Section 16 in The Hazardous Wastes (Management, Handling And Transboundary movement) Rules, 2008*
16. Procedure for import of hazardous waste.-
(1)A person intending to import or transit for transboundary movement of hazardous wastes specified in Schedule III shall apply in Form 7 and Form 8 to the Central Government of the proposed import wherever applicable, together with the Prior Informed Consent, whichever applicable and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board to enable them to send their comments and observations, if any, to the Ministry of Environment and Forests within a period of thirty days.(2)On receipt of the application in complete, the Ministry of Environment and Forests shall examine the application considering the comments and observations, if any, received from the State Pollution Control Boards, 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 recycling, recovery or reuse facilities;(ii)adequate facilities and arrangement for treatment and disposal of wastes generated; and(iii)a valid registration from the Central Pollution Control Board and a proof of being an actual user, if required under these rules.(3)The Ministry of Environment and Forests shall forward a copy of the permission granted under sub-rule (2) to the Central Pollution Control Board, the concerned State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and safe handling of the hazardous waste.(4)The Ministry of Environment and Forests shall communicate the permission to the importer.(5)The Port and Customs authorities shall ensure that shipment is accompanied by the movement document in Form 9 and the test report of analysis of the hazardous waste consignment in question, from a laboratory accredited by the exporting country:[Provided that the Port or Customs authorities shall, in case of import of hazardous wastes covered under Basel numbers B1010, B1040, B1050, B1100, B1230 and B3020 as specified in Part B of the Schedule III, ensure that shipment is accompanied by the Movement Document in Form 9 and preshipment inspection certificate issued by the inspection agency certified by the exporting country.] [ Inserted by S.O. 1799(E), dated 21.7.2009 (w.e.f. 21.7.2009).](6)The Customs authority shall collect three randomly drawn samples of the consignment (prior to clearing the consignment as per the provisions laid down under the Customs Act, 1962) for analysis and retain the report for a period of two years, in order to ensure that in the event of any dispute, as to whether the consignment conforms or not to the declaration made in the application and movement document.[(6-A) Nothing contained in sub-rule (6) shall apply to the hazardous wastes covered under the Basel Numbers B1010, B1040, B1050, B1100, B1230 and B3020 as specified in Part B of the Schedule III:Provided that the Customs authority may, at any time if it considers necessary, make random inspection of the consignment prior to clearing the consignment.] [Inserted by S.O. 1799(E), dated 21.7.2009 (w.e.f. 21.7.2009). ](7)The importer of the hazardous waste shall maintain records of the hazardous waste imported by him in Form 10 and the record so maintained shall be available for inspection.(8)The importer shall also inform the concerned State Pollution Control Board and the Central Pollution Control Board, the date and time of the arrival of the consignment of the hazardous waste ten days in advance.
