The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, were implemented in India to regulate the management, handling, transboundary movement, and disposal of hazardous waste.

What is “Hazardous waste”?

“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 –

(i) waste specified under column (3) of Schedule I;

(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; and

(iii) wastes specified in Part A of Schedule III in respect of import or export of such wastes or the wastes not specified in Part A but exhibit hazardous characteristics specified in Part C of Schedule III.

Grant of authorisation for managing 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, co-processing, 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.

Record of Hazardous and Other Wastes

Every occupier or importer or exporter or operator authorised under these rules, shall maintain a record of hazardous and other wastes managed by him in Form 3. [Rule 6(5)]

Annual Return of Hazardous and Other Wastes

Every occupier or importer or exporter or operator shall 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. [Rule 6(5)]

Passbook for records of hazardous and other wastes

The authorised actual user of hazardous and other wastes shall maintain records of hazardous and other wastes purchased in a passbook issued by the State Pollution Control Board along with the authorisation. [Rule 6(7)]

Storage of hazardous and other wastes

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.[ Rule 8(1)]

Import of hazardous and other wastes

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. [Rule 12(3)]

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. [Rule 12(4)]

The import of other wastes in Part D of Schedule III will be allowed as per procedure given in rule 13 and as per the note below the said Schedule. [Rule 12(5)]

Export of hazardous and other wastes

The export of hazardous and other wastes from India listed in Part A and Part B of Schedule III 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 III and Schedule VI, they shall be considered on the basis of prior informed consent of the importing country. [Rule 12(7)]

Import of Hazardous and Other Wastes by Trader

Importer who is a trader, importing waste on behalf of actual users, shall obtain one time authorisation in Form 7. [Rule 13(2) (C)]

Transportation of Hazardous and Other Wastes

The occupier shall provide the transporter with the relevant information in Form 9, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency and shall label the hazardous and other wastes containers as per Form 8. [Rule 18(2)]

Manifest for transportation of Hazardous and Other Wastes within India

The sender of the Hazardous and Other Wastes shall prepare seven copies of the manifest in Form 10 comprising of colour code as indicated in the Rules. [Rule 19(1)]

Reporting of Accident involving Hazardous and Other Wastes

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-mail about the accident and subsequently send a report in Form 11. [Rule 22]

Liability of occupier, importer or exporter and operator of a disposal facility

(1) The occupier, importer or exporter and operator of the disposal facility shall be liable for all damages caused to the environment or third party due to improper handling and management of the hazardous and other waste.

(2) The occupier and the operator of the disposal facility shall be liable to pay financial penalties as levied for any violation of the provisions under these rules by the State Pollution Control Board with the prior approval of the Central Pollution Control Board.