Section 2 in The Hazardous Wastes (Management And Handling) Rules, 1989
2. Application .-These rules shall apply to [the handling of] hazardous wastes as specified in the [Schedules] [ Substituted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000).] and shall not apply to-
(a)waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder;(b)wastes arising out of the operation from ships beyond five kilometres as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder;(c)radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder;(d)[ bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act; [ Inserted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).](e)wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act; and(f)the lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001 made under the Act.][3. Definitions .-In these rules, unless the context otherwise requires,-(1)"Act" means the Environment (Protection) Act, 1986 (29 of 1986);(2)"applicant" means a person or an organisation that applies, in Form I, for granting of authorisation to perform specific activities connected with handling of hazardous wastes;(3)"auction" means bulk sale of wastes by invitation of tenders or auction, contract or negotiation by individual(s), companies or Government departments;(4)"auctioneer" means a person or an organisation that auctions wastes;(5)"authorisation" means permission for collection, transport, treatment, reception, storage and disposal of hazardous wastes, granted by the competent authority in Form 2;(6)"authorised person" means a person or an organisation authorised by the competent authority;(7)"Central Pollution Control Board" means the Central Board constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);(8)"disposal" means deposit, treatment, recycling and recovery of any hazardous wastes;(9)"export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India;(10)"exporter" means any person under the jurisdiction of the exporting country which exports hazardous wastes and the exporting country itself, who exports hazardous wastes;(11)"environmentally sound management of hazardous wastes" means taking all steps required to ensure that the hazardous wastes are managed in a manner which will protect health and the environment against the adverse effects which may result from such wastes;(12)"facility" means any location wherein the processes incidental to the waste generation, collection, reception, treatment, storage and disposal are carried out;(13)"Form" means a Form appended to these rules;(14)"hazardous waste" means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-(a)wastes listed in column (3) of Schedule 1;(b)wastes having constituents listed in Schedule 2 if their concentration is equal to or more than the limit indicated in the said Schedule; and(c)wastes listed in Lists "A" and "B" of Schedule 3 (Part A) applicable only in case(s) of import or export of hazardous wastes in accordance with rules 12, 13 and 14 if they possess any of the hazardous characteristics listed in Part B of Schedule 3.Explanation .-For the purposes of this clause,-(i)all wastes mentioned in column (3) of Schedule 1 are hazardous wastes irrespective of concentration limits given in Schedule 2 except as otherwise indicated and Schedule 2 shall be applicable only for wastes or waste constituents not covered under column (3) of Schedule 1;(ii)Schedule 3 shall be applicable only in case(s) of import or export;(15)"hazardous wastes site" means a place for collection, reception, treatment, storage and disposal of hazardous wastes which has been duly approved by the competent authority;(16)"illegal traffic" means any transboundary movement of hazardous wastes as specified in rule 15;(17)"import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;(18)"importer" means an occupier or any person who imports hazardous wastes;(19)"manifest" means transporting document(s) prepared and signed by the occupier in accordance with rule 7;(20)"non-ferrous metal wastes" means wastes listed in Schedule 4;(21)"operator of facility" means a person who owns or operates a facility for collection, reception, treatment, storage and disposal of hazardous wastes;(22)"recycler" means an occupier who procures and processes wastes for recovery;(23)"recycling of waste oil" means reclamation by way of treatment to separate solids and water from waste oils using methods such as heating, filtering gravity settling, centrifuging, dehydration, viscosity and specific gravity adjustment;(24)"registered re-refiner or recycler" means a re-refiner or recycler registered for reprocessing wastes with the Ministry of Environment and Forests or the Central Pollution Control Board, as the case may be, for reprocessing wastes;(25)"re-refining of used oil" means applying a process to the material composed of used oil so as to produce high quality base stock for further manufacture of lubricants or for other petroleum products by blending or any other process;(26)"Schedule" means a Schedule appended to these rules;(27)"State Government" means a State Government and in relation to a Union territory, the Administrator thereof appointed under article 239 of the Constitution;(28)"State Pollution Control Board or Committee" means the Board or Committee constituted under sub-section (1) of section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);(29)"storage" means storing hazardous wastes for a temporary period, at the end of which the hazardous wastes is treated and disposed off;(30)"transboundary movement" means any movement of hazardous waste or other wastes from an area under the national jurisdiction of one country to or through an area under the national jurisdiction of another country or to or through an area not under the national jurisdiction of any country, provided at least two countries are involved in the movement;(31)"transport" means off-site movement of hazardous waste by air, rail, road or water;(32)"transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, road or water;(33)"treatment" means a method, technique or process, designed to change the physical, chemical or biological characteristics or composition of any hazardous waste so as to render such wastes harmless;(34)"used oil" means any oil-(i)derived from crude oil or mixtures containing synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and their tank bottom sludges; and(ii)suitable for re-refining if it meets the specifications laid down in Schedule 5, but does not include waste oil;(35)"waste oil" means any oil-(i)which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships; and(ii)is unsuitable for re-refining, but can be used as fuel in furnaces if it meets the specifications laid down in Schedule 6;(36)words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.]
