Hazardous and other Wastes (Management and Transboundary Movement) Rules 2016-An Overview

Hazardous and other Wastes (Management and Transboundary Movement) Rules 2016 – An Overview

Dr. Yashpal Singh

Former Member, Expert Appraisal Committee, MoEF & CC, Govt. of India.

Former Director, Environment, Government of U.P.

The Ministry of Environment, Forests and Climate Change, Government of India has prescribed the Hazardous and other Wastes (Management and Transboundary Movement) Rules 2016 which, supersedes the earlier Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008 made in this regards and provides for the management of hazardous and other wastes as provided in the schedule to the rules. The provisions of these rules are not applicable to waste water and exhaust gases covered under the Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1981, wastes arising out of operation of ships beyond 05 Kms of the relevant baseline under the provisions of the Merchant shipping Act, 1958, radioactive wastes covered under the Atomic Energy Act 1962 and Biomedical Wastes and Municipal Solid Wastes as defined in the concerned rules. The Rules have been amended in 2016,2017,2018,2019 and 2021.

1. Hazardous waste

Hazardous waste has been defined to mean any waste which by reason of its characteristic properties (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 waste or substances. Such waste has been indicated to also include wastes covered in the Schedule I, II and III of these Rules. The notification also makes a mention of “other wastes” needing regulation. “Other wastes” are those wastes which are included in Part B and Part D of Schedule III to the notification.

2. Schedules to the rules

Schedule 1 is a list of processes generating hazardous wastes. It lists the processes and the Hazardous wastes generated from these processes but states that inclusion in this schedule does not preclude the use of schedule II to demonstrate that the waste is not Hazardous. Wastes mentioned in schedule I are Hazardous only if the constituent of these wastes cross the threshold as provided in schedule II and if any of the constituents are toxic, Flammable etc. as per class C.

Schedule II has listed waste constituents with concentration limits. As per class A of schedule II, wastes are also classified as Hazardous wastes if due to the presence of any hazardous constituents they are flammable, corrosive, reactive or explosive, toxic, liable to spontaneous combustion, emit flammable gases in contact with water, possess oxidizing properties, are organic peroxides, acute poisons, infectious, liberate toxic gases with air or water, ecotoxic and/or produce hazardous leachates.

Schedule III lists Hazardous Wastes applicable for import and export. Nevertheless, apart from export import they are also included as Hazardous wastes for the purpose of inventorisation and regulation. Part B and Part D of Schedule III to the notification, list wastes to be included as “other wastes”.

Schedule IV lists the commonly recyclable wastes.

Schedule V lays down the specification of used oil suitable for recycling and specification of fuel derived from waste oil.

Schedule VI gives a list of Hazardous and other wastes prohibited for import.

Schedule VII gives a list of authorities and corresponding duties.

Schedule VIII gives a list of documents for verification by customized for import of certain wastes.

3. Forms

4. Occupier and his responsibility

The rules specify that an Occupier (meaning a person who has control over the affairs of the factory or premises including the person in possession of the Hazardous and other wastes) shall be responsible for the management of Hazardous and other wastes. The hazardous waste generated in the establishment of the occupier shall be sent or sold to ad authorized actual user or shall be disposed in an authorized facility, transported in accordance to provisions of the rules and after sharing such information to the operator of a TSDF, regarding the wastes, as may be prescribed. It shall be the responsibility of the occupier to take steps to contain contaminants, prevent accidents and limit the consequences on human beings and environment and to provide persons working on the site with appropriate training, equipment and the information necessary to ensure safety. An occupier will not require an Authorisation if Consent is not required under the provisions of the Water (Prevention and Control of Pollution) Act 1974 or the Air (Prevention and control of Pollution Act)1981, however the Hazardous wastes have to be managed as per the guidelines prescribed by the CPCB.( As amended 2019)

5. Responsibilities for identification of dedicated areas within Industrial Areas for waste disposal and provisions for skill development

The Department of Industry or the agency duly authorized by the respective State Governments have been entrusted the responsibility of allocating dedicated industrial space or shed, for handling of hazardous wastes, in existing and upcoming industrial estates, parks or clusters. The Labour Department or an agency duly authorized by the respective State Government has been given the responsibility of registering workers involved in recycling etc, preprocessing and other utilization activities, assist formation of groups of such workers, undertake industrial skill development of these workers and annually monitor and ensure safety and health of workers.

