Union of India - Act
The Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016
UNION OF INDIA
India
India
The Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016
Rule THE-HAZARDOUS-AND-OTHER-WASTES-MANAGEMENT-AND-TRANSBOUNDARY-MOVEMENT-RULES-2016 of 2016
- Published on 4 April 2016
- Commenced on 4 April 2016
- [This is the version of this document from 4 April 2016.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Application.
- These rules shall apply to the management of hazardous and other wastes as specified in the Schedules to these rules but shall not apply to -3. Definitions.
1. "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
2. "actual user" means an occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, pre-processing, utilisation including co-processing;
3. "authorisation" means permission for generation, handling, collection, reception, treatment, transport, storage, reuse, recycling, recovery, pre-processing, utilisation including co-processing and disposal of hazardous wastes granted under sub-rule (2) of rule 6;
4. "Basel Convention" means the United Nations Environment Programme Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal;
5. "captive treatment, storage and disposal facility" means a facility developed within the premises of an occupier for treatment, storage and disposal of wastes generated during manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of hazardous and other wastes;
6. "Central Pollution Control Board" means the Central Pollution Control Board constituted under subsection (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
7. "common treatment, storage and disposal facility" means a common facility identified and established individually or jointly or severally by the State Government, occupier, operator of a facility or any association of occupiers that shall be used as common facility by multiple occupiers or actual users for treatment, storage and disposal of the hazardous and other wastes;
8. "co-processing" means the use of waste materials in manufacturing processes for the purpose of energy or resource recovery or both and resultant reduction in the use of conventional fuels or raw materials or both through substitution;
9. "critical care medical equipment" means life saving equipment and includes such equipment as specified by the Ministry of Health and Family Welfare from time to time;
10. "disposal" means any operation which does not lead to reuse, recycling, recovery, utilisation including coprocessing and includes physico-chemical treatment, biological treatment, incineration and disposal in secured landfill;
11. "export", with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
12. "exporter" means any person or occupier under the jurisdiction of the exporting country who exports hazardous or other wastes, including the country which exports hazardous or other waste;
13. "environmentally sound management of hazardous and other wastes" means taking all steps required to ensure that the hazardous and other wastes are managed in a manner which shall protect health and the environment against the adverse effects which may result from such waste;
14. "environmentally sound technologies" means any technology approved by the Central Government from time to time;
15. "facility" means any establishment wherein the processes incidental to the generation, handling, collection, reception, treatment, storage, reuse, recycling, recovery, pre-processing, co-processing, utilisation and disposal of hazardous and, or, other wastes are carried out;
16. "Form" means a form appended to these rules;
17. "hazardous waste" means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, and shall include -
18. "import", with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
19. "importer" mean any person or occupier who imports hazardous or other waste;
20. "manifest" means transporting document prepared and signed by the sender authorised in accordance with the provisions of these rules;
21. "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 and other wastes, the person in possession of the hazardous or other waste;
22. "operator of disposal facility" means a person who owns or operates a facility for collection, reception, treatment, storage and disposal of hazardous and other wastes;
23. "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;
24. "pre-processing" means the treatment of waste to make it suitable for co-processing or recycling or for any further processing;
25. "recycling" means reclamation and processing of hazardous or other wastes in an environmentally sound manner for the originally intended purpose or for other purposes;
26. "reuse" means use of hazardous or other waste for the purpose of its original use or other use;
27. "recovery" means any operation or activity wherein specific materials are recovered;
28. "Schedule" means a Schedule appended to these rules;
29. "State Government" in relation to a Union territory means, the Administrator thereof appointed under article 239 of the Constitution;
30. "State Pollution Control Board" means the State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and includes, in relation to a Union territory, the Pollution Control Committee;
31. "storage" mean storing any hazardous or other waste for a temporary period, at the end of which such waste is processed or disposed of;
32. "transboundary movement" means any movement of hazardous or other 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 that at least two countries are involved in the movement;
33. "transport" means off-site movement of hazardous or other wastes by air, rail, road or water;
34. "transporter" means a person engaged in the off-site transportation of hazardous or other waste by air, rail, road or water;
35. "treatment" means a method, technique or process, designed to modify the physical, chemical or biological characteristics or composition of any hazardous or other waste so as to reduce its potential to cause harm;
36. "used oil" means any oil-
37. "utilisation" means use of hazardous or other waste as a resource;
38. "waste" means materials that are not products or by-products, for which the generator has no further use for the purposes of production, transformation or consumption.
Explanation. - for the purposes of this clause,39. "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.
40. [ "waste collector" means a person who collects hazardous and other wastes on behalf of actual user or operator of disposal facility from the occupier;] [Inserted by Notification No. G.S.R. 178(E), dated 1.3.2019 (w.e.f. 4.4.2016).]
Chapter II
Procedure for Management of Hazardous and other Wastes
4. Responsibilities of the occupier for management of hazardous and other wastes.
5. Responsibilities of State Government for environmentally sound management of hazardous and other wastes.
6. Grant of authorisation for managing hazardous and other wastes.
7. Power to suspend or cancel an authorisation.
8. Storage of hazardous and other wastes.
9. Utilisation of hazardous and other wastes.
10. Standard Operating Procedure or guidelines for actual users.
- The Ministry of Environment, Forest and Climate Change or the Central Pollution Control Board may issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes from time to time.Chapter III
Import and Export of Hazardous and other Wastes
11. Import and export (transboundary movement) of hazardous and other wastes.
- The Ministry of Environment, Forest and Climate Change shall be the nodal Ministry to deal with the transboundary movement of the hazardous and other wastes in accordance with the provisions of these rules.12. Strategy for Import and export of hazardous and other wastes.
13. Procedure for import of hazardous and other wastes.
14. Procedure for Export of hazardous and other wastes from India.
15. Illegal traffic.
16. Treatment, storage and disposal facility for hazardous and other wastes.
17. Packaging and Labelling.
18. Transportation of hazardous and other wastes.
19. Manifest system (Movement Document) for hazardous and other waste to be used within the country only.
| Copy number with colour code | Purpose |
| (1) | (2) |
| Copy 1(White) | To be forwarded by the sender to the State Pollution ControlBoard after signing all the seven copies. |
| Copy 2(Yellow) | To be retained by the sender after taking signature on it fromthe transporter and the rest of the five signed copies to becarried by the transporter. |
| Copy 3(Pink) | To be retained by the receiver (actual user or treatmentstorage and disposal facility operator) after receiving the wasteand the remaining four copies are to be duly signed by thereceiver. |
| Copy 4(Orange) | To be handed over to the transporter by the receiver afteraccepting waste. |
| Copy 5(Green) | To be sent by the receiver to the State Pollution ControlBoard. |
| Copy 6(Blue) | To be sent by the receiver to the sender. |
| Copy 7(Grey) | To be sent by the receiver to the State Pollution ControlBoard of the sender in case the sender is in another State. |