HAZARDOUS WASTES
(MANAGEMENT AND HANDLING) RULES, 1989[1] 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, namely: (1)
These rules may be called the Hazardous
Wastes (Management and Handling) Rules, 1989. (2)
They shall come into force on the date of
their publication in the official Gazette. These rules shall apply to hazardous
wastes as specified in Schedule and shall not apply to (a)
waste water and exhaust gases as covered
under the provisions of the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981
(14 of 1981) and rules made thereunder; (b)
wastes arising out of the operation from
ships beyond five kilometres as covered under the provisions of the Merchant
Shipping Act, 1958 (44 of 1958) and the rules made thereunder; (c)
radio-active wastes as covered under the
provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made
thereunder; In these rules, unless the context
otherwise requires, (a)
"Act" means the Environment (Protection)
Act, 1986 (29 of 1986); (b)
"applicant" means a person or an
organisation that applies, in Form 1, for granting of authorisation to perform
specific activities connected with handling of hazardous wastes; (c)
"authorisation" means permission
for collection, reception, treatment, transport, storage and disposal of
hazardous wastes, granted by the competent authority in Form 2; (d)
"authorised person" means a person
or an organisation authorised by the competent authority to collect, treat,
transport, store or dispose of hazardous wastes in accordance with the
guidelines to be issued by the competent authority, from time to time; (e)
"export" with its grammatical
variations and cognate expression, means taking out of India to a place outside
India; (f)
"exporter" means any person under
the jurisdiction of the exporting country who exports hazardous wastes and the
exporting country itself, who exports hazardous wastes; (g)
"facility" means any location
wherein the processes incidental to the waste generation, collection, reception,
treatment, storage and disposal are carried out; (h)
"Form" means Form appended to these
rules; (i)
"hazardous wastes" means categories
of wastes specified in the Schedule; (j)
"hazardous wastes site" means a
place for collection, reception, treatment, storage and disposal of hazardous
wastes which has been duly approved by the competent authority; (k)
"import" with its grammatical
variations and cognate expression, means bringing into India from a place
outside India; (1)
"importer" means an occupier or any
person who imports hazardous wastes; (l)
"operator of a facility" means a
person who owns or operates a facility for collection, reception, treatment,
storage and disposal of hazardous wastes; (m)
"Schedule" means Schedule appended
to these rules; (n)
"State Pollution Control Board"
means the Board appointed under sub-section (1) of Section 4 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974); and under Section 4 of the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981); (o)
"transboundary movement" means any
movement of hazardous wastes or other wastes from an area under the national
jurisdiction of one country to or through an area under the national
jurisdiction of another country or to or through an area not under the national
jurisdiction of any country, provided at least two countries are involved in
the movement; (p)
the words and expressions used in these rules
and not defined but defined in the Act, shall have the meanings respectively
assigned to them in the Act. (1)
The occupier generating hazardous wastes
listed in column (2) of the Schedule in quantities equal to or exceeding the
limits given in column (3) of the said Schedule, shall take all practical steps
to ensure that such wastes are properly handled and disposed of without any
adverse effects which may result from such wastes and the occupier shall also
be responsible for proper collection, reception, treatment, storage and
disposal of these wastes either himself or through the operator of a facility. (2)
The occupier or any other person acting on
his behalf who intends to get his hazardous waste treated by the operator of a
facility under sub-rule (1), shall give, to the operator of a facility, such
information as may be specified by the [2][State
Pollution Control Board or Committee]. (1)
Hazardous wastes shall be collected, treated,
stored and disposed of only in such facilities as may be authorised for this
purpose. (2)
Every occupier generating hazardous wastes
and having a facility for collection, reception, treatment, transport, storage
and disposal of such wastes shall make an application in Form 1 to the 2[State
Pollution Control Board or Committee) for the grant of authorisation for any of
the above activities : Provided that the occupier not having
a facility for the collection, reception, treatment, transport, storage and
disposal of hazardous wastes shall make an application to the State Pollution
Control Board in Form 1 for the grant of authorisation within a period of six
months from the date of commencement of these rules. (3)
Any person who intends to be an operator of a
facility for the collection, reception, treatment, transport, storage and
disposal of hazardous wastes, shall make an application in Form 1 to