6. Authorisation

Every occupier is expected to obtain an authorization from the State Pollution Control Board. The application for authorization is to be accompanied with copies of consent to establish and operate granted under sections 25/26 of the Water (Prevention and Control of Pollution) Act 1974 and Section 21 of the Air ( Prevention and Control of Pollution) Act 1981 along with a self certified compliance report on these consents and earlier authorizations for Hazardous wastes. The authorization is normally granted for a period of five years and the technical capabilities and equipments generally examined with reference to guidelines prepared by the Central Pollution Control Board.

Every occupier who has been granted an authorization under these rules is supposed to maintained a record of hazardous wastes managed in the prescribed Form 3 and submit annual returns to the state Pollution Control Board in Form 4 on or before the 30^th day of June (for the previous financial year). Persons authorized to use 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 authorization. Handing over shall only be after making the entry into the passbook of the actual user.

The State Pollution Control Board has the power to suspend and cancel an authorization, for failure to comply with the provisions, after giving reasonable opportunity of being hand and after recording reasons for such cancellation in writing and may give suitable directions for safe storage and handling after such cancellation or suspension.

7. Temporary storage of wastes

Temporary storage of Hazardous wastes is allowed in certain cases (small generators, actual users, TSDF, non TSDF connected generators, wastes needing specific storage for development of process) for a maximum period of 90 days, (generally up to 180 days of the annual waste generation capacity)

8. Utilisation of Hazardous wastes as a resource

The utilisation of hazardous wastes and other wastes as a resource within the premises of the generator or outside it, shall only be carried out under an authorization granted by the State Pollution Control Board on the basis of standard operating procedures as developed by the Central Pollution Control Board. Where such standard operating procedures have not been developed, the approval has to be availed from the Central Pollution Control Board which will grant approvals on the basis of trial runs and thereafter the CPCB is required to draw up the standard operating Procedure. Trial runs and standard operating procedures are to be prescribed for specific wastes and specific utilisation. (As amended 2021)

9. Import of Hazardous Wastes

Import of Hazardous wastes into India is not permitted for disposal but can be permitted only for recycling, recovery, reuse and utilisation including co-processing. The import of Hazardous and other wastes mentioned in Part A, schedule III shall be permitted to actual users with the prior informed consent of the exporting country and a permission from the MoEF and CC, Government of India. Part B, Schedule III imports shall be allowed to actual users with the permission of the MoEF and CC only. Wastes mentioned in Schedule VI of the rules will not be allowed to be imported.

10. Export of Hazardous Wastes

The export of Hazardous and other wastes as mentioned in Part A and Part B of Schedule III and Schedule VI shall be with the permission of the Ministry of Environments Forests and Climate Change. In case of wastes falling in Part A of schedule III and in schedule VI, this permission shall be considered on the basis of prior informed consent of the importing country. All Hazardous wastes not specifically mentioned in the schedules as above, but exhibiting hazardous characteristics as outlined in Part C of schedule II shall require the written permission of the MoEF and CC before import or export.

11. Procedures for import and export

Procedures for import and export of Hazardous and other wastes have been prescribed along with the formats (Form 5) for making applications. In certain cases (Part D of Schedule III) where a permission of the MoEF and CC is not required, provisions have been made whereby information of the intended import is to be provided to the customs authorities along with copies of an import license from the Director General Foreign trade if applicable, consents under the water and Air Acts, authorizations under these rules and the E- wastes (Management and handling) Rules, 2016 as amended. Traders may also need a separate authorization (Form 7) and attach it also. The customs authorities have been entrusted the responsibility of verifying these documents before clearing a consignment.

