TaxTMI 
TaxTMI 
Implementation of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
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....country to India for disposal shall be permitted. The import 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 concer....
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....Control of Pollution) Act, 1981 (21 of 1981)and the authorisation under these rules (refer Para 24 below) 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. 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 maintai....
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....intained shall be available for inspection. 24. Grant of authorisation for hazardous and other wastes.- Every occupier of the facility who is engaged 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 th....
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....ntimony compounds Cadmium, cadmium compounds Lead, lead compounds Tellurium, tellurium compounds Waste having metal carbonyls as constituents Galvanic sludges Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, 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 const....
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....azardous and other and Regulation) Act, 1992 wastes prohibited for imports and export Verify the documents 6. Port authority under Indian Ports Act, 1908 (15 of 1908) and Customs Authority under the Customs Act, 1962 (52 of 1962) (i) (ii) (iii) Inform the Ministry of Environment, Forests and Climate Change of any illegal traffic Analyse wastes permitted for imports and exports, wherever required. (iv) Train officials on the provisions of these rules 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 scr....
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....ned SPCB is required; (d) The chemical analysis report of the waste being imported; (e) An acknowledged copy of the annual return filed with concerned SPCB for import in the last financial year. (c) Duly filled up Form 6 - Movement document; (d) The import license from Directorate Trade, General of Foreign wherever applicable; (e) Pre-shipment inspection certificate issued by the inspection agency of the exporting country or the inspection and certification agency approved by Directorate General of Foreign Trade; (f) The valid consents to operate under the Air and Water Acts and the authorisation under these rules, for actual users. For traders, only valid authorisation from concerned SPCB is required; (g) The chemical analysis 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 e....
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....Central Pollution Control Board guidelines on "Implementing Liabilities for Environmental Damages due to Handling and Disposal of Hazardous Waste and Penalty It is the duty of the authorised person to take prior permission of the State Pollution Control Board to close down the facility. The imported hazardous and other wastes shall be fully insured for transit as well as for any accidental occurrence and its clean-up operation. Document 6 S.No FORM - 6 [See rules 13(2), 13 (10) and 14 (5)] TRANSBOUNDARY MOVEMENT- MOVEMENT DOCUMENT Description Details to be furnished by the exporter or importer (1) (2) 1 Exporter (Name and Address) Contact Person Tele, Fax and email 2. 3. 4. 5678 5. 6. 7. 8. 9. 10. 11. Generator(s) of the waste (Name and Address)" Contact Person Tele, Fax and email Site of generation Importer or Actual user (Name and Address) Contact person Tele, Fax and email Trader (Name and Address) Contact person Tele, Fax and email Details of actual user (Name, Address, Telephone and email) Corresponding to applicant Ref. No., If any Bill of ladi....
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.... 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 rules shall apply to the management of hazardous and other wastes as specified in the Schedules to these rules but shall not apply to - (a) (b) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder and as....
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....association of occupiers that shall be used as common facility by multiple occupiers or actual users for treatment, storage and disposal of the hazardous and other wastes; "co-processing" means the use of waste materials in manufacturing processes for the purpose of energy or resource recovery or both and resultant reduction in the use of conventional fuels or raw materials or both through substitution; "critical care medical equipment" means life saving equipment and includes such equipment as specified by the Ministry of Health and Family Welfare from time to time; "disposal" means any operation which does not lead to reuse, recycling, recovery, utilisation including co-processing and includes physico-chemical treatment, biological treatment, incineration and disposal in secured landfill; Document 10 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 23 "export", with its grammatical variations and cognate expressions, means taking out of India to a place outside India; "exporter" means any person or occupier under the jurisdiction of the exporting country who exports hazardous or other wastes,....
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....astes; "other wastes" means wastes specified in Part B and Part D of Schedule Ill for import or export and includes all such waste generated indigenously within the country; Document 11 24. 24 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35 35. 36. 37. "pre-processing" means the treatment of waste to make it suitable for co-processing or recycling or for any further processing; "recycling" means reclamation and processing of hazardous or other wastes in an environmentally sound manner for the originally intended purpose or for other purposes; "reuse" means use of hazardous or other waste for the purpose of its original use or other use; "recovery" means any operation or activity wherein specific materials are recovered; "Schedule" means a Schedule appended to these rules; “State Government" in relation to a Union territory means, the Administrator thereof appointed under article 239 of the Constitution; "State Pollution Control Board" means the State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and include....
