HAZARDOUS WASTES (MANAGEMENT HANDLING AND TRANSBOUNDARY MOVEMENT) RULES, 2008

Preamble - Hazardous Wastes (Management Handling and Transboundary Movement) Rules, 2008

HAZARDOUS WASTES (MANAGEMENT HANDLING AND TRANSBOUNDARY MOVEMENT) RULES, 2008

PREAMBLE

Whereas the draft rules, namely, the Hazardous Material (Management. Handling and Transboundary Movement) Rules 2007 was published by the Government of India in the Ministry of Environment and Forest vide number S.O. 1676(E), dated 28th September, 2007 in the Gazette of India, Extraordinary of the same date inviting objection and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public;

AND WHEREAS copies of the said Gazette were made available to the public on the 28th day of September, 2007;

AND WHEREAS the objections and suggestions received within the said period from the public in respect of the said draft rules have been duly considered by the Central Government;

NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act. 1986 (29 of 1986), and in supersession of the Hazardous Wastes (Management and Handling) Rules, 1989, excepts in respect of things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely

Rule 1 - Short title and commencement

(1) These rules may be called the Hazardous Wastes (Management. Handling and Transboundary Movement) Rules, 2008.

(2) They shall come into force on the date of their publication in the official Gazette.

Rule 2 - Application

These rules shall apply to the handling of hazardous wastes as specified in Schedules 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 the rules made thereunder;

(b) wastes arising out of the operation from ships beyond five kilometres of the relevant baseline 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 the rules made thereunder;

(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act; and

(e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act;

Rule 3 - Definitions

(1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Environment (Protection) Act. 1986 (29 of 1986);

(b) "authorisation" means permission for generation, handling, collection, reception, treatment, transport, storage, recycling, reprocessing, recovery, reuse and disposal of hazardous wastes granted under sub-rule (4) of rule 5;

(c) "Basel Convention" is the United Nations Environment Programme Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal;

(d) "Central Pollution Control Board? means the Central Pollution Control Board constituted under subsection (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 3 974);

(e) "disposal" means any operation which does not lead to recycling, recovery or reuse and includes physico chemical, biological treatment, incineration and disposal in secured landfill;

(f) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India:

(g) "'exporter" means any person under the jurisdiction of the exporting country who exports hazardous waste including the country, which exports hazardous waste;

(h) "environmentally sound management of hazardous wastes" means taking ail steps required to ensure that the hazardous wastes are managed in a manner which shall protect health and the environment against the adverse effects which may result from such waste:

(i) "environmentally sound technologies" means any technology approved by the Central Government from time to time;

(j) "facility" means any establishment wherein the processes incidental to the handling, collection, reception, treatment, storage, recycling, recovery, reuse and disposal of hazardous wastes are carried out;

(k) "Form'' means a form appended to these rules;

(l) "hazardous waste" means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-

(i) waste specified under column (3) of Schedule-I,

(ii) wastes having constituents specified in Schedule-II if their concentration is equal to or more than the limit indicated in the said Schedule, and

(iii) wastes specified In Part A or Part B of the Schedule-III in respect of import or export of such wastes in accordance with rules 12, 13 and 14 or the wastes other than those specified in Part A or Part B if they possess any of the hazardous characteristics specified in Part C of that Schedule;

(m) "hazardous waste site" means a place of collection, reception, treatment, storage of hazardous wastes and its disposal to the environment which is approved by the competent authority;

(n) "import" With its grammatical variations and cognate expressions, means bringing into India from a place outside India;

(o) "importer" means an occupier or any person who imports hazardous waste;

(p) ''manifest" means transporting document prepared and signed by the occupier or his representative authorised in accordance with the provisions of these rules.

(q) "occupier" in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any hazardous waste the person in possession of the hazardous waste;

(r) "operator of disposal facility" means a person who owns or operates a facility for collection, reception, treatment, storage or disposal of hazardous wastes;

(5) "recycler or reprocessor or actual user " means an occupier who procures and processes hazardous waste for recycling or recovery or re-use;

(t) "recycling" means reclamation and reprocessing of hazardous waste in an environmentally sound manner for the original purpose or for other purposes;

(u) "reuse" means use of hazardous waste for the purpose of its original use or other use;

(v) "recovery" means any operation in the recycling activity wherein specific materials are recovered;

(w) "Schedule" means a Schedule appended to these rules;

(x) "State Government" in relation to a Union territory means, the Administrator thereof appointed under article 239 of the Constitution;

