14 Hazardous and other Wastes (Management and Transboundary Movement) Amendment Rules, 2016

Dr. Shruti Goyal

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Learning Outcomes

  • To understand steps that can be followed for sound management of hazardous and other waste.
  • To understand the procedure for import and export of hazardous and other waste.
  • To understand the responsibilities of different entities for sound management of hazardous and other waste.

Introduction

 

Unscientific disposal of hazardous and other waste through burning or incineration leads to emission of toxic fumes into the environment and cause air pollution and associated health-related problems. The disposal of hazardous wastes in water bodies or in municipal dumps leads to toxic releases due to leaching in land and water entailing into degradation of soil and water quality. In addition to this, the workers employed in such unscientific practices suffer from a number of health related problems such as neurological disorders, skin diseases, genetic defects, cancer etc. Hence, a need was felt for systematic management of hazardous and other waste in an environmentally sound manner by way of prevention, minimization, re-use, recycling, recovery, utilization including co-processing and safe disposal of waste.

In order to achieve this objective, the Central Government drafted Hazardous and other Wastes (Management and Transboundary Movement) Amendment Rules, 2016. The Rules were notified by the government on 4th April, 2016. These Rules were framed by the government while exercising powers under section 6, 8 and 25 of the Environment Protection Act, 1986. These Rules supersede the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules of 2008.

The Rules have been framed in order to ensure resource recovery and disposal of hazardous waste in environmentally sound manner. The Rules are environment friendly and industry friendly. These Rules are in line with the Government’s priority for Ease of Doing Business and Make in India along with responsible concerns for sustainable development.

Overview of the Rules

There are 24 Rules in total and they are divided into six chapters. Chapter 1 is titled as “Preliminary” and contains Rule 1-3. Rule 1 talk about short title and commencement whereas Rule 2 talks about applicability of these Rules. Rule 3 enlists some of the important definitions which are required to interpret the Rules.

Chapter 2 is titled as “Procedure for Management of Hazardous and Other Wastes” and contains Rule 4-10. Rule 4 and 5 talks about the responsibility of the occupier and state government for management of hazardous waste and other waste respectively. Rule 6 and 7 talk about the procedure for grant of authorization for managing hazardous and other wastes and the power of the State Pollution Control Board to suspend or cancel this authorization in case of non-compliance with conditions of authorization. Rule 8 talks about storage of hazardous and other wastes. Rule 9 talks about utilization of hazardous and other wastes. Rule 10 empowers the Ministry of Environment, Forest and Climate Change and the Central Pollution Control Board to issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes from time to time.

Chapter 3 is titled as “Import and Export of Hazardous and Other Wastes” and contains Rule 11-15. These Rules govern the import and export of hazardous waste and other wastes. Rule 11 envisages  Ministry of Environment, Forest and Climate Change as the nodal Ministry to deal with the trans-boundary movement of the hazardous and other wastes. Rule 12 talks about the strategy followed in India as far as import and export of hazardous and other waste is concerned. It enlists Rules and conditions subject to which import and export of hazardous and other wastes can be undertaken. Rule 13 and 14 talks about the procedure that is to be followed for import and export of hazardous and other wastes respectively. Rule 15 talks about conditions which shall render the import and export of hazardous and other wastes illegal.

Chapter 4 is titled as “Treatment, Storage and Disposal Facility for Hazardous and Other Wastes” and contains Rule 16. This Rule holds the State Government, operator of a facility occupier or association of occupiers responsible for identifying sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the state.

Chapter 5 is titled as “Packaging, Labeling and Transport of Hazardous and other Wastes” and contains Rule 17-19. Rule 17 describe the manner of packing and labeling hazardous or other wastes. Rule 18 and 19 tells the procedure to be followed while transporting hazardous and other wastes.

Chapter 6 is titled as “Miscellaneous” and contains Rule 20- 24. Rule 20 and 22 talks about the responsibility of occupier handling hazardous or other wastes and operator of disposal facility to maintain records and returns and their duty to intimate the State Pollution Control Board incase of accident respectively. Rule 23 talks about the liability of the occupier, importer or exporter and operator of a disposal facility to pay penalty in case of damage to environment or third party due to improper handling and management of the hazardous and other waste. Rule 21 talks about the responsibilities of authorities to perform the duties as specified. Rule 24 provides for the appeal in case a person is aggrieved by the order of suspension or cancellation or refusal of authorization or its renewal passed by the State Pollution Control Board. 

