Section 5 in The Hazardous Wastes (Management, Handling And Transboundary movement) Rules, 2008*
5. Grant of authorisation for handling hazardous wastes.-
(1)Every person who is engaged in generation, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of the hazardous waste shall require to obtain an authorisation from the State Pollution Control Board.(2)The hazardous waste shall be collected, treated, re-cycled, re-processed, stored or disposed of only in such facilities as may be authorised by the State Pollution Control Board for the purpose.(3)Every person engaged in generation, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of the hazardous waste or occupier of the facility shall make an application in Form 1 to the State Pollution Control Board for authorisation within a period of sixty days from the date of commencement of these rules:Provided that any person authorised under the provisions of the Hazardous Waste (Management and Handling) Rules, 1989, prior to the date of cominginto force of these rules, shall not require to make an application for authorisation till the period of expiry of such authorisation.(4)On receipt of the application complete in all respects for the authorisation, the State Pollution Control Board may, after such inquiry as it considers necessary and on being satisfied that the applicant possesses appropriate facilities, technical capabilities and equipment to handle hazardous waste safely, grant within a period of one hundred and twenty days an authorisation in Form 2 to the applicant which shall be valid for a period of five years and shall be subject to such conditions as may be laid down therein.(5)The State Pollution Control Board may after giving reasonable opportunity of being heard to the applicant refuse to grant any authorisation.(6)Every person authorised under these rules shall maintain the record ofhazardous wastes handled by him in Form 3 and prepare and submit to the State Pollution Control Board, an annual return containing the details specified in Form 4 on or before the 30th day of June following to the financial year to which that return relates.(7)An application for the renewal of an authorisation shall be made in Form 1, before its expiry and the State Pollution Control Board may renew the authorisation after examining each case on merit subject to the condition that there has been no report of violation of the provisions of the Act or the rules made thereunder or conditions specified in the authorisation.(8)The occupier or operator of the facility shall take all the steps, wherever required, for reduction and prevention of the waste generated or for recycling or reuse and comply the conditions specified in the authorisation.(9)The State Pollution Control Board shall maintain a register containing particulars of the conditions imposed under these rules for management of hazardous waste, and it shall be open for inspection during office hours to any person interested or affected or a person authorised by him on his behalf.
