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

237edb6f5dbcb0181a76914c6e71404ed4c5a3eb · 1986 · State unknown

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Parent: THE ENVIRONMENT (PROTECTION) ACT, 1986 (018afec0d2f70a0c9774147226d14996ced132c4)

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[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 04 th 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 24 th 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 24 th 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 Short title and commencement. -(1) These rules may be called the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 . They shall come into force on the date of their publication in the Official Gazette. Application . -T

Rule TOC

3 · Definitions . -(1) In these rules, unless the context otherwise requires,-

4 · Responsibilities of the occupier for management of hazardous and other wastes.-

5 · Responsibilities of State Government for environmentally sound management of hazardous and other wastes. – (1) Department of Industry in the 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 recycling, pre-processing and other utilisation of hazardous or other waste in the existing and upcoming industrial park, estate and industrial clusters;

6 · . Grant of authorisation for managing hazardous and other wastes . -(1) Every occupier of the facility who is engaged in handling, generation , collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilisation , offering for sale, transfer or disposal of the hazardous and other wastes shall be required to make an application in Form 1 to the State Pollution Control Board and obtain an authorisation from the State Pollution Control Board within a period of sixty days from the date of publication of these rules . Such application for authorisation shall be accompanied with a copy each of the following documents, namely:-

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.

8 · . Storage of hazardous and other wastes . -(1) The occupiers of facilities may store the hazardous and other wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilisation of such wastes and make these records available for inspection:

9 · . Utilisation of hazardous and other wastes. -(1) The utilisation of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use , including within the premises of the generator (if it is not part of process) , shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board .

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 III 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 III 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 .

14 · . Procedure for Export of hazardous and other wastes from India . -(1) Any occupier intending to export waste specified in Part A of Schedule III, Part B of Schedule III and Schedule VI , shall make an application in Form 5 along with insurance cover to the Ministry of Environment, Forest and Climate Change for the proposed transboundary movement of the hazardous and other wastes together with the prior informed consent in writing from the importing country in respect of wastes specified in Part A of Schedule III and Schedule VI .

15 · . Illegal traffic.- (1) The export and import of hazardous or other wastes from and into India, respectively shall be deemed illegal , if , -

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.

23 · . Liability of occupier , importer or exporter and operator of a disposal facility . -

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.

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):

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:

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:

3 · . ………………of ……………………….is hereby granted an authorisation based on the enclosed signed inspection report for generation, collection, reception, storage, transport, reuse, recycling, recovery, pre-processing, co-processing, utilisation, treatment, disposal or any other use of hazardous or other wastes or both on the premises situated at…………………………....

5 · . Date of environmental monitoring (as per authorisation or guidelines of Central Pollution Control Board):

4 · . Production during the year (product wise), wherever applicable

9 · . Undertaking