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....lations or ships and can be used as fuel in furnaces for energy recovery, if it meets the specifications laid down in Part-B of Schedule V either as such or after reprocessing. (2) Words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act. 4. CHAPTER II PROCEDURE FOR MANAGEMENT OF HAZARDOUS AND OTHER WASTES Responsibilities of the occupier for management of hazardous and other wastes.- (1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:- (a) prevention; (b) minimization; (c) reuse, (d) recycling; (e) recovery, utilisation including co-processing; (f) safe disposal. (2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes. (3) The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility. (4) The hazardous and other wastes shall be transported from an occupier's establishment to an authorised actua....
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....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:- (a) consent to establish granted by the State Pollution Control Board 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); (b) Consent to operate granted by the State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and/or Air (Prevention and Control of Pollution) Act, 1981, (21 of 1981); (c) in case of renewal of authorisation, a self-certified compliance report in respect of effluent, emission standards and the conditions specified in the authorisation for hazardous and other wastes: Provided that an application for renewal of authorisation may be made three months before the expiry of such authorisation: P....
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....ransportation, treatment, processing, use, destruction, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal of the hazardous and other wastes and compliance to the guidelines or standard operating procedures specified by the Central Pollution Control Board from time to time. (4) The State Pollution Control Board may, for the reasons to be recorded in writing and after giving reasonable opportunity of being heard to the applicant, refuse to grant any authorisation under these rules. (5) Every occupier authorised under these rules, shall maintain a record of hazardous and other wastes managed by him in Form 3 and prepare and submit to the State Pollution Control Board, an annual return containing the details specified in Form 4 on or before the 30th day of June following the financial year to which that return relates. (6) The State Pollution Control Board shall maintain a register containing particulars of the conditions imposed under these rules for management of hazardous and other wastes and it shall be open for inspection during office hours to any interested or affected person. (7) Th....
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....dous 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. (2) Where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall be granting approval on the basis of trial runs and thereafter, standard operating procedures or guidelines shall be prepared by Central Pollution Control Board: Provided, if trial run has been conducted for particular waste with respect to particular utilisation and compliance to the environmental standards has been demonstrated, authorisation may be granted by the State Pollution Control Board with respect to the same waste and utilisation, without need of separate trial run by Central Pollution Control Board and such cases of successful trial run, Central Pollut....
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.... wastes from India listed in Part A and Part B of Schedule Ill and Schedule VI shall be with the permission of Ministry of Environment, Forest and Climate Change. In case of applications for export of hazardous and other waste listed in Part A of Schedule II and Schedule VI, they shall be considered on the basis of prior informed consent of the importing country. (8) 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. Document 17 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 Schedul....
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....y, received from the State Pollution Control Boards, and may grant the permission for import within a period of sixty days subject to the condition that the importer has - (i) the environmentally sound facilities; (ii) adequate arrangements for treatment and disposal of wastes generated; (iii) a valid authorisation and consents from the State Pollution Control Board; (iv) prior informed consent from the exporting country in case of Part A of Schedule II! wastes. (6) The Ministry of Environment, Forest and Climate Change shall forward a copy of the permission to the concerned Port and Customs authorities, Central Pollution Control Board and the concerned State Pollution Control Board for ensuring compliance with respect to their respective functions given in Schedule VII. Document 18 (7) 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 fo inspection. (8) The importer of the hazardous and other wastes shail file an annual retum in Form 4 to the State Pollution Control Board on or before the 30th day of June....
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.... inspection. 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 (ii) 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 Document 19 17. CHAPTER-V PACKAGING, LABELLING, AND TRANSPORT OF HAZARDOUS AND OTHER WASTES. 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. The label shall be of non-washable material, weather proof and easily visible. Transportation of hazardous and other wastes.- (1) The transport of the hazardous and other waste shall be in accordance with the provision....
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....e Pollution Control Board after signing all the seven copies. To be retained by the sender after taking signature on it from the transporter and the rest of the five signed copies to be carried by the transporter. To be retained by the receiver (actual user or treatment storage and disposal facility operator) after receiving the waste and the remaining four copies are to be duly signed by the receiver. To be handed over to the transporter by the receiver after accepting waste. To be sent by the receiver to the State Pollution Control Board. To be sent by the receiver to the sender. To be sent by the receiver to the State Pollution Control Board of the sender in case the sender is in another State. (2) The sender shall forward copy 1 (white) to the State Pollution Control Board, and in case the hazardous or other wastes is likely to be transported through any transit State, the sender shall intimate State Pollution Control Boards of transit States about the movement of the waste. (3) No transporter shall accept waste from the sender for transport unless it is accompanied by signed copies 3 to 7 of the manifest. (4) The transpo....