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Schedule A Demo

Battery Waste Management Rules, 2022

Ministry of Environment, Forest and Climate Change (MOEFCC) had notified Battery Waste Management Rules, 2022 in supersession of Batteries (Management and Handling) Rules, 2001 on August 22, 2022. These Rules shall apply to Producer, dealer, consumer, entities involved in collection, segregation, transportation, re-furbishment and recycling of Waste Battery. The said rules will apply to all types of batteries regardless of chemistry, shape, volume, weight, material composition and use but will not apply to Battery used in, –

 

(i) equipment connected with the protection of the essential security interests including arms, ammunitions, war material and those intended specifically for military purposes;

(ii) equipment designed to be sent into space.

Registration as a Producer of battery – The person or an entity involved in manufacturing of Battery shall register through the online centralised portal as Producer in Form 1(A). The certificate of registration shall be issued in Form 1(B).

Extended Producer Responsibility (EPR): ‘Extended Producer Responsibility’ means responsibility of any Producer of Battery for Environmentally sound management of Waste Battery. Here the producers of batteries are responsible for collecting, recycling/refurbishing waste batteries and for the use of recovered materials from waste into new batteries.

Waste Battery collected by the Producer shall be sent for recycling or refurbishing and shall not be sent for landfilling or incineration.

Functions of Producer:

  1. Producer shall inform the Central Pollution Control Board of any changes to the information contained in the Extended Producer Responsibility Registration and of any permanent cessation as regards to the making available on the market of the Battery referred to in the Extended Producer Responsibility Registration.
  2. Producer shall provide Extended Producer Responsibility plan in the Form 1(C) to Central Pollution Control Board by 30th June of every year for the Battery manufactured in the preceding financial year.
  3. Producer may operate schemes such as deposit refund system or buy back or any other model to develop a separate waste stream for collection of Waste Battery for fulfilling Extended Producer Responsibility obligations.
  4. Producer to file annual returns in Form 3 regarding the Waste Battery collected and recycled or refurbished towards fulfilling obligations under EPR with the CPCB and concerned SPCB in Form 3 by 30th June of the next financial year. The details of the registered recyclers from whom the EPR certificates have been procured shall also be provided.
  5. It is the responsibility of a Producer to adhere to prohibitions and labelling requirements as prescribed in Schedule I.
  6. It is the responsibility of a Producer to ensure safe handling of Battery or Waste Battery such that no damage to human health and environment occurs.
  7. Producer shall have the obligation with respect to the minimum use of domestically recycled materials in new Battery as per the Table mentioned in Rule 4 (14) of the Battery Waste Management Rules, 2022. In case of imported Battery, the Producer shall have to meet the obligation of the minimum use by way of getting such quantity of recycled materials utilised by other businesses or by way of exporting such quantity of recycled materials.
  8. Producer shall not deal with any other entity not having registration mandated under these rules.

Functions of Consumer: It is the responsibility of consumer –

(i) to discard Waste Battery separately from other waste streams especially from mixed waste, domestic waste streams;

(ii) to ensure that Waste Battery are disposed off in an environment friendly manner by giving it to an entity engaged in collection or refurbishment or recycling

 

Functions of entity involved in collection, segregation and treatment:

  1. It is the responsibility of entities involved in collection, segregation and treatment to hand over Waste Battery to registered refurbisher or recycler;
  2. It shall be the responsibility of the entity to, – (i) ensure that a facility is in accordance with the standards or guidelines prescribed by the Central Pollution Control Board; (ii) carry out any activity in accordance with the guidelines prescribed by Central Pollution Control Board

Functions of Refurbisher:

  1. All refurbishers shall register with State Pollution Control Board on the centralised portal in Form 2 (A) for Grant of one time Registration.
  2. It shall be the responsibility of the Refurbisher to, –
      • make an application in Form 2(A) to the State Pollution Control Board for grant of one-time registration;
      • ensure that it carries out any activity in accordance with the guidelines prescribed by CPCB
      • ensure that hazardous waste generated from any activity of the entity is managed as per the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;
      • ensure that other waste generated during handling and refurbishing activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016;
      • ensure that refurbishment processes and facilities comply with the standards or guidelines prescribed by the Central Pollution Control Board;
      • ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment.
  3. Refurbishers to furnish quarterly returns in Form 4 regarding the information on quantity of used Battery collected or received from various producers or entities, refurbished quantities, quantity of hazardous and/or other waste including solid waste or plastic waste generated after refurbishment and disposal of such quantity as per extant rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter.
  4. On quarterly basis, the total quantity of Waste Battery processed by entities involved in refurbishment of Waste Battery, is to be made available on the centralised portal developed by CPCB and on the websites of the entities
  5. Refurbisher shall not deal with any other entity not having registration mandated under these rules

Functions of Recycler:

  1. It shall be the responsibility of the Recycler to, –
      • make an application in Form 2(A) to the State Pollution Control Board for grant of one-time registration;
      • ensure that it carries out any activity in accordance with the guidelines prescribed by CPCB
      • ensure that hazardous waste generated from any activity of the entity is managed as per the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;
      • ensure that other waste generated during handling and refurbishing activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016;
      • ensure that refurbishment processes and facilities comply with the standards or guidelines prescribed by the Central Pollution Control Board;
      • ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment.
  2. Recyclers to furnish quarterly returns in Form 4 regarding the information on quantity of Waste Battery collected or received from various producers or entity, recycled quantities, compliance of material-wise recovery percentage as per recovery targets provided under sub-rule 4 of rule 10, quantity of hazardous and/or other waste including solid waste or plastic waste generated after recycling and of such quantity as per as per extant rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter.
  3. On quarterly basis, the total quantity of Waste Battery processed by entities involved in recycling of Waste Battery, is to be made available on the centralised portal developed by CPCB and on the websites of the entities
  4. Recycler shall not deal with any other entity not having registration mandated under these rules

Limit on amount of Waste Battery recycled or refurbished by the entity – The amount of Waste Battery recycled or refurbished by the entity shall not be more than installed capacity of the entity.

Environmental Compensation:

 

(1) Environmental Compensation shall be levied for the following activities based on polluter pays principle, –

  1. entities carrying out activities without registration as mandated under these rules;
  2. providing false information / wilful concealment of material facts by the entity es registered under these rules;
  3. submission of forged/manipulated documents by the entities registered under these rules;
  4. entities engaged in collection, segregation, and treatment in respect to not following sound handling of Waste Battery.

(2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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