HAZARDOUS WASTE MANAGEMENT RULES - 2016
These rules may be called the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. These rules are made by the central government in exercise of powers conferred by ENVIRONMENTAL PROTECTION ACT 1986, these rules are notified to ensure safe handling, generation, processing, treatment, package, storage, transportation, use reprocessing, collection, conversion, and offering for sale, destruction and disposal of HAZARDOUS WASTE.
These rules are regulated by different agencies like
· Ministry of Environment, Forest & Climate Change (MOEF)
· Government of India
· Central Pollution Control Board (CPCB)
· State Pollution Control Boards and Pollution Control Committees(SPCB)
OUTLINE OF HAZARDOUS WASTE MANAGEMENT RULES - 2016
These rules are divided into 6 chapters and 8 Schedules, which gives the following information as per the description
SR NO | CHAPTERS | DESCRIPTION |
1 | Chapter – 1 | PRELIMINARY |
2 | Chapter – 2 | Procedure for Management of HAZARDOUS and other WASTES |
3 | Chapter – 3 | Import and Export of HAZARDOUS and other WASTES |
4 | Chapter – 4 | Treatment, Storage and Disposal facility (TSDS) for HAZARDOUS and other WASTES |
5 | Chapter – 5 | Packaging, Labelling and Transport of HAZARDOUS and other WASTES |
6 | Chapter – 6 | Miscellaneous |
7 | Schedule – 1 | List of processes generating hazardous wastes |
8 | Schedule – 2 | List of waste constituents with concentration limits |
9 | Schedule – 3 | A)List of hazardous wastes applicable for import and export with Prior Informed consent |
B) List of other wastes applicable for import and export and not requiring Prior Consent | ||
C) List of Hazardous Characteristics | ||
D) List of other wastes applicable for import and export without permission from MOEF | ||
10 | Schedule – 4 | List of commonly recyclable hazardous wastes |
11 | Schedule - 5 | A)Specifications of Used Oil Suitable for recycling |
B) Specification of fuel derived from waste oil | ||
12 | Schedule – 6 | Hazardous and Other wastes prohibited for import |
13 | Schedule – 7 | List of authorities and corresponding duties |
14 | Schedule – 8 | List of documents for verification by Customs for import of other wastes |
UNDERSTANDING WASTE AND HAZARDOUS WASTE
WASTE: This means materials that are not products or by-products, for which the generator has no further use for production, transformation or consumption.
HAZARDOUS WASTE: As per Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 “HAZARDOUS WASTE” means any waste which because of characteristics such as
· Physical
· Chemical
· Biological
· Reactive
· Toxic
· Flammable
· Explosive
· Corrosive
Causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances.
IMPORTANT POINTS IN HAZARDOUS WASTE MANAGEMENT RULES 2016
- The occupiers shall take relevant authorization from STATE POLLUTION CONTROL BOARD for managing hazardous wastes and other waste
· Every occupier who is authorized to handle HAZARDOUS WASTE and OTHER WASTE must compulsory, shall maintain a record of hazardous and other wastes managed by him and prepare and submit to the State Pollution Control Board as per their guidelines
- The occupier is responsible for providing resources, training and equipment for all the persons involved in the handling of HAZARDOUS WASTE to ensure their safety
- The state government has prescribed norms for storing hazardous waste whereby the occupiers may store for not more than ninety (90) days and a maximum quantity of ten (10) tonnes with certain permissions
· The Ministry of Environment, Forest and Climate Change (MOECF) shall be the nodal Ministry to deal with the transboundary movement (Import and export) of hazardous and other wastes as per the provisions of these rules.
- The occupier handling hazardous or other wastes shall ensure that the hazardous and other wastes are packaged and labelled in a manner suitable for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time.
- The label displayed should have
o The background colour of the label – FLUORESCENT YELLOW
o ‘HAZARDOUS WASTES’ and ‘HANDLE WITH CARE’ to be written prominently in RED
o ‘OTHER WASTES’ to be written prominently in ORANGE
o The words should be written in Hindi, English and vernacular language.
o The label should be of weatherproof and non-washable materials
· The State Government, occupier, operator of a facility be individually or jointly be responsible for the identification of sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the State.
· The transport of hazardous and other waste shall be under the provisions of these rules and the rules made by the Central Government under the Motor Vehicles Act, 1988 and the guidelines issued by the Central Pollution Control Board from time to time in this regard.
· The occupier should provide relevant information to the Transporter/Driver through TREM CARD ( Transport emergency card), details containing the hazardous nature of the wastes and measures to be taken in case of emergency
· In case of transportation of hazardous and other waste from one state to another state for final disposal, the sender shall obtain a ‘No Objection Certificate’ from the State Pollution Control Board of both States.
· The sender of the HAZARDOUS WASTE shall prepare seven different coloured copies of the manifest and sign by the sender on all the copies
COLOR | PURPOSE |
COPY 1 – WHITE | This copy has to be forwarded to the State Pollution control board by the sender after signing all the seven copies |
COPY 2- YELLOW | This has to be kept with the sender after taking the signature from the transporter, and all five should be carried by the transporter |
COPY 3 – PINK | To be retained by the receiver (one who treats the hazardous waste) and the remaining four copies to be signed by the receiver |
COPY 4 – ORANGE | This copy has to be handed over to the transporter after accepting the waste |
COPY 5 – GREEN | To be sent by the receiver to the State pollution control board |
COPY 6 – BLUE | This copy is to be sent to the sender by the receiver |
COPY 7 - GREY | To be sent by the receiver to the State Pollution Control Board of the sender if the sender is from another state. |
· The occupier who is sending the HAZARDOUS WASTE and the operator who is receiving it at DISPOSAL FACILITY should maintain proper records of sending and receiving which are to be submitted annually to the STATE POLLUTION CONTROL BOARD in the prescribed forms
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Disclaimer: The information represented above is only guidance for students for getting some information relevant to the subject. The information represented above does not constitute professional advice and cannot be quoted or used for any application purpose (or) statutory requirements (or) dispute resolution
Article by PJ Mohan
Sr.Faculty, NIFS
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