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Union of India - Section

Section 11 in The E-waste (Management and Handling) Rules, 2011

11. Procedure for grant of registration. -

(1)Every dismantler or recycler of e-waste shall make an application, within a period of three months starting from the date of commencement of these rules, in Form-4 in triplicate to the State Pollution Control Board accompanied with a copy of the following documents for the grant or renewal of registration:-
(i)consent to establish granted by the State Pollution Control Board under Water (Prevention and Control of Pollution) Act, 1974, (25 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981);
(ii)certificate of registration issued by the District Industries Centre or any other government agency authorized in this regard;
(iii)proof of installed capacity of plant and machinery issued by the District Industries Centre or any other government agency authorized in this behalf;
(iv)in case of renewal, a certificate of compliance of effluent and emission standards, treatment and disposal of hazardous wastes as applicable from the State Pollution Control Board or Committee of the Union territories or any other agency designated for this purpose:
Provided that any person registered under the provisions of the Hazardous Wastes (Management, Handling and Transboundary Movements) Rules, 2008, prior to the date of coming into force of these rules shall not be required to make an application for registration till the period of expiry of such registration: Provided further that a recycler of e-waste who has not been registered under the provisions of the Hazardous Waste (Management, Handling and Transboundary Movements) Rules, 2008, shall require registration following the procedure mentioned in sub-rule (1) of rule 11.
(2)The State Pollution Control Board, on being satisfied that the application is complete in all respects and that the applicant is utilizing environmentally sound technologies and possess adequate technical capabilities, requisite facilities and equipment to recycle and process e-waste, may grant registration to such applicants stipulating therein necessary conditions as deemed necessary for carrying out safe operations in the authorized, place only.
(3)The State Pollution Control Board shall dispose of the application for registration within a period of ninety days from the date of the receipt of such application complete in all respects.
(4)The registration granted under these rules shall be valid initially for a period of two years and thereafter for a period of maximum five years on subsequent renewals from the date of its issue, unless the operation is discontinued by the unit or the registration suspended or cancelled by the State Pollution Control Board.
(5)The State Pollution Control Board may after giving reasonable opportunity of being heard to the applicant, by order, refuse to grant or renew.
(6)The State Pollution Control Board shall monitor the compliance of conditions stipulated for granting registration.
(7)The State Pollution Control Board may cancel or suspend a registration granted under these rules, if it has reasons to believe that the registered recycler has failed to comply with any of the conditions of registration, or with any provisions of the Act or rules made thereunder, after giving an opportunity to the recycler to be heard and after recording the reasons therefor.
(8)An application for the renewal of registration shall be made in Form-4 before sixty days of its expiry and the State Pollution Control Board or Pollution Control Committee may renew the registration after examining each case on merit and subject to the condition that there is no report of violation of the provisions of the Act or the rules made thereunder or the conditions specified in the registration.
(9)The dismantler or recycler shall maintain records of the e-waste purchased and processed and shall file annual returns of its activities of previous year in Form 3 to the State Pollution Control Board or Pollution Control Committee on or before 30th day of June of every year.
(10)The Central Government and the Central Pollution Control Board may issue guidelines for standards of performance for recycling processes from time-to-time.