) ensure that the facilities are in accordance with the standards or guidelines issued by Central Pollution Control Board from time to time; (3) ensure that the e-waste collected by them is stored in a secured manner till it is sent to authorised dismantler or recycler as the case may be; 4) ensure that no damage is caused to the environment during storage and transportation of e-waste; (5) maintain records in Form-2 of the e-waste handled as per the guidelines of Central Pollution Control Board and make such records available for scrutiny by the Central Pollution Control Board or the concerned State Pollution Control Board as and when asked for.

7 · Responsibilities of dealers: (1) in the case the dealer has been given the responsibility of collection on behalf of the producer; the dealer shall collect the e- waste by providing the consumer a box, bin or a demarcated area to deposit e- waste , or through take back system and send the e-waste so collected to collection centre or dismantler or recycler as designated by producer; (2) the dealer or retailer or e-retailer shall refund the amount as per take back system or Deposit Refund Scheme of the producer to the depositor of e-waste; (3) every dealer shall ensure that the e-waste thus generated is safely transported to authorised dismantlers or recyclers; (4) ensure that no damage is caused to the environment during storage and transportation of e-waste.

8 · Responsibilities of the refurbisher: (1) collect e-waste generated during the process of refurbishing and channelise the waste to authorised dismantler or recycler through its collection centre; (2) make an application in Form 1(a) in accordance with the procedure laid down in sub-rule (4) of rule 13 to the concerned State Pollution Control Board for grant of one time authorisation; (a) the concerned State Pollution Control Board shall authorise the Refurbisher on one time basis as per Form (bb) and authorisation would be deemed as considered if not objected to within a period of thirty days; (b) the authorised Refurbisher shall be required to submit details of e-waste generated to the concerned State Pollution Control Board on yearly basis; (3) ensure that no damage is caused to the environment during storage and transportation of e-waste; (4) ensure that the refurbishing process do not have any adverse effect on the health and the environment;

10 · Responsibilities of the dismantler: (I)ensure that the facility and dismantling processes are in accordance with the standards or guidelines prescribed by Central Pollution Control Board from time to time; (2) obtain authorisation from the concerned State Pollution Control Board in accordance with the procedure under sub-rule (3) of rule 13; (3) ensure that no damage is caused to the environment during storage and transportation of e-waste; (4) ensure that the dismantling processes do not have any adverse effect on the health and the environment; (5) ensure that dismantled e-waste are segregated and sent to the authorised recycling facilities for recovery of materials; (6) ensure that non-recyclable or non-recoverable components are sent to authorised treatment storage and disposal facilities; (7) maintain record of e-waste collected, dismantled and sent to authorised recycler in Form-2 and make such record available for scrutiny by the Central Pollution Control Board or the concerned State Pollution Control Board; (8) file a return in Form-3, to the concerned State Pollution Control Board as the case may be, on or before 301 th day of June following the financial year to which that return relates; (9) not process any e-waste for recovery or refining of materials; unless he is authorised with concerned State Pollution Control Board as a recycler for refining and recovery of materials; (10) operation without Authorisation by any dismantler, as defined in this rule, shall be considered as causing damage to the environment: 8

11 · Responsibilities of the recycler. (1) shall ensure that the facility and recycling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board from time to time; (2) obtain authorisation from concerned State Pollution Control Board in accordance with the procedure under the sub-rule (3) of rule 13, (3) ensure that no damage is caused to the environment during storage and transportation of e-waste; (4) ensure that the recycling processes do not have any adverse effect on the health and the environment; (5) make available all records to the Central Pollution Control Board or the concerned State Pollution Control Board for inspection; (6) ensure that the fractions or material not recycled in its facility is sent to the respective authorised recyclers; (7) ensure that residue generated during recycling process is disposed of in an authorised treatment storage disposal facility; (8) maintain record of e-waste collected, dismantled, recycled and sent to authorised recycler in Form-2 and make such record available for scrutiny by the Central Pollution Control Board or the concerned State Pollution Control Board; (9) file annual returns in Form-3, to the concerned State Pollution Control Board as the case may be, on or before 30th day of June following the financial year to which that return relates; (10)= may accept waste electrical and electronic equipment or components not listed in Schedule for recycling provided that they do not contain any radioactive material and same shall be indicated while taking the authorisation from concerned State Pollution Control Board; (11)operation without Authorisation by any recycler, as defined in this rule, shall be considered as causing damage to the environment:

12 · Responsibilities of State Government for environmentally sound management of E-waste. (1) Department of Industry in State or any other government agency authorised in this regard by the State Government; to ensure earmarking or allocation of industrial space or shed for e-waste dismantling and recycling in the existing and upcoming industrial park; estate and industrial clusters;

13 · Procedure for Seeking and Grant of Authorisation:

14 · Power to suspend or cancel an authorisation - (1) The State Pollution Control Board may; if in its opinion, the holder of Manufacturer or Dismantler or Recycler or Refurbisher Authorisation has failed to comply with any ofthe conditions of the authorisation or with any provisions of the Act or these rules and after giving a reasonable opportunity of being heard and after recording reasons thereof in writing 13

