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TaxTMI 
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TaxTMI 
Implementation of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
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....of hazardous and other wastes from any country shall be permitted only for recycling, recovery, reuse and utilisation including co-processing. 4. The import of hazardous waste in Part A of Schedule Ill may be allowed to actual users with the prior informed consent of the exporting country and shall require the permission of the Ministry of Environment, Forest and Climate Change. 5. The import of other wastes in Part B of Schedule III may be allowed to actual users with the permission of the Ministry of Environment, Forest and Climate Change. 6, 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 Ministr....
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....the authorisation under the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, whichever applicable; (c) importer who is a trader, importing waste on behalf of actual users, shall obtain one time authorisation in Form 7 and copy of this authorisation shall be appended to Form 6. 11. Prior to clearing of consignment of wastes listed in Part D of Schedule III, the Custom authorities shall verify the documents as given in column (3) of Schedule VIII. 12. The import and export of hazardous and other wastes not specified in Schedule III, but exhibiting the hazardous characteristics outlined in Part C of Schedule III shall require prior written permission of the Ministry of Environment, Forest and Climate Change before it is imported to or exported from India, as the case may be. 13. No import of the hazardous and other wastes specified in Schedule VI shall be permitted. 14. The importer of the hazardous and other wastes shall maintain records of the hazardous and other waste imported by him in Form 3 and the record so maintained shall be made available for inspection. 15. The importer of the hazardous and other wastes shall file an annual return in Form ....
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.... in handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, coprocessing, 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 (04.04.2016). On receipt of an application complete in all respects for the authorisation, the State Pollution Control Board may, after such inquiry as it considers necessary, and on being satisfied that the applicant possesses appropriate facilities for collection, storage, packaging, transportation, treatment, processing, use, destruction, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal of the hazardous and other waste, as the case may be, and after ensuring technical capabilities and equipment complying with the standard operating procedure or other guidelines specified by the Central Pollution Control Board from time to time and through site inspection, grant w....
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....e, etc. Waste zinc residues not included in Part B, containing lead and cadmium in concentrations sufficient to exhibit hazard characteristics indicated in Part C Ashes from the incineration of insulated copper wire Dusts and residues from gas cleaning systems of copper smelters Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations Waste cupric chloride and copper cyanide catalysts not in liquid form note the related entry in Schedule VI Precious metal ash from incineration of printed circuit boards not included in Part B Waste lead acid batteries, whole or crushed Unsorted waste batteries excluding mixtures of only Part B batteries. Waste batteries not specified in Part B containing constituents mentioned in Schedule II to an extent to render them hazardous Wastes containing principally inorganic constituents, which may contain metals and organic materials Glass waste from cathode-ray tubes and other activated glasses Waste catalysts but excluding such wastes specified in Part B Wastes containing principally organic constituents, which may contain metals and inorganic materials A2 ....
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....and in the analysis of hazardous and other wastes (v) Take action against exporter or importer for violations under the Indian Ports Act. 1908 or Customs Act, 1962 SCHEDULE VIII [See rules 13(2) and 13 (4)] List of documents for verification by Customs for import of other wastes specified in Part D of Schedule lil Basel Description of other wastes S. No. No. (1) (2) (3) 1 B1010 List of Documents (4) Metal and metal-alloy wastes in (a) Duly filled up Form 6 - Movement metallic, non-dispersible form: Precious metals (gold, silver, platinum) - Iron and steel scrap Nickel scrap Aluminium scrap Zinc scrap w Tin scrap - Tungsten scrap Molybdenum scrap Tantalum scrap - Cobalt scrap Bismuth scrap Titanium scrap Zirconium scrap Manganese scrap Germanium scrap - Vanadium scrap Hafnium scrap Indium scrap Niobium scrap Rhenium scrap - Gallium scrap - Magnesium scrap Copper scrap -Chromium scrap document; (b) The import license from Directorate General of Foreign Trade, wherever applicable; (a) Pre-shipment inspection certificate issued by the inspection agency of the exporting country or the inspection and certification agency approved....