(y) "State Pollution Control Board means the State Pollution Control Board or the Pollution Control Committee constituted under sub-section (1) of section 4 of the Water(Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(z) "storage" means storing any hazardous waste for a temporary period, at the end of which such waste is processed or disposed of;

(za) "transboundary movement" means any movement of hazardous wastes from an area under the jurisdiction of one country to or through an area under the jurisdiction of another country or to or through an urea not under the jurisdiction of any country, provided at least two countries are involved in the movement;

(zb) "transport" means off-site movement of hazardous wastes by air, rail, road or water;

(zc) "transporter" means a person engaged in the off-site transportation of hazardous waste by air. rail, road or water:

(zd) "treatment" means a method, technique or process, designed to modify the physical, chemical or biological characteristics or composition of any hazardous waste so as to reduce its potential to cause harm:

(ze) "used oil" means any oil -

(a) derived from crude oil or mixtures containing synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil. spent oil and their tank bottom sludges; and

(b) suitable for reprocessing, if it meets the specification laid down in Part-A of Schedule -V but does not include waste oil;

(zf) "waste oil" means any oil which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships and can be used as fuel in furnaces for energy recovery, if it meets the specifications laid down in Part - B of Schedule-5 either as such or alter reprocessing.

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.

Rule 4 - Responsibilities of the occupier for handling of hazardous wastes

(1) The occupier shall he responsible for safe and environmentally sound handling of hazardous wastes generated in his establishment.

(2) The hazardous wastes generated in the establishment of an occupier shall be sent or sold to a recycler or re-processor or re-user registered or authorized under these rules or shall be disposed of in an authorized disposal facility.

(3) The hazardous wastes transported from an occupier's establishment to a recycler for recycling or reuse or reprocessing or to an authorized facility for disposal shall be transported in accordance with the provisions of these rules.

(4) The occupier or any other person acting on his behalf who intends to gel his hazardous wastes treated and disposed of by the operator of a Treatment. Storage and Disposal Facility shall give to the operator of a facility, such information as may be determined by the State Pollution Control Board.

(5) The occupier shall take all adequate steps while handling hazardous wastes to:

(i) contain contaminants and prevent accidents and limit Their consequences on human beings and the environment; and

(ii) provide persons working on the site with the training, equipment and the information necessary to ensure their safety.

Rule 5 - Grant of authorization 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 authorization from the Slate Pollution Control Board.

(2) The hazardous waste shall he collected, treated- re-cycled, re-processed, stored or disposed of only in such facilities as may be authorized 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 I to the State Pollution Control Board for authorization within a period of sixty days from the date of commencement of these rules;

Provided that any person authorized under the provisions of the Hazardous Waste (Management and Handling) Rules, 1989, prior to the date of coming into 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 authorization, 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 authorization 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 authorization.

(6) Every person authorized under these rules shall maintain the record of hazardous 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 authorization shall be made in Form 1, before its expiry and the State Pollution Control Board may renew the authorization 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 authorization.

(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 authorization.

(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, authorized by him on his behalf.

Rule 6 - Power to suspend or cancel an authorization

(1) The State Pollution Control Board, may, if in its opinion the holder of the authorization has failed to comply with any of the conditions of the authorization or with any provisions of the Act or these rules and after giving him a reasonable opportunity of being heard and after recording reasons thereof in writing cancel or suspend the authorization issued under rule - 4 for such period as it considers necessary in the public interest.

(2) Upon suspension or cancellation of the authorization the State Pollution Control Board may give directions to the person whose authorization has been suspended or cancelled for the safe storage of the hazardous wastes, and such person shall comply with such directions.

Rule 7 - Storage of Hazardous Waste

(1) The occupiers, recyclers, re-processors, re-users, and operators of facilities may store the hazardous wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling and reprocessing of such wastes and make these records available for inspection:

Provided that the State Pollution Control Board may extend the said period in following cases, namely:-

(i) small generators up to ten tones per annum;

(ii) recyclers, re-processors and facility operators up to six months of their annual capacity;

(iii) generators who do not have access to any Treatment. Storage, Disposal Facility in the concerned State; or

(iv) The waste which needs to be specifically stored for development of a process for its recycling, reuse.

Rule 8 - Procedure for grant of registration

(1) Every person desirous of recycling or reprocessing the hazardous waste specified in Schedule -IV may make an application in Form 5 accompanied with a copy each of the following documents for the grant or renewal of the registration:-

(a) consent to establish granted by the State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981(21 of 1981);

(b) certificate of registration issued by the District industries Centre or any other government agency authorised in this regard;

(c) proof of installed capacity of plant and machinery issued by the District Industries Centre or any other government agency authorised in this behalf; and

(d) in case of renewal, certificate of compliance of effluent, emission standards and treatment and disposal of hazardous wastes, as applicable, from the State Pollution Control Board or the Concerned Zonal, Office of Central Pollution Control Board.