 

Salient Features of the Rules

  • It is for the first time that Rules have been made to distinguish between hazardous waste and other wastes. Other wastes include: Waste tyre, paper waste, metal scrap, used electronic items, etc.
  • The Rules mention prevention, minimization, reuse, recycling, recovery, co-processing; and safe disposal as the required for management of hazardous waste in hierarchical order. [Rule 4]
  • Co-processing is prescribed as a preferential mechanism over disposal for use of waste as supplementary resource or for recovery of energy.
  • The Rules prescribe simplified procedure for taking permission, import/export, filing of annual returns, transportation etc.
  • The Rules casts responsibility on the occupier as well as the state for management of hazardous and other wastes. [Rules 4 and 5]
  • The Rules prescribe for a single window clearance for setting up of hazardous waste disposal facility and import of other wastes.
  • The approval process for co-processing of hazardous waste to recover energy has been streamlined and put on emission norms basis rather than on trial basis. [Rule 9]
  • The process of import/export of waste has been streamlined by simplifying the document-based procedure and by revising the list of waste regulated for import/export.
  • The import of metal scrap, paper waste and various categories of electrical and electronic equipments for re-use purpose has been exempted from the need of obtaining Ministry’s permission.
  • The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure specific to waste type.
  • The list of processes generating hazardous wastes has been reviewed taking into account technological evolution in the industries.
  • The list of waste constituents with concentration limits has been revised as per international standard and drinking water standard.
  • The State Pollution Control Board has been mandated to prepare an annual inventory of the waste generated, waste recycled, recovered, utilized including co-processed, waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year.
  • State Government has been authorized to prepare integrated plan for effective implementation of these provisions and have to submit annual report to Ministry of Environment, Forest and Climate Change.
  • The Ministry of Environment, Forest and Climate Change/ the Central Pollution Control Board have been authorized to issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes. [Role 10]

Applicability of the Rules [Rule 2]

The Rules are applicable to hazardous wastes and other wastes. According to Rule 3 (17) hazardous waste means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive causes danger to health or environment. It also includes:

  • Waste generated during the manufacturing processes of the commercial products such as industries involved in petroleum refining, production of pharmaceuticals, petroleum, paint, aluminum, electronic products etc. For more details see Schedule I attached to the Rules which gives a detailed list of processes through which hazardous waste is generated.
  • Wastes  having concentration limit of a constituent  more than specified in  schedule  II or exhibits characteristics such as flammability or ignitability or corrosivity or reactivity etc. due to the presence of any hazardous constituents. For example, if a waste has concentration of arsenic more than 5.0 mg/l or mercury more than 0.2 mg/l then it will be termed as hazardous. For more details see Schedule II attached to the Rules which gives a detailed list of waste constituents with concentration limits
  • In case of import or export, wastes such as those specified in Part A and Part C of Schedule III. “Other wastes” means wastes specified in Part B and Part D of Schedule III for import or export and includes all such waste generated indigenously within the country. [Rule 3 (23)]

However, the Rules are not applicable to:

 

  • waste-water and exhaust gases as covered under the provisions and rules of Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981;
  • wastes arising out of the operation from ships beyond five kilometers of the relevant baseline as covered under the provisions and rules of the Merchant Shipping Act, 1958;
  • radio-active wastes as covered under the provisions and rules of the Atomic Energy Act, 1962;
  • bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998; and
  • Wastes covered under the Municipal Solid Wastes (Management and Handling) Rules.

 

Responsibility for management of hazardous and other wastes

Industries generate a lot of hazardous and other wastes while processing, manufacturing etc. Disposal of such hazardous and other wastes is a cumbersome procedure. The Rules entrust the responsibility for the management of such hazardous and other wastes on the occupier as well as the state government.

 

Responsibility of the occupier

The Rules cast a responsibility on the occupier of the place for safe and environmentally sound management of hazardous and other wastes [Rule 4(2)]. The occupier shall follow a number of steps for the management of hazardous and other wastes. The steps are:

  •  prevention,
  • minimization,
  • reuse,
  • recycling,
  • recovery,
  • co-processing; and s
  • afe disposal. [Rule 4 (1)]

It is important to note that these steps are to be followed in hierarchical manner. That is, the occupier should in first play try preventing the generation of hazardous and other wastes or try to minimize it. Then efforts should be made to reuse and recycle the hazardous and other wastes. Thereafter, efforts should be made for recovery of specific materials. The occupier should try to co-process, that is, he should try to generate energy out of hazardous and other wastes so that the use of conventional fuels is reduced. And the last is safe disposal.