Applications for exporting wastes specified in Part A of schedule III, Part B of schedule III and Schedule VI of these rules have to be filed in Form 5 along with insurance cover to the MoEF and CC along with an informed consent where necessary ( Part A, Schedule III and Schedule VI). The exporter is required to maintain a movement document (Form 6) and records (Form 3). Illegal imports shall have to be re-exported at the cost of the importer or by the customs authority, where the importer is not traceable. The Customs authorities in such cases shall have to comply with provisions of these rules.

12. Identification of sites and development of TSDF

Identification of sites and development of corresponding facilities for the treatment, storage, and disposal of Hazardous and other wastes shall be done by the occupier, operator of a facility, group of occupiers or the state Government. The facilities shall be designed as per the guidelines of the Central Pollution Control Board and would need an approval of the State Pollution Control Board. An amendment of 2019 has defined a Waste Collector to mean a person who collects hazardous and other wastes on behalf of the actual user or operator of disposal facility from the occupier and provides that the waste can be handed over to the Waste Collector as per CPCB guidelines.

13. Labeling, transportation and maintenance of reports

A system for maintenance of reports (Form 3) and filing annual returns (Form 4) has also been prescribed.

Packaging, labeling and Transport of Hazardous wastes is regulated to ensure that such wastes are handled, stored and transported safely. Labeling has to be done as per Form 8. Transportation has to be as per the Hazardous waste Management Rules, Provisions made under the Motor Vehicles Act of 1988 and the guidelines of the Central Pollution Control Board.

14. Interstate transport of wastes

Inter State transport for disposal to a facility existing in another state has to be accompanied by a NOC from both the State Boards.

In case of the Hazardous and other wastes, transiting through a state other than a state of origin or destination, intimation shall be provided to the State Pollution Control Boards, in the states of transit, before handing any wastes to the transport.

Where a waste is being sent for recycle and reuse, including co-processing, from one state to another, the State Pollution Control Board of both the states have to be informed before handing over the waste to the trans porters.

The responsibility of safe transport is delegated to the sender or the receiver, whosoever arranges for the transport and has the necessary authorization for transport. The authorization for transport shall be obtained by the sender or receiver on whose behalf the transport is being arranged.

15. Movement Document

A manifest system (Movement Document) has also been prescribed which consists of seven (7) copies of Form 10, in different colour codes, bearing signatures of the sender in each copy. The transporter has been prohibited from accepting any waste for transportation, unless accompanied by the signed copies of the prescribed Manifest.

16. Accident Reporting

Accidents are to be duly reported by the occupier who shall be responsible for all the damages caused to the environment or third party and who shall also be liable to pay financial penalties as may be imposed by the State Pollution Control Board after approval from the Central Pollution Control Board.

17. Appeals

Provisions of Appeal have been prescribed. The Secretary Environment of a State is the designated Appellate Authority. Appeals have to be filed within 30 days of form the date on which the order is communicated.

Sugar Factories need an Authorisation under these rules for the disposal of used oil and chemical sludge from treatment plants.

Suggested Readings

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (as amended). New Delhi, the 04th April, 2016 G.S.R No. 395 (E) and other amendments upto 2021.

https://cpcb.nic.in/displaypdf.php?id=aHdtZC9IV01fUnVsZXNfMjAxNi5wZGY=(2016)

https://cpcb.nic.in/uploads/hwmd/July_Amendment_HOWM.pdf (2016)

https://cpcb.nic.in/uploads/hwmd/Feb_Amendment_HOWM.pdf (2017)

https://cpcb.nic.in/uploads/hwmd/June_Amendemnet_HOWM.pdf (2018)

https://cpcb.nic.in/uploads/hwmd/March_Amendment_HOWM.pdf (2019)

https://cpcb.nic.in/uploads/hwmd/HOWM-Second-Amendment-Rules-2021.pdf (2021)

Remediation of Contaminated Sites

Remediation of Contaminated Sites-The Pump and Treat System

Remediation of Contaminated Sites- Permeable Reactive Barriers