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....lysis report of the waste being imported; (h) An acknowledged copy of the annual return filed with concerned SPCB for import in the last financial year. Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal Used electrical and electronic and electronic assemblies imported for repair and (a) Duly filled up Form 6 Movement document; - Document 5 FORM 2 [See rule 6(2)] FORM FOR GRANT OR RENEWAL OF AUTHORISATION BY STATE POLLUTION CONTROL BOARD TO THE OCCUPIERS, RECYCLERS, REPROCESSORS, REUSERS, USER AND OPERATORS OF DISPOSAL FACILITIES 1. 2. 3. Number of authorisation and date of issue Reference of application (No. and date) _ 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....... Sl. No. Details of Authorisation Category of Authorised mode of Quantity Hazardous Waste....
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.... Contact person Tele, Fax and email Details of actual user (Name, Address, Telephone and email) Corresponding to applicant Ref. No., If any Bill of lading (attach copy) Country of import/export General description of waste (a) Quantity (b) Physical characteristics (c) Chemical composition of waste (attach details), where applicable (d) Basel No. (e) UN Shipping name (f) UN Class (g) UN No (h) H Number (1) Y Number (j) ITC (HS) (k) Customs Code (H.S.) (1) Other (specify) Type of packages Number Special handling requirements including emergency provision in case of accidents Movement subject to single/multiple consignment In case of multiple movement- (a) Expected dates of each shipment or expected frequency of the shipments (b) Estimated total quantity and quantities for each individual shipment Document 7 FORM 7 [See rule 13 (2) (c)] APPLICATION FORM FOR ONE TIME AUTHORISATION OF TRADERS FOR PART-D OF SCHEDULE III, WASTE [To be submitted by trader to the State Pollution Control Board] 1. Name and address of trader with Telephone, Fax Number and e-mail TIN/VAT Number/Import/Export | : Code Description and quantity of 2. 3. other waste to b....
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....om time to time; wastes arising out of the operation from ships beyond five kilometres of the relevant baseline as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder and as amended from time to time; Document 9 3. (d) (e) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder and as amended from time to time; bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act and as amended from time to time; and wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act and as amended from time to time. Definitions. (1) In these rules, unless the context otherwise requires,- "Act" means the Environment (Protection) Act, 1986 (29 of 1986); "actual user" means an occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, pre-processing, utilisation including co- processing; "authorisation" means permission for generation, handling, collection, reception, treatment, transport, ....
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....red to ensure that the hazardous and other wastes are managed in a manner which shall protect health and the environment against the adverse effects which may result from such waste; "environmentally sound technologies" means any technology approved by the Central Government from time to time; "facility" means any establishment wherein the processes incidental to the generation, handling, collection, reception, treatment, storage, reuse, recycling, recovery, pre- processing, co-processing, utilisation and disposal of hazardous and, or, other wastes are carried out; "Form" means a form appended to these rules; "hazardous waste" means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, and shall include- waste specified under column (3) of Schedule l; (ii) waste having equal to or more than the concentration limits specified for the constituents in class A and class B of Schedule II or any of the characteristics as specified in class C of Schedule II; an....
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....a under the jurisdiction of one country to or through an area under the jurisdiction of another country or to or through an area not under the jurisdiction of any country, provided that at least two countries are involved in the movement; "transport" means off-site movement of hazardous or other wastes by air, rail, road or water; "transporter" means a person engaged in the off-site transportation of hazardous or other waste by air, rail, road or water; "treatment" means a method, technique or process, designed to modify the physical, chemical or biological characteristics or composition of any hazardous or other waste so as to reduce its potential to cause harm; "used oil" means any oil- (i) (ii) derived from crude oil or mixtures containing synthetic oil including spent oil, used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil and their tank bottom sludges; and suitable for reprocessing, if it meets the specification laid down in Part A of Schedule V but does not include waste oil; "utilisation" means use of hazardous or other waste as a resource; Document 12 38. 39. "waste" means materi....
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....naging hazardous and other wastes to- Document 13 5. (a) contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and (b) provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety. 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; (2) Department of Labour in the State or any other government agency authorised in this regard by the State Government shall,- (a) ensure recognition and registration of workers involved in recycling, pre- processing and other utilisation activities; (b) assist formation of groups of such workers to facilitate setting up such facilities; (c) undertake industrial skill development activities for the workers involved in recycling,....