the [3][State
Pollution Control Board or Committee] for the grant of authorisation for any of
the above activities : Provided that the operator engaged in
the business of the collection, reception, treatment, transport, storage and
disposal of hazardous wastes shall make an application to the [4][State
Pollution Control Board or Committee] in Form 1 for the grant of authorisation
within a period of six months from the date of commencement of these rules. (4)
The [5](State
Pollution Control Board or Committee) shall not issue an authorisation unless
it is satisfied that the operator of a facility or an occupier, as the case may
be, possesses appropriate facilities, technical capabilities and equipment to
handle hazardous wastes safely. (5)
The authorisation to operate a facility shall
be issued in Form 2 and shall be subject to conditions laid down therein. (6)
(i) An authorisation granted under this rule
shall, unless sooner suspended or cancelled, be in force for a period of two
years from the date of issue or from the date of renewal. (ii) An application (7) The [6](State
Pollution Control Board or Committee) may, after giving reasonable opportunity
of being heard to the applicant refuse to grant any authorisation. (1)
The [7](State
Pollution Control Board or Committee) may cancel an authorisation issued under
these rules or suspend it for such period as it thinks fit, if in its opinion,
the authorised person has failed to comply with any of the conditions of the authorisation
or with any provisions of the Act or these rules, after giving the authorised
person an opportunity to show cause and after recording reasons therefor. (2)
Upon suspension or cancellation of the
authorisation and during the pendency of an appeal under Rule 12, the [8](State
Pollution Control Board or Committee) may give directions to the persons whose
authorisation has been suspended or cancelled for the safe storage of the
hazardous wastes, and such person shall comply with such directions. (1)
Before hazardous wastes is delivered at the
hazardous waste site, the occupier or operator of a facility shall ensure that
the hazardous wastes is packaged in a manner suitable for storage and transport
and the labelling and packaging shall be easily visible and be able to
withstand physical conditions and climatic factors. (2)
Packaging, labelling and transport of
hazardous wastes shall be in accordance with the provisions of the rules issued
by the Central Government under the Motor Vehicles Act 1988 and other
guidelines issued, from time to time. (1)
The State Government or a person authorised
by it shall undertake a continuing programme to identify the sites and compile
and publish periodically an inventory of disposal sites within the State for
the disposal of hazardous wastes. (2)
The State Government or a person authorised
by it shall undertake an environmental impact study before identifying a site
as waste disposal site in the State. (3)
The State Government or a person authorised
by it shall undertake a continuing programme to compile and publish an
inventory of sites within the State at which hazardous wastes have at any time
been stored or disposed of and such inventory shall contain, besides the
location and description, information relating to the amount, nature and
toxicity of hazardous wastes at each such site as may be associated with such
site. (1)
The occupier generating hazardous waste and
operator of a facility for collection, reception, treatment, transport, storage
and disposal of hazardous waste shall maintain records of such operations in
Form 3. (2)
The occupier and operator of a facility shall
send annual returns to the [9](State
Pollution Control Board or Committee) in Form 4. Where an accident occurs at the
facility or on a hazardous waste site or during transportation of hazardous
wastes, the occupier or operator of a facility shall report immediately to
the [10](State
Pollution Control Board or Committee) about the accident in Form 5. (1)
Import of hazardous wastes from any country
to India shall not be permitted for dumping and disposal of such wastes. However,
import of such wastes may be allowed for processing or reuse as raw material,
after examining each case on merit by the [11](State
Pollution Control Board or Committee) or by an officer authorised in this
behalf. (2)
The exporting country or the exporter, as the
case may be, of hazardous wastes shall communicate in Form 6 to the
Central Government (the Ministry of Environment and Forests) of the
proposed transboundary movement of hazardous wastes. (3)
The Central Government shall, after examining
the communication received under sub-rule (2) and on being satisfied that the
import of such hazardous wastes is to be used for processing or reuse as raw
material, grant permission for the import of such wastes subject to such
conditions as the Central Government may specify in this behalf and if,
however, the Central Government is not satisfied with the communication
received under sub-rule (2), may refuse permission to import such hazardous
wastes. (4)
Any importer importing hazardous wastes shall
provide necessary information as to the type of hazardous wastes he is to
