Section 3(1) in The Hazardous Wastes (Management, Handling And Transboundary movement) Rules, 2008*
(1)In these rules, unless the context otherwise requires,(a)"Act" means the Environment (Protection) Act, 1986 (29 of 1986);(b)"authorisation" means permission for generation, handling, collection, reception, treatment, transport, storage, recycling, reprocessing, recovery, reuse and disposal of hazardous wastes granted under sub-rule (4) of rule 5;(c)"Basel Convention" is the United Nations Environment Programme Convention on the Control of Transboundary Movement of Hazardous Wastes and their disposal;(d)"Central Pollution Control Board" means the Central Pollution Control Board constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);(e)"disposal" means any operation which does not lead to recycling, recovery or reuse and includes physico-chemical, biological treatment, incineration and disposal in secured landfill;(f)"export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India;(g)"exporter" means any person under the jurisdiction of the exporting country who exports hazardous waste including the country, which exports hazardous waste;(h)"environmentally sound management of hazardous wastes" means taking all steps required to ensure that the hazardous wastes are managed in a manner which shall protect health and the environment against the adverse effects which may result from such waste;(i)"environmentally sound technologies" means any technology approved by the Central Government from time to time;(j)"facility" means any establishment wherein the processes incidental to the handling, collection, reception, treatment, storage, recycling, recovery, reuse and disposal of hazardous wastes are carried out;(k)"Form" means a form appended to these rules;(L)"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(i)waste specified under column (3) of Schedule I,(ii)wastes having constituents specified in Schedule II if their concentration is equal to or more than the limit indicated in the said Schedule, and(iii)wastes specified in Part A or Part B of the Schedule III in respectof import or export of such wastes in accordance with rules 12, 13 and 14 or the wastes other than those specified in Part A or Part B if they possess any of the hazardous characteristics specified in Part C of that Schedule;(m)"hazardous waste site" means a place of collection, reception, treatment, storage of hazardous wastes and its disposal to the environment which is approved by the competent authority;(n)"import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;(o)"importer" means an occupier or any person who imports hazardous waste;(p)"manifest" means transporting document prepared and signed by the occupier or his representative authorised in accordance with the provisions of these rules;(q)"occupier" in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any hazardous waste the person in possession of the hazardous waste;(r)"operator of disposal facility" means a person who owns or operates a facility for collection, reception, treatment, storage or disposal of hazardous wastes;(s)"recycler or reprocessor or actual user" means an occupier who procures and processes hazardous waste for recycling or recovery or re-use;(t)"recycling" means reclamation and reprocessing of hazardous waste in an environmentally sound manner for the original purpose or for other purposes;(u)"reuse" means use of hazardous waste for the purpose of its original use or other use;(v)"recovery" means any operation in the recycling activity wherein specific materials are recovered;(w)"Schedule" means a Schedule appended to these rules;_(x)"State Government" in relation to a Union territory means, the Administrator thereof appointed under article 239 of the Constitution;(y)"State Pollution Control Board" means the State Pollution Control Board or the Pollution Control Committee constituted under sub-section (1) of section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);(z)"storage" means storing any hazardous waste for a temporary period, at the end of which such waste is processed or disposed of;(za)"transboundary movement" means any movement of hazardous wastes from an area under the jurisdiction of one country to or through an area under the jurisdiction of another country or to or through an area not under the jurisdiction of any country, provided at least two countries are involved in the movement;(zb)"transport" means off-site movement of hazardous wastes by air, rail, road or water;(zc)"transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, road or water;(zd)"treatment" means a method, technique or process, designed to modify the physical, chemical or biological characteristics or composition of any hazardous waste so as to reduce its potential to cause harm;(ze)"used oil" means any oil(a)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(b)suitable for reprocessing, if it meets the specification laid down in Part A of Schedule V but does not include waste oil;(zf)"waste oil" means any oil which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships and can be used as fuel in furnaces for energy recovery, if it meets the specifications laid down in Part B of Schedule V either as such or after reprocessing.
