Ministry of Environment & Forests
NOTIFICATION
New Delhi, the 6th January, 2000.
S.O. 24(E).- Whereas a notification of the Government of India in the Ministry of Environment and Forests was published in the gazette of India, Extraordinary, Part II-Section 3, Sub-section (ii) vide No.S.O.10 (E) dated 8th January, 1999 under powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), inviting objections from persons likely to be affected within a period of sixty days from the date of publication of the notification with regard to the Government's intention to amend the Hazardous Wastes (Management and Handling) Rules, 1989.
And, whereas, objections received within the period were duly concerned by the Central Government;
Now, therefore, in exercise of the powers conferred by section 6, 8, 25 of the Environment (Protection) Act, 1986 the Central Government hereby notifies the amendments to the Hazardous Wastes (Management and Handling) Rules, 1989.
Hazardous Wastes (Management and Handling) Amendment Rules, 2000
3. In rule 3 of the said rules; -
(a) for sub-rule (i), the following sub-rule shall be substituted namely:-
"(i) Hazardous Wastes means,-
(a) Waste Substances which are generated in the process indicated in column-2 of Schedule-1 and consists of wholly or partly of the waste substances referred to in column - 3 of the same schedule;
(b) Waste substances which consists wholly or partly of substances indicated in Schedule-2, unless the concentration of the substances is less than the limit indicated in the same schedule: and
(c ) Waste substances indicated in Part-A, List 'A' and 'B' of Schedule -3 applicable only to rule 12, 13 and 14 unless they do not possess any of the hazardous characteristics in Part-B of the same schedule.
(b) after sub- rule (p), the following sub-rules, shall be inserted namely:-
"(q) ‘disposal’ means deposit, treatment, storage and recovery of any hazardous wastes;
(r) ‘manifest’ means transporting document originated and signed by the occupier in accordance with rule 7(4) and 7(5);
(s) 'State Government' means State Government and in relation to Union Territory the Administrator thereof appointed under Article 239 of the Constitution;
(t) ‘storage’ means keeping hazardous wastes for a temporary period, at the end of which the hazardous waste is treated and disposed off;
(u) ‘transport’ means movement of hazardous waste by air, rail, road or water;
(v) ‘transporter’ means a person engaged in the off-site transportation of hazardous waste by air, rail, road or water;
(w) ‘treatment’ means a method, technique or process, designed to change the physical, chemical or biological characteristics or composition of any hazardous waste so as to render such wastes harmless;
(x) "environmentally sound management of hazardous wastes" means taking all steps to ensure that the hazardous wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes;
(y) "illegal traffic" means any transboundary movement of hazardous wastes as specified in rule 15;"
(c) Sub-rule (q) shall be re-lettered as sub-rule "(z)".
"(1) The occupier and the operator of a facility shall be responsible for proper collection, reception , treatment, storage and disposal of hazardous wastes listed in Schedule 1,2 and 3."
(c) after sub-rule (2), the following sub-rule shall be inserted, namely:-
"(3) It shall be the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes listed in schedules -1, 2 and 3 are properly handled, and disposed of without any adverse effects to the environment."
"4A. Duties of the occupier and operator of a facility: It shall be the duty of the occupier and the operator of a facility to take adequate steps while handling hazardous waste to,-
4B. Duties of the Authority: Subject to the provisions of these rules, the authority shall also perform duties as specified in Column 3 of Schedule 4."
"along with a sum of rupees seven thousand five hundred only for processing application for authorization and analysis fee, if required, as prescribed under the Environment (Protection) Act, 1986";
"(4A) The authorisation application complete in all respects shall be processed by the State Pollution Control Boards within ninety days of the receipt of such application";
(d) in sub-rule (6) (i) for the words "a period of two years from" the words "for a period of five years from" shall be substituted.
(e) after sub-rule (7), the following sub-rule shall be inserted, namely:-
"(8) The Member-Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted under sub rule (6), after examining each case on merit, subject to the following, -
(iv) on remittance of a processing application fee and analysis fee, as the case may be."
7. In Rule 7 of the said rules, -
"(1) The occupier or operator of a facility shall ensure that the hazardous wastes are packaged, based on the composition in a manner suitable for handling, storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors;"
(b) or sub-rule (2), the following sub-rule shall be substituted, namely:-
"(2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules made by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time" ;
( c) after sub-rule (2), the following sub-rules shall be inserted, namely:-
"(3) All hazardous waste containers shall be provided with a general label as given in Form 8".
(4) No transporter shall accept hazardous wastes from an occupier for disposal unless it is accompanied by five copies of the manifest (Form 9) as per the colour codes. The transporter shall give a copy of the manifest signed and dated to the occupier and retain the remaining four copies to be used as prescribed in sub- rule (5).
