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Union of India - Section

Section 13 in The Hazardous Wastes (Management And Handling) Rules, 1989

13. [ Import of hazardous waste

.- [(1) Every occupier seeking to import hazardous wastes shall apply to the State Pollution Control Board or Committee at least 120 days in advance of the intended date of commencement of the shipment in Form 6.]
(2)[ The State Pollution Control Board shall examine the application received from the occupier within thirty days and forward the application with recommendation and requisite stipulations for safe transport, storage and processing, to the Ministry of Environment and Forests.
(3)The Ministry of Environment and Forests, Government of India will examine the application received from the State Pollution Control Board and after satisfying itself will grant permission for imports subject to the following:-
(a)environmentally friendly/appropriate technology used for re-processing;
(b)the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner;
(c)presence of adequate facility for treatment and disposal of wastes generated; and
(d)approvals, no objection certificates and authorisations from all concerned authorities; and
[* * *]
(4)[ The Ministry of Environment and Forests, Government of India, shall forward a copy of the permission granted, to the Central Pollution Control Board, the State Pollution Control Board and the concerned port and customs authorities for ensuring compliance of the conditions of imports and to take appropriate steps for safe handling of the waste at the time of off-loading.
(5)An application for licence to the Directorate-General of Foreign Trade for import shall be accompanied with the permission granted by the Ministry of Environment and Forests, Government of India under sub-rule (3) to the importer and an authenticated copy of Form 7 of the exporter under sub-rule (3) of rule 14.
(6)The port and custom authorities shall ensure that the shipping document is accompanied with an authenticated copy of Form 7 and the test report from an accredited laboratory of analysis of the hazardous waste shipped.
(7)The occupier having valid permission to import shall inform the State and Central Pollution Control Board and the port authorities of the arrival of the consignment of hazardous wastes ten days in advance.
(8)The occupier importing hazardous waste shall maintain the records of hazardous waste imports as specified in Form 6-A and the record so maintained shall be available for inspection.] [ Inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000).] [ Inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000).]
(9)[ An occupier importing hazardous wastes listed under an Open General Licence of the Directorate-General of Foreign Trade shall register himself with the Ministry of Environment and Forests or any other authority or agency such as the Central Pollution Control Board designated by it in accordance with the procedure laid down under rule 19.] [ Inserted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003). ]