Section 19 in The Hazardous Wastes (Management And Handling) Rules, 1989
19. [ Procedure for registration and renewal of registration of recyclers and re-refiners
.-(1) Every person desirous of recycling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil shall register himself with the Central Pollution Control Board:Provided that no owner or occupier of an industrial unit having captive recycling of non-ferrous metals or recycling of waste oil or re-refining of used oil facility shall be required to register under these rules:Provided further that no person who has registered with the Ministry of Environment and Forests before the commencement of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003, shall, unless such registration is cancelled or ceases to operate under sub-rule (3) of rule 21, be required to register under this sub-rule as given in the certificate of registration.(2)Every application for registration under this rule shall be made in Form 11 alongwith a copy each of the following documents to the Central Pollution Control Board for the grant of such registration or renewal:-(a)letter of consents granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981;(b)authorisation granted under rule 5 of these rules;(c)certificate of registration with District Industries Centre;(d)proof of installed capacity of plant and machinery issued by either State Pollution Control Board or Committee or the District Industries Centre; and(e)report from the State Pollution Control Board or Committee regarding proof of compliance of effluent and emission standards and treatment and disposal of hazardous wastes as stipulated by that Board or Committee.(3)If the Central Pollution Control Board is satisfied that the recyclers or re-refiners possess requisite facilities, technical capabilities, and equipment to recycle or re-refine the wastes and dispose of the hazardous wastes generated, it shall grant a certificate of registration to such recycler or re-refiner, as the case may be.(4)The Central Pollution Control Board shall dispose of the application for registration within 120 days of receipt of such application with complete details.(5)The certificate of registration granted under sub-rule (3) shall be valid for a period of two years from the date of its issue unless suspended or cancelled earlier.(6)Every application for renewal of registration of a certificate of registration granted under sub-rule (3) shall be made in Form 11 alongwith the documents mentioned in sub-rule (2) at least two months before the expiry of the period of validity of such certificate. The Central Pollution Control Board shall renew the registration of the recycler or re-refiner granted under sub-rule (3) after examining each case on merit.(7)The Central Pollution Control Board may, after giving reasonable opportunity to the applicant of being heard, by order, refuse to grant certificate of registration of renewal.(8)The Central Pollution Control Board may cancel or suspend a registration or renewal granted under these rules, if in its opinion 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 him an opportunity of being heard and after recording the reasons therefor.(9)An appeal against any order of suspension or cancellation or refusal of registration or renewal passed by Central Pollution Control Board shall lie with the Secretary, Ministry of Environment and Forests (hereafter referred to as the appellate authority).(10)The memorandum of appeal under sub-rule (9) shall be in writing and shall be accompanied with a copy of the order appealed against and shall be presented within 30 days of passing of the order:Provided that the appellate authority may allow a memorandum of appeal to be filed after the expiry of the said period of thirty days, but in no case later than 45 days if the appellate authority is satisfied that there exists sufficient cause for not preferring the appeal in time.(11)On receipt of a memorandum of appeal under sub-rule (9) the appellate authority shall within ninety days from the date of receipt of such memorandum of appeal and after giving the appellant an opportunity of being heard pass such order as he may deem fit.(12)In case of units registered with the Ministry of Environment and Forests or the Central Pollution Control Board for items placed under "free category" in Notification Nos. 22 (RE-99) 1997-2002 dated 30th July, 1999; 26 (RE-99) 1997-2002 dated 10th September, 1999; 38 (RE-2000) 1997-2002 dated 16th October, 2000 and 6 (RE-2001) dated 31st March, 2001 issued by the Directorate-General of Foreign Trade and other similar notifications issued based on the advice of Ministry of Environment and Forests, prior import permission from that Ministry shall not be required.(13)Recyclers and re-refiners registered with the Government of India in the Ministry of Environment and Forests or the Central Pollution Control Board shall maintain a record of wastes purchased, processed and sold and shall file an annual return in Form 12 to the respective State Pollution Control Board or Committee, as the case may be, latest by 31st January of every year.