(5) Occupier shall provide the transporter with six copies of the manifest as per the colour codes indicated below:
Copy 1(White) forwarded to the Pollution Control
Board by the occupier
Copy 2(Light Yellow) signed by the transporter
and retained by the occupier.
Copy 3 (Pink) retained by the operator of a facility.
Copy 4(Orange) returned to the transporter by the
operator of facility after accepting waste.
Copy 5 (green) forward to Pollution Control Board
by the operator of facility after disposal.
Copy 6 (Blue) returned to the occupier by the
operator of the facility after disposal.
8. In the said rules, for rule 8, the following rule, shall be substituted, namely:-
"8. Disposal Sites:- (1) The occupier or any operator of a facility shall be responsible for identifying sites for establishing hazardous wastes disposal facility;
9. After rule 8 of the said rules, the following rules shall be inserted, namely,-
"8A. Design and setting up of disposal facility:- (1) The occupier, any association or operator of a facility, as the case may be shall design and set up disposal facility as per the guidelines issued by the Central Government or the State Government as the case may be;
8B. Operation and closure of landfill site: (1) The occupier or the operator as the case may be, shall be responsible for safe and environmentally sound operation of the facility as per design approved under Rule 8A by the State Pollution Control Board;
"11 - Import and Export of Hazardous Wastes for dumping and disposal: Import of hazardous wastes from any country to India and export of hazardous wastes from India to any country for dumping or disposal shall not be permitted."
11. After rule 11, the following rules shall be inserted, namely, -
"12. Import and Export of Hazardous Wastes for recycling and reuse - (1) Import and/or export of hazardous wastes rule 3(i)(c) shall only be permitted as raw material for
recycling or reuse;
13. Import of Hazardous Waste: (1) Every occupier importing hazardous waste shall apply to the State Pollution Control Board, one hundred twenty days in advance in Form-6 for permission to import along with a minimum fee of rupees thirty thousand payable to Ministry of Environment and Forests, Govt. of India for imports upto five hundred metric tonnes and for every additional five hundred metric tonnes or part thereof of waste imported an additional sum of rupees five thousand will be payable;
14. Export of Hazardous Waste: (1) The exporting country or the exporter as the case may be, of hazardous waste shall apply ninety days in advance in Form 7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposed export and transboundary movement;
15. Illegal Traffic: (1) The movement of hazardous wastes from or to the country shall be considered illegal:
(2) In case of illegal movement, the hazardous wastes in question;
17. Transitional provisions – where;-
13. For rule-18 of the said rules, the following rule shall be substituted, namely;-
"18. Appeal - (1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member-Secretary, State Pollution Control Board or any officer designated by the Board to the Secretary, Department of Environment of the State Government by whatever name called.
14. In Form 1 of the said rules, at the bottom of item 8, the following words shall be inserted, -
"Place |
Signature |
Date |
Designation" |
15. In Form 2 of the said rules, for the words "(Authorisation for operating a facility for collection , reception, treatment, storage, transport and disposal of hazardous wastes)" the words "Form for Grant of authorisation for occupier or operator handling hazardous wastes." shall be substituted.
16. In Form 3 of the said rules, after item 7 which relates to heading "data on environmental surveillance", the following shall be inserted, -
"8 details of the hazardous wastes reused and recycled -
Date |
Total quantity of hazardous waste generated |
Details of hazardous in waste minimisation activity |
Material received |
Final quantity of waste generated |
Net reduction waste generation quantity and percentage |
Place : |
Signature |
Date : |
Designation" |
17. In Form 4 of the said rules, at the bottom of item 3, the following words shall be inserted, -
Place : |
Signature |
Date : |
Designation" |
18. In Form 5 of the said rules, after Item 7 "The steps" taken to prevent the recurrence of such an accident", the following shall be inserted, -
Place : |
Signature |
Date : |
Designation" |
FORM - 6 : Application for importing hazardous/recyclable wastes as raw materials
FORM - 7 : Transboundary Movement of Waste- NOTIFICATION
SCHEDULE - I : List of processes generating hazardous wastes
SCHEDULE - II : LIST OF WASTE SUBSTANCES WITH CONCENTRATION LIMITS
SCHEDULE - III : LISTS OF WASTE TO BE APPLICABLE ONLY FOR IMPORTS AND EXPORTS
SCHEDULE - IV : Authority(ies) and Duties and corresponding Rule
FORM - 8 : Marking of Hazardous Waste Containers
FORM - 9 : Hazardous Waste Manifest (Information of hazardous waste for disposal)
FORM - 10 : Transport Emergency (TREM) Card