The occupier shall also take steps to contain contaminants and prevent accidents and limit their consequences on human beings and environment. He should also provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety. [Rule 4(6)]

 

Responsibility of the state government

The state government has to set up/ allot industrial space or sheds for recycling, pre-processing and other utilization of hazardous or other wastes for environmentally sound management of hazardous and other wastes. [Rule 5(1)] The Department of Labour in the state has been entrusted with the responsibility to:

 

  • Recognize and register the workers involved in recycling,
  • pre-processing and other utilization activities;
  • Form groups of workers to facilitate setting up such facilities;
  • Undertake industrial skill development activities; and
  • Ensure safety and health of workers. [Rule 5(2)]

 

Safe disposal of hazardous and other wastes

Scientific disposal of hazardous and other waste through proper collection, storage, packaging, transportation and treatment in an environmentally sound manner minimizes the adverse impact of such waste on human health and environment. The Rules envisages two types of mechanisms for safe disposal of hazardous and other wastes.

  • Authorized actual user; and
  • Authorized disposal facility. [Rule 4(3)]

 

Authorized actual user

Actual user means an occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, pre-processing, utilisation including co-processing. [Rule 3(2)]

 

Authorized disposal facility

When the occupier sends hazardous and other wastes to the disposal facility, he shall give specific information as may be needed for safe storage and disposal. [Rule 4 (5)] The hazardous and other wastes must be transported in accordance with these Rules [Rule 4(4)]

 

Authorization to deal with hazardous and other wastes

The Rules provide that authorization is required for generation or collection or storage or transport or reception or recycling or reuse or recovery or pre-processing or co-processing or utilization or treatment or disposal of hazardous and other waste. The application for obtaining authorization is to be made in Form 1 to the State Pollution Control Board [Rule 6(1)]. The Board will conduct inquiry and after being satisfied that the applicant possesses technical capabilities and equipment required for complying with the standard operating procedures or other guidelines as specified by the Central Pollution Control Board grant authorization within a period of one hundred twenty days in Form 2 [Rule 6(2)]. The State Pollution Control Board may after giving reasonable opportunity to the applicant to be heard refuse to grant authorization [Rule 6(4)]. The reasons for the same may be recorded. The Board can also impose conditions on the applicant and shall maintain a register for keeping the records of the same [Rule 6(6)]. The authorization shall be valid for a period of five years [Rule 6(2)]. The application for renewal of authorization may be made three months before the expiry of such authorization. The applicant who has been authorized shall maintain records of hazardous and other wastes in a passbook issued by the State Pollution Control Board. [Rule 6(7) and 6(8)]

 

The Board has the power to suspend or cancel the authorization if the holder of the authorization has failed to comply with the conditions or has failed to comply with any other Rule or any provision of the Environment (Protection) Act, 1986 under which these Rules have been framed. Before suspension or cancellation of authorization the holder of the authorization should be heard and reasons for suspension or cancellation must be recorded in writing. The authorization can be suspended or cancelled for such period as is necessary in public interest [Rule 7].

However, no authorization is required if a person was authorized under the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 till the period of expiry of authorization under those Rules. [Proviso to Rule 6(1)]

 

Utilization of Hazardous and other wastes

The utilization of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use including within the premises of the generator (if it is not part of process) shall be carried out only after obtaining authorization from the State Pollution Control Board. The utilization is to be made on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board [Rule 9(1)]. In cases, where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall grant approval on the basis of trial runs [Rule 9(2)]

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 the sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilization of such wastes. These records must be made available for inspection. However, this period can be extended by the State Pollution Control Board in cases where (i) occupiers do not have access to any treatment, storage, disposal facility in the concerned State; or (ii) where the waste needs to be specifically stored for development of a process for its recycling, recovery, pre-processing, co-processing or utilization. The period can be extended to one hundred and eighty days in case of (i) small generators (up to ten tonnes per annum); (ii) actual users and disposal facility operators or in any other case on justifiable grounds. [Rule 8]

Import and Export of Hazardous and other Wastes

The Rules prohibit import of hazardous and other wastes specified in Schedule VI [Rule 12(6)]. The Rules also prohibit import of hazardous and other wastes for disposal [Rule 12(1)]. However, the import shall be permitted for recycling, recovery, reuse and utilization including co-processing. The Ministry of Environment, Forest and Climate Change is the nodal Ministry to deal with the transboundary movement of the hazardous and other wastes [Rule 11].

 

The wastes that can be imported are specified in Schedule III attached to the Rules. The items mentioned in Part A of Schedule III can be imported with the prior informed consent of the exporting country and permission of the Ministry of Environment, Forest and Climate Change. The items mentioned in Part B of Schedule III can be imported by the actual users with the permission of the Ministry of Environment, Forest and Climate Change. The permission can be obtained by applying in Form 5 to the Ministry. The Ministry shall examine the application and the comments and observations (if any) received from the State Pollution Control Board and may grant the permission for import within a period of sixty days subject to the condition that the importer has – (i) the environmentally sound facilities; (ii) adequate arrangements for treatment and disposal of wastes generated; (iii) a valid authorisation and consent from the State Pollution Control Board; and (iv) prior informed consent from the exporting country in case of Part A of Schedule III wastes.

