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Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2024

Competent Authority: Ministry of Environment and Forests and Climate Change.

Implementation Date: 12 March, 2024 Except para 6 and para 7 of these rules, which shall come into force from the 1st Day of April, 2024

Schedule / Rule / Form: Rule – 3,6,8,12,29,30 / Schedule – III, VI, IX / Form – 2.

Ministry of Environment, Forest and Climate Change notified Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2024 on 12th March, 2024 thereby amending the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

The Amendments are reproduced herein below: –

  • In rule 3, after clause 22, clause 22A has been inserted defining deposition centers in the following manner – “deposition centers‖ means the deposition center specified in the Solid Waste Management Rules, 2016 for collection of domestic hazardous wastes.”
  • In rule 6 after sub-rule (1A), the following sub-rules have been inserted ―

“(1B) The deposition centers shall obtain authorization from the State Pollution Control Board or the Pollution Control Committee concerned.”

“(1C) The deposition centers shall provide the domestic hazardous waste to the actual user or operator of the disposal facility and maintain records of the same in Form 3 and shall file annual return in Form 4 to the State Pollution Control Board or the Pollution Control Committee concerned.”

  • In rule 8, sub-rule (1), in the proviso clause (i), has been substituted as-

(i) (small generators (between five to ten tones per annum) up to one hundred and eighty days of their annual capacity and small generators (less than five tons per annum) up to three hundred and sixty-five days of their annual capacity.

  • In rule 12, sub-rule (6B), has been substituted-

(6B) The import of post-industrial or pre-consumer polyethylene wastes shall be permitted with a requirement to export at least thirty five percent of the total annual turnover

  • In rule 29, after sub-rule (6), sub-rules (7), (8), (9), has been inserted viz. The Central Pollution Control Board shall fix the highest and lowest price for exchange of extended producer responsibility certificates which shall be equal to hundred per cent and thirty per cent and their exchange price between registered entities.
  • In rule 30, after sub-rule (4), sub rule (5), has been inserted as follows:

Relaxation of timelines for filing of returns – Central Government may for the public interest or for effective implementation of these rules, by order, relax any period within which any return or report is to be filed under these rules by a producer, collection agents, recycler and used oil importer thereof, for a further period not exceeding nine months.

  • In Schedule III, Part B, under item number B3, against Basel No. 3011 after Polyethylene terephthalate entry the following entry shall be inserted-

Polysiloxanex only post-industrial or pre-consumer

  • In Schedule IX to the said rules

(i) sub paragraph (6), (7), (8), (9), have been inserted after sub-paragraph (5) of paragraph 6.

(ii) after paragraph 8, following paragraph has been inserted-

            (A) Responsibilities of the re-treader-

(1) All the re-treader shall submit on monthly basis the information regarding quantity of waste tires re-treaded, retreading certificate generated therefore and such other relevant information on the portal.

(2) All the re-treader shall file annual and quarterly returns in the Form as specified on the portal on or before the end of the month succeeding the quarter to which the return relates.

(iii) after sub-paragraph (5) of paragraph 9, sub paragraph (6) has been inserted.

  • In Form 2, under heading A. clause 15 has been inserted after clause 14-

(i)Any hazardous waste generated sporadically due to unforeseen conditions such as fire, natural calamity, chemical spill, etc., the occupier shall send such waste to the operator of disposal facility or actual user for the purpose of these rules.

(ii) The hazardous waste which is routinely generated in the consented manufacturing process in the authorized premises shall be included in the authorization within one month from identification of any such waste:

 Provided that it shall not apply in the case when production is beyond the consented capacity.

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