Hazardous Waste Management Rules are published to ensure safe handling, processing, generation, treatment, storage, package, transportation, use, reprocessing, collection, and offering for sale, destruction, and disposal of Hazardous Waste.
The Rules lay down emphasis on the equal duty of every person who is engaged in the collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer, or disposal of the hazardous and other wastes and many authorities that are involved in the process of granting authorization for Hazardous Waste such as MoEF, CPCB, State/UT Govt., SPCBs/PCCs, DGFT, Port Authority and Custom Authority.
Every person of the facility who is included in handling, generation, storage, collection, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer, or disposal of the hazardous and other wastes shall be required to get a clearance from the SPCB.
The person shall be responsible for secure and environment-friendly administration of hazardous and other wastes.
The person shall take all the steps for handling hazardous waste management and other wastes to avoid accidents and limit their impact on human beings and the atmosphere and present persons working in the site with personal emergency equipment, training, and the required information to ensure their safety.
hazardous waste" means each waste which because of symptoms such as biological, physical, chemical, reactive, flammable, toxic, and explosive or corrosive, causes danger or is likely to create trouble to health or environment, whether alone or in connection with other wastes or substances, and shall include
(i) waste defined below column (3) of Schedule I
(ii) debris having similar to or more than the concentration limits specified for the parts in class A and class B of Schedule II or any of the characteristics as specified in class C of Schedule II; and
(iii) wastes defined in Part A of Schedule III in respect of import or export of such wastes or the wastes not defined in Part A but present hazardous characteristics specified in Part C of Schedule III
"other wastes" means wastes defined in Part B and Part D of Schedule III for import or export and includes all such waste produced indigenously within the country.
"occupier" about any factory or premises means a person who has control over the factory's activities or the bases and involves concerning any hazardous and other wastes, the person in possession of the dangerous or other waste.
"actual user" means an occupier who obtains and prepares hazardous and other waste for reuse, recycling, recovery, pre-processing, utilization, including co-processing.
"common treatment, storage and distribution facility" means a common facility approved and established individually or jointly or exclusively by the State Government, occupier, operator of the equipment or any community of occupiers that shall be applied as a common facility by various occupiers of real users for treatment, area, and disposal of the hazardous and other wastes.
Means of the importer that any person or occupier who imports dangerous or other waste.
Means of the exporter that any person or occupier under the exporting country's jurisdiction export dangerous or other wastes, including the country that exports hazardous or other trash.
"pre-processing" means treating waste to create it proper for co-processing or recycling or any additional processing.
"co-processing" means using waste materials in production methods for energy or resource recovery or both and the resultant reduction in the use of traditional fuels or raw materials or both into a substitution.
"recycling" means recycling and processing hazardous or other waste in an environmentally safe way for the originally designed purpose or other purposes.
"reuse" means using dangerous or other waste for its original use or other use.
"recovery" means any action or movement wherein particular materials are recovered.
"utilisation" means the use of hazardous or other waste as a source.
"storage" means storing any hazardous or other waste for a short period, at the end of which such waste is prepared or disposed of
"transport" means the off-site movement of hazardous or other wastes by air, road, rail, or water.
"transboundary movement" means any act of hazardous or other wastes from an area below the jurisdiction of one country to or through a site under the jurisdiction of another country or to or through an area not under the jurisdiction of any country, presented that at least two countries are an included in the movement.
"manifest" means transporting documents provided and signed by the sender authorized following the provisions of these rules.
"treatment" means a process, technique or method, created to change the physical, chemical, or biological characteristics or distribution of any hazardous or other waste to reduce its potential to cause harm.
"disposal" means any operation which does not lead to reuse, recycling, recovery, utilization, including co-processing, and involves Physico-chemical treatment, biological treatment, incineration, and disposal in a secured landfill.
"authorisation" means permission for generation, handling, reception, collection, treatment, storage, transport, reuse, recycling, recovery, pre-processing, utilization including co-processing, and disposal of hazardous wastes granted under sub-rule (2) of rule 6.
Power to suspend or cancel an authorisation
(a) The State Pollution Control Board may reject the authorization published after giving a reasonable chance of being caught and after recording purposes thereof in writing if the holder of the commission has failed to comply with any of the provisions of the authorization issued or with any requirements of the Act or these rules as it considers necessary in the public interest.
(b) Upon delay or cancellation of the authorization, the State Pollution Control Board may give commands to the person whose license has been suspended or cancelled for the safe storage and administration of the dangerous and other wastes, and such occupier shall comply with such regulations.
Procedure for Export of hazardous and other wastes from India
(a) Any occupier aiming to export waste defined in Part A of Schedule III, Part B of Schedule III and Schedule VI, shall make an appeal in Form 5 along with insurance protection to the Ministry of Environment, Forest and Climate Change for the intended transboundary movement of the hazardous and other wastes commonly with the prior learned consent in writing from the importing nation in respect of wastes defined in Part A of Schedule III and Schedule VI.
(b) The exporter shall also ensure that a movement document in Form 6 accompanies the shipment.
(c) The exporter of the hazardous and different wastes shall keep the records of the dangerous or other waste dumped by him in Form 3, and the description so prepared shall be open for inspection.
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