15 · Procedure for storage of e-waste. Every manufacturer , producer; bulk consumer; collection centre, dealer, refurbisher; dismantler and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of collection, sale, transfer and storage of wastes and make these records available for inspection:

16 · Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares: (1) Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule shall ensure that; new Electrical and Electronic Equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium; polybrominated biphenyls and polybrominated 'diphenyl ethers beyond a maximum concentration value of 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01% by weight in homogenous materials for cadmium: (2) Components or consumables or parts or spares required for the electrical and electronic equipment placed in the market prior to 1st May, 2014 may be exempted from the provisions of sub-rule (1) of rule 16 provided Reduction of Hazardous Substances compliant parts and spares are not available. (3) The applications listed in Schedule Il shall be exempted from provisions of sub- rule (1) of rule 16. 14

17 · Duties of authorities: Subject to other provisions of these rules, the authorities shall perform duties as specified in Schedule IV.

18 · Annual Report: (1) The concerned State Pollution Control Board shall prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of these rules by the 30t th day of September every year in Form-5. (2) The Central Pollution Control Board shall prepare the consolidated annual review report on management of e-waste and forward it to the Central Government along with its recommendations before the 30th day of December every year:

19 · Transportation of e-waste: ~The transportation of e-waste shall be carried out as per the manifest system whereby the transporter shall be required to carry a document (three copies) prepared by the sender, giving the details as per Form-6:

20 · Accident reporting:- Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer; refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the accident through telephone and e-mail.

21 · Liability of manufacturer; producer; importer, transporter; refurbisher; dismantler and recycler:- (1) The manufacturer, producer, importer, transporter , refurbisher, dismantler and recycler shall be liable for all damages caused to the environment or third party due to improper handling and management of the e-waste;

22 · Appeal- (1) Any person aggrieved by an order of suspension or cancellation or refusal of authorisation or its renewal passed by the Central Pollution Control Board or State Pollution Control Board may; within a period of thirty days from the date on which the order is communicated to him, prefer a appeal in Form 7 to the Appellate Authority comprising of the Environment Secretary of the State.

23 · The collection; storage, transportation, segregation, refurbishment; dismantling; recycling and disposal of e-waste shall be in accordance with the procedures prescribed in the guidelines published by the Central Pollution Control Board from time to time. Implementation of e-waste (Management and Handling) Amendment Rules, 2011 shall be in accordance with the guidelines prescribed by the Central Pollution Control Board from time to time:

24 · Urban Local Bodies (Municipal Committee or Council or Corporation) shall ensure that e-waste pertaining to orphan products is collected and channelised to authorised dismantler or recycler.

155 · W <P <405 W 40 mg

8 · Details of proposed awareness programmes:

9 · Details for Reduction of Hazardous Substances compliance (to be filled if applicable):

1 · Name and full address: 2. Contact Person with designation and contact details such as telephone Nos, Fax No. and E-mail: 3. Authorisation required for (Please tick mark appropriate activitylies" Generation during manufacturing or refurbishing* ii) Treatment; if any ii) Collection, Transportation, Storage (iv) Refurbishing

5 · Details of Facilities for storage/handling/treatmentlrefurbishing:

6 · In case of renewal of authorisation previous authorisation no. and date and details of annual returns:

1 · Number of Authorisation:

2 · MIs: is hereby granted Extended Producer Responsibility Authorisation based on: (a) overall Extended Producer Responsibility plan (b) proposed target for collection of e-waste

1 · (a) Authorisation no.

2 · of is hereby granted an authorisation for generation, storage, treatment, disposal of e-waste on the premises situated at. for the following: a. quantity of e-waste; b. nature of e-waste.

5 · The authorisation is subject to the conditions stated below and such conditions as may be specified in the rules for the time being in force under the Environment (Protection) Act; 1986.

1 · The authorisation shall comply with the provisions of the Environment (Protection) Act; 1986, and the rules made thereunder: 2. The authorisation or its renewal shall be produced for inspection at the request of an officer authorized by the concerned State Pollution Control Board: 3. Any unauthorised change in personnel, equipment as working conditions as mentioned in the application by the person authorized shall constitute a breach of his authorisation. 4_ It is the duty of the authorised person to take prior permission of the concerned State Pollution Control Board to close down the operations: 5_ An application for the renewal of an authorisation shall be made as laid down in sub-rule (vi) of rule 13(2).

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10 · Waste Management: a Waste generation in processing e-waste

11 · Details of e-waste proposed to be procured from Please provide details re-processing

12 · Occupational safety and health aspects 13. Details of Facilities for dismantling both manual as well as mechanised:

15 · Copy agreement with Producer

16 · Details of storage for dismantled e-waste

17 · Copy of agreement with Recycler 18. Details of Facilities for Recycling

19 · Copy of agreement with Collection Centre

20 · Copy agreement with Producer

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