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....Handling and Transboundary Movement) Rules, 2008, shall not be required to make an application for authorisation till the period of expiry of such registration. (2) On receipt of an application complete in all respects for the authorisation, the State Pollution Control Board may, after such inquiry as it considers necessary, and on being satisfied that the applicant possesses appropriate facilities for collection, storage, packaging, transportation, treatment, processing, use, destruction, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal of the hazardous and other waste, as the case may be, and after ensuring technical capabilities and equipment complying with the standard operating procedure or other guidelines specified by the Central Pollution Control Board from time to time and through site inspection, grant within a period of one hundred and twenty days, an authorisation in Form 2 to the applicant, which shall be valid for a period of five years subject to such conditions as may be laid down therein. For commonly recyclable hazardous waste as given in Schedule IV, the guidelines already prepared by the Cent....
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....visions 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. (2) Upon suspension or cancellation of the authorisation, the State Pollution Control Board may give directions to the person whose authorisation has been suspended or cancelled for the safe storage and management of the hazardous and other wastes, and such occupier shall comply with such directions. 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: Provided that the State Pollution Control Board may extend the said period of ninety days in following cases, namely:- 9. (i) (ii) (iv) (v) small generators (up to ten tonnes per annum) up to one hundred and eighty days of their annual capacity; actual users and d....
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.... 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. CHAPTER III IMPORT AND EXPORT OF HAZARDOUS AND OTHER WASTES 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. (2) The import of hazardous and other wastes from any country shall be permitted only for recycling, recovery, reuse and utilisation including co-processing. (3) The import of hazardous waste in Part A of Schedule III may be allowed to actual users with the prior informed consent of the exporting country and shall require the permission of the Ministry of Environment, Forest and Climate Change. (4) The import of other wastes in Part B o....
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....dule VIII (Basel No. B1110), there is no specific requirement of documentation under these rules: (a) the import license from Directorate General of Foreign Trade, if applicable; (b) the valid consents under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981)and the authorisation under these rules as well as the authorisation under the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, whichever applicable; (c) importer who is a trader, importing waste on behalf of actual users, shall obtain one time authorisation in Form 7 and copy of this authorisation shall be appended to Form 6. (3) For Part B of Schedule III, in case of import of any used electrical and electronic assemblies or spares or part or component or consumables as listed under Schedule I of the E- Waste (Management and Handling) Rules, 2011, as amended from time to time, the importer need to obtain extended producer responsibility-authorisation as producer under the said E- Waste (Management and Handling) Rules, 2011. (4) Prior to clearing of consignment of wastes listed in Part D of Sche....
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....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. (2) On receipt of an application under sub-rule (1), the Ministry of Environment, Forest and Climate Change may give permission for the proposed export within a period of sixty days from the date of submission of complete application and may impose such conditions as it may consider necessary. (3) The Ministry of Environment, Forest and Climate Change shall forward a copy of the permission granted under sub-rule (2) to the State Pollution Control Board of the State where the waste is generated and the Pollution Control Board of the State where the port of export is located and the concerned Port and Customs authorities for ensuring compliance of the conditions of the export permission. (4) The exporter shall ensure that no consignment is shipped before the prior informed consent is received from the importing country, wherever applicable. (5) The exporter shall also ensure that the shipment is accompanied with m....
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....recycling, utilisation including co- processing or disposal through a State other than the States of origin and destination, the sender shall give prior intimation to the concerned State Pollution Control Board of the States of transit before handing over the wastes to the transporter. (6) In case of transportation of hazardous and other waste, the responsibility of safe transport shall be either of the sender or the receiver whosoever arranges the transport and has the necessary authorisation for transport from the concerned State Pollution Control Board. This responsibility should be clearly indicated in the manifest. (7) The authorisation for transport shall be obtained either by the sender or the receiver on whose behalf the transport is being arranged. 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: Document 20 Copy number with colour code (1) Copy 1 (White) Copy 2 (Yellow) Copy 3 (Pink) Copy 4 (Orange) Copy 5 (Green) Copy ....
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....ed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year. The State Pollution Control Board shall also prepare the inventory of hazardous waste generators, actual users, and common and captive Document 21 disposal facilities and shall submit the information to Central Pollution Control Board every two years. (4) The Central Pollution Control Board shall prepare the consolidated review report on management of hazardous and other wastes and forward it to the Ministry of Environment, Forest and Climate Change, along with its recommendations before the 30th day of December once in every year. 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-ma....