import, in Form 6, to the concerned [12](State
Pollution Control Board or Committee) the Central Pollution Control Board in
the case of Union Territories. (5)
The [13](State
Pollution Control Board or Committee) shall examine the information received
under sub-rule (4) and issue such instructions to the importer as it considers
necessary. (6)
The Central Government or the [14](State
Pollution Control Board or Committee) as the case may be, shall inform the
concerned Port Authority to take appropriate steps regarding the safe handling
of the hazardous wastes at the time of off-loading the same. (7)
Any person importing hazardous wastes shall
maintain the records of the hazardous wastes imported as specified in Form 7
and the records so maintained shall be open for inspection by the ?(State
Pollution Control Board or Committee)/the Ministry of Environment and
Forests/the Central Pollution Control Board in the case of Union Territories or
an officer appointed by them in this behalf. (1)
An appeal shall lie, against any order of
suspension or cancellation or refusal of an authorisation by the [15](State
Pollution Control Board to the State Government or Committee to the Union
Territory) and to the Ministry of Environment and Forests in the case of the
Central Pollution Control Board. (2)
Every appeal shall be in writing and shall be
accompanied by a copy of the order appealed against and shall be presented
within thirty days of the order passed. (See Rules 3(i), 3(n) and 4) Categories of
Hazardous Wastes Waste
Categories Types of
Wastes Regulatory
Quantities 1 2 3 Waste
category No. 1 Waste category No. 2 Cyanide
Wastes Metal Finishing Wastes 1
kilogramme per year calculated as cyanide. 10
kilogrammes per year the sum of the specified substance calculated as pure
metal. Waste
category No. 3 Waste
containing water soluble chemical compounds of lead, copper, zinc, chromium,
nickel, selenium, barium and antimony. 10
kilogrammes per year the sum of the specified substance calculated as pure
metal. Waste
category No. 4 Mercury,
Arsenic, Thallium and Cadmium bearing wastes. 5
kilogrammes per year the sum of the specified substance calculated as pure
metal. Waste
category No. 5 Non-halogenated
hydrocarbons including solvents. 200
kilogrammes per year calculated as non-halogenated hydrocarbons. Waste
category No. 6 Halogenated
hydrocarbon including solvents. 50
kilogrammes per year calculated as halogenated hydrocarbons. Waste
category No. 7 Wastes
from paints, pigments, glue, varnish and printing ink. 250
kilogrammes per year calculated as oil or oil emulsions. Waste
category No. 8 Wastes
from Dyes and Dye intermediate containing inorganic chemical compounds. 200
kilogrammes per year calculated as inorganic chemicals. Waste
category No. 9 Wastes
from Dyes and Dye intermediate containing organic chemical compounds. 50
kilogrammes per year calculated as organic chemicals. Waste
category No. 10 Waste
oil and oil emulsions. 1000
kilogrammes per year calculated as oil and oil emulsions. Waste
category No. 11 Tarry
wastes from refining and tar residues from distillation or prolytic
treatment. 200
kilogrammes per year calculated as tar. Waste
Category No. 12 Sludges
arising from treatment of waste waters containing heavy metals, toxic
organics, oils, emulsions and spend chemicals and incineration ash. Irrespective
of any quantity. Waste
Category No. . 13
Phenols 5
kilogrammes per year calculated as phenols. Waste
category No. 14
Asbestos 200
kilogrammes per year calculated as Asbestos. Waste
category No. 15 Wastes
from manufacturing of pesticides and herbicides and residues from pesticides
and herbicides formulation units. 5
kilogrammes per year calculated as pesticides and their intermediate
products. Waste
category No. 16
Acid/Alkaline/Slurry Wastes 200
kilogrammes per year calculated as Acid/Alkalines. Waste
Category No. . 17
Off-specification and discarded products. Irrespective
of any quantity. Waste
Category No. 18
Discarded containers and containers linears of hazardous and toxic wastes. Irrespective
of any quantity. [1] Vide
Notification No. S.O. 594 (B), dated July 28, 1989, published In the Gazette of
India, Extra, Part II. Section 3 (ii), dated 28th July, 1989. [2]
Substituted by S.O. 625(E), dated 3rd Sept., 1996, for "State Pollution
Control Board" (w.e.f. 6-9-1996). [3]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [4]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [5]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [6]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [7]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [8]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [9]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [10]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [11]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [12]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [13]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [14]
Substituted by S.O. 625(E), dated 3rd Sept., 1996 (w.e.f. 6-9-1996), for
"State Pollution Control Board". [15]
Substituted by S.O. 625(E), dated 3rd Sept., 1996, (w.e.f. 6-9-1996), for
"State Pollution Control Board to the State Government".HAZARDOUS
WASTES (MANAGEMENT AND HANDLING) RULES, 1989
PREAMBLE