Section 5 in The Hazardous Wastes (Management And Handling) Rules, 1989
5. Grant of authorisation for handling hazardous wastes .-(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose.
(2)Every occupier handling, or a recycler recycling, hazardous wastes shall make an application in Form 1 to the Member-Secretary, State Pollution Control Board or Committee, as the case may be or any officer designated by the State Pollution Control Board or Committee for the grant of authorisation for any of the said activities:Provided that an occupier or a recycler not having a hazardous wastes treatment and disposal facility of his own and is operating in an area under the jurisdiction assigned by the State Pollution Control Board or Committee, as the case may be, for a common Treatment, Storage and Disposal Facility (TSDF) shall become a member of this facility and send his waste to this facility to ensure proper treatment and disposal of hazardous wastes generated failing which the authorisation granted to the said occupier or recycler in accordance with this sub-rule may be cancelled after giving a reasonable opportunity to such occupier or recycler, as the case may be, of being heard or shall not to be granted by the State Pollution Control Board or Committee, as the case may be.(3)[ Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the Member-Secretary, State Pollution Control Board or Committee for the grant of authorisation for all or any of the above activities specified in this rule.](4)The [Member-Secretary, [State Pollution Control Board or any officer designated by the Board] [Inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000). ][or Committee] [Inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000). ] shall not issue an authorisation unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.[(4-A) The authorisation application complete in all respects shall be processed by the State Pollution Control Boards within ninety days of the receipt of such application.] [ Substituted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000).](5)The authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.(6)[(i) An authorisation granted under this rule shall, unless suspended or cancelled, be in force during the period of its validity as specified by the State Pollution Control Board or Committee from the date of issue or from the date of renewal, as the case may be.] [ Substituted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).](ii)An application for the renewal of an authorisation shall be made in Form 1, before its expiry.(iii)The authorisation shall continue to be in force until it is renewed or revoked.(7)The [Member-Secretary, [State Pollution Control Board or any officer designated by the Board] [Substituted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000). ] [or Committee] [Substituted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000). ] may, after giving reasonable opportunity of being heard to the applicant, refuse to grant any authorisation.(8)[ The Member-Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted under sub-rule (6), after examining each case on merit, subject to the following,-] [Inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000). ](i)on submission of annual returns by the occupier or operator of facility in Form 4;(ii)[ on steps taken, by the applicant wherever feasible, for reduction and prevention in the waste generated or for recycling or reuse;] [ Substituted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).](iii)on fulfilment of conditions prescribed in the authorisation regarding management in an environmentally sound manner of wastes; and[* * *] [ Clause (iv) omitted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).](9)[ Every State Pollution Control Board or Committee shall maintain a register containing particulars of the conditions imposed under these rules for any disposal of hazardous wastes, on any land or premises and it shall be open for inspection during office hours to any person interested or affected or a person authorised by him in this behalf. The entries in the register shall be considered as proof of grant of authorisation for management and handling of hazardous wastes on such land or premises and the conditions subject to which it was granted.] [ Inserted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).]
