Hazardous And Other Wastes (Management And Transboundary Movement) Amendment Rules, 2024

[12th March 2024]

In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely: -

Rule 1.

(1)     These rules may be called Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2024.

(2)     They shall come into force on the date of their publication in the Official Gazette except para 6 and para 7 of these rules, which shall come into force from the 1st Day of April, 2024.

Rule 2.

In the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (hereinafter referred to as the said rules), in rule 3, after clause 22, the following clause shall be inserted, namely:-

"22A. "deposition centers" means the deposition centre specified in the Solid Waste Management Rules, 2016 for collection of domestic hazardous wastes.;

Rule 3.

In rule 6 of the said rules, after sub-rule (1A), the following sub-rule shall be inserted, namely:-

"(1B) The deposition centers shall obtain authorization from the State Pollution Control Board or the Pollution Control Committee concerned.

(1C) The deposition centers shall provide the domestic hazardous waste to the actual user or operator of the disposal facility and maintain records of the same in Form 3 and shall file annual return in Form 4 to the State Pollution Control Board or the Pollution Control Committee concerned.

Rule 4.

In rule 8 of the said rules, in sub-rule (1) in the proviso, for clause (i), the following clause shall be substituted, namely:-

"(i) small generators (between five to ten tonnes per annum) up to one hundred and eighty days of their annual capacity and small generators (less than five tons per annum) up to three hundred and sixty five days of their annual capacity".;

Rule 5.

In rule 12 of the said rules, in sub-rule (6B), the following sub-rule shall be substituted, namely:-

"(6B) The import of post-industrial or pre-consumer polyethylene wastes shall be permitted with a requirement to export at least thirty five percent of the total annual turnover";

Rule 6.

In rule 29 of the said rules, after sub-rule (6), the following sub-rules shall be inserted, namely: -

"(7) The operation of the platform established under sub-paragraphs (6) shall be operated and regulated in accordance with the guidelines made by the Central Government on the recommendation of the Central Pollution Control Board.

(8) The Central Pollution Control Board shall fix the highest and lowest price for exchange of extended producer responsibility certificates which shall be equal to hundred per cent and thirty per cent, respectively of the environmental compensation for non-fulfilment of extended producer responsibility under rule 39.

(9) The exchange price of extended producer responsibility certificates between registered entities through the portal shall be between the highest and lowest prices referred to in sub-rule (8)..

Rule 7.

In rule 30 of the said rules, after sub-rule (4), the following sub-rule shall be inserted, namely: -

"(5) Relaxation of timelines for filing of returns. - The Central Government may, if it is satisfied that it is necessary so to do in the public interest or for effective implementation of these rules, by order, relax any period within which any return or report is to be filed under these rules by a producer, collection agents, recycler and used oil importer thereof, for a further period not exceeding nine months."

Rule 8.

In Schedule III to the said rules, in Part B, under item number B3, against Basel No. 3011, after the entry Polyethylene terephthalate the following entry shall be inserted, namely:-

Polysiloxanes - only post-industrial or pre-consumer

Rule 9.

In Schedule VI to the said rules, under item number B3, against Basel No. 3011 in column (2) the word Polysiloxanes shall be omitted;

Rule 10.

In Schedule IX to the said rules,

(i)       after sub-paragraph (5) of paragraph 6, the following sub-paragraphs shall be inserted, namely: -

" (6) The Central Government may by, order establish one or more platform for exchange or transfer of extended producer responsibility certificates in accordance with the guidelines issued by the Central Pollution Control Board with the approval of the Central Government.

(7) The operation of the platform established under sub-paragraphs (6) shall be operated and regulated in accordance with guidelines made by the Central Government on the recommendation of the Central Pollution Control Board.

(8) The Central Pollution Control Board shall fix the highest and lowest price for exchange of extended producer responsibility certificates which shall be equal to hundred per cent and thirty per cent, respectively of the environmental compensation for non-fulfilment of extended producer responsibility obligation under paragraph 10 of this Schedule.

(9) The exchange price of extended producer responsibility certificate between registered entities through the portal shall be between the highest and lowest prices referred to in sub-paragraph (8)..

(ii)      after paragraph 8 and entries relating thereto, the following paragraph shall be inserted, namely: -

"8. (A) Responsibilities of the retreader. - (1) All the retreader shall submit on monthly basis the information regarding quantity of waste tyres re-treaded, retreading certificate generated therefore and such other relevant information on the portal.

(2) All the retreader shall file annual and quarterly returns in the Form as specified on the portal on or before the end of the month succeeding the quarter to which the return relates."

(iii)     after sub-paragraph (5) of paragraph 9, the following sub-paragraphs shall be inserted, namely: -

"(6) Relaxation of timelines for filing of returns. - The Central Government may, if it is satisfied that it is necessary so to do in the public interest or for effective implementation of these rules, by order, relax any period within which any return or report is to be filed under these rules by a producer, recycler and retreader thereof, for a further period not exceeding nine months."

Rule 11.

In Form 2 to the said rules, under heading A. General conditions of Authorisation, after clause 14, the following clause shall be inserted, namely:-

"15.(i) Any hazardous waste generated sporadically due to unforeseen conditions such as fire, natural calamity, chemical spill, etc, the occupier shall send such waste to the operator of disposal facility or actual user for the purpose of these rules.

(ii) The hazardous waste which is routinely generated in the consented manufacturing process in the authorised premises shall be included in the authorisation within one month from identification of any such waste:

Provided that it shall not apply in the case when production is beyond the consented capacity.".