The items mentioned in Part D of the Schedule can be imported without permission subject to furnishing of information to Custom authorities in Form 6 accompanied by requisite documents.

Export- The export of hazardous and other wastes from India listed in Part A, Part B, Part C of Schedule III and Schedule VI shall be with the permission of Ministry of Environment, Forest and Climate Change. The application for the same is o filed with the Ministry in Form 5. The Ministry may impose conditions for export. The exporter has to maintain records of the same and has to ensure that the shipment is accompanied with movement document in Form 6. [Rule 14]

Illegal Traffic

 

The export and import of hazardous or other wastes shall be deemed illegal if:

  • it is without permission of the Central Government in accordance with these rules; or
  • the permission has been obtained through falsification, mis-representation or fraud; or
  • it does not conform to the shipping details provided in the movement documents; or
  • it results in deliberate disposal (i.e. dumping) of hazardous or other waste in contravention of the Basel Convention and general principles of international or domestic law. [Rule 15]

Treatment, storage and disposal facility for hazardous and other wastes

The state government, occupier, operator of a facility or any association of occupiers shall be individually or jointly or severally responsible for identification of sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the State. The State Pollution Control Board shall monitor the setting up and operation of this facility regularly. [Rule 16]

Where an accident occurs during transportation or at the facility of the occupier or operator of a facility handling hazardous or other wastes, 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]

 

Packaging, Labeling and Transport of Hazardous and other Wastes

Any occupier of a place or operator of a facility handling hazardous and other waste shall ensure that the hazardous and other wastes are packaged in a suitable manner for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time. The label shall be of non-washable material, weather proof and easily visible and shall comply with other conditions mentioned in Form 8. [Rule 17]

The transportation of hazardous and other wastes shall be in accordance with 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. The waste shall be accompanied by movement documents in Form 10.[ Rule 19] The transported wastes should be labeled properly and the transporter should be provided with the information about the measures to be taken in case of an emergency. [Rule 18]

 

Liability under the Rules

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. 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 [Rule 23].

 

Appeal

Any person aggrieved by an order of suspension or cancellation or refusal of authorization or its renewal passed by the State Pollution Control Board may prefer an appeal in Form 12 to the Appellate Authority, namely, the Environment Secretary of the State. The appeal shall be filed within a period of thirty days from the date on which the order is communicated to him. The Appellate Authority may entertain the appeal after expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Every appeal shall be disposed of within a period of sixty days from the date of its filing. [Rule 24]

Judicial Attitude

Research Foundation for Science v Union of India (2000) 9 SCC 42, The SC made it clear that the Union of India will ensure that the disposal of hazardous wastes does not in any way lead to any environmental pollution. No disposal should take place in favour of traders. It was also noted that there was lack of concerted and consistent effort on part of the MoEF to show implementation of hazardous waste rules and SC appointed a high powered committee in this regard.

Ganpathi Metals v M.S.T.C Ltd (2005) 12 SCC 169, the SC clarified that the rules relating to disposal of hazardous wastes , imposing statutory obligations , shall be applicable to the parties concerned irrespective of the fact whether they have been referred to in the tender notification.

 

Conclusion

To conclude, disposal of hazardous and other waste in a non scientific manner leads to environmental pollution, degradation and health related problems. In addition to this, the workers employed in such unscientific practices suffer from a number of health related problems. The Rules have been framed in order to ensure resource recovery and disposal of hazardous waste in environmentally sound manner. The Rules should be followed in spirit so that the hazardous and other wastes are reused, recycled, recovered, utilized and disposed off in a safe and environment friendly manner.

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REFERENCES

 

1.    Hazardous Wastes (Management, Handling and Transboundary Movement) Amendment Rules, 2016

2.   Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008

3.   Hazardous Wastes (Management and Handling) Rules, 1989

4.   Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

5.   Bio- Medical Waste (Management and Handling) Rules, 1998.

6.   The Environment (Protection) Act, 1986

7.    B. K. Sinha, Environment, Pollution and Health Hazards, PAH Publications, New Delhi, 2008.

8.   Dr. Paramjit S. Jaswal, Dr. Nishtha Jaswal and Vibhuti Jaswal, Envrionmental Law, Allahadbad Law Agency, Faridabad.

9.   Sumeet Malik, Environmental Law, Eastern Book Company Lucknow.

10.  Arya Tripathi, India: Waste Management in India: An Overview, PSA Legal Counsellors.

11.  Nursadh Ali, Natural Resource Management and Sustainable Development in North- East India, Mittal Publications, New Delhi.

12.  Gurdip Singh, Environmental Law in India, Macmillan, India, 2005.

13.  http://www.moef.nic.in/hazardous_substances_management