(2) The Central Pollution Control Board, on being satisfied that the applicant is utilizing environmentally sound technologies and possesses adequate technical capabilities, requisite facilities, and equipment to recycle, reprocess or reuse hazardous wastes, may grant registration to such applicants stipulating therein necessary conditions for carrying out safe operations in the authorized place only.

(3) The Central Pollution Control Board shall dispose of the application for registration within a period of one hundred twenty days from the date of the receipt of such application complete in all respects.

(4) The registration, issued under sub-rule (2) shall be valid for a period of five years from the date of its issue, unless the operation is discontinued by the unit or the registration is suspended or cancelled by the Central Pollution Control Board.

(5) The Central Pollution Control Board may cancel or suspend the registration granted under these rules, if it has reasons to believe that the recycler or re-processor has failed to comply with any of the conditions of the registration, or with any provision of the Act or rules made thereunder.

(6) The Central Pollution Control Board may after giving a reasonable opportunity of being heard to the applicant, by order, refuse to grant or renew the registration.

(7) The recycler or re-processor shall maintain records of hazardous wastes purchased and processed and shall file an annual return of its activities of previous year in Form 6 to the State Pollution Control Board, on nr before the 30th day of June of every year.

Rule 9 - Conditions for sale or transfer of Hazardous Wastes for recycling

The occupier generating the hazardous wastes specified in Schedule-IV may sell it only to the recycler having a valid registration from the Central Pollution Control Board for recycling or recovery.

Rule 10 - Standards for recycling

The Central Government and Central Pollution Control Board may issue the guidelines for standards of performance for recycling processes from time to lime.

Rule 11 - Utilization of hazardous wastes

The utilisation of hazardous wastes as a supplementary resource or for energy recovery, or after processing shall be carried out by the units only after obtaining approval from the Central Pollution Control Board.

Rule 12 - Import and export (transboundary movement) of hazardous wastes

The Ministry of Environment and Forests shall be the nodal Ministry to deal with the trans-boundary movement of the hazardous wastes and lo grant permission for transit of the hazardous wastes through any part of India.

Rule 13 - Import and export of hazardous wastes

(1) No import of the hazardous wastes from any country to India for disposal shall be permitted.

(2) The import of Hazardous Waste from any country shall be permitted only for the recycling or recovery or reuse.

(3) The export of hazardous wastes from India may be allowed to an actual user of the wastes or operator of a disposal facility with the Prior Informed Consent of the importing country (o ensure environmentally sound management of the hazardous waste in question.

(4) No import or export of the hazardous wastes specified in Schedule -VI shall be permitted.

Rule 14 - Import or export of Hazardous Waste for recycling, recovery and reuses

(1) The import and export of the hazardous wastes specified in Schedule- III, shall be regulated in accordance with the conditions laid down in the said schedule;

(2) Subject to the provisions contained in sub-rule (1), -

(i) the import or export of the Hazardous wastes specified in Part A of Schedule -" III shall require Prior Informed Consent of the country from where it is imported or exported to, and shall require the license from the Directorate General of Foreign Trade and the prior written permission of the Central Government;

(ii) the import of the hazardous wastes specified in Part B of Schedule III shall not require Prior Informed Consent of the country from where it is imported;.

(iii) the import and export of the hazardous wastes not specified in Part A and Part B of Schedule III but having the hazardous characteristics outlined in Part C of the said Schedule shall require the prior written permission of the Central Government, before it is imported into or exported from India, as the case may be.

Rule 15 - Procedure for export of Hazardous Wastes from India

(1) Any person intending to export hazardous wastes specified in Schedule-III shall apply in Form 7 and Form 8 along with full cover insurance policy for consignment to the Central Government for the proposed transboundary movement of the hazardous wastes together with the Prior Informed Consent in writing from the importing country.

(2) On receipt of such application, the Central Government may give a 'No Objection Certificate' for the proposed export within a period of sixty days from the date of submission of the application and may impose conditions as it may consider necessary.

(3) The Central Government, shall forward a copy of the "No Objection Certificate' granted under sub-rule (2), to the Central Pollution Control Board, the concerned State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions, if any, of the export and to take appropriate steps for the safe handling of the waste shipment-

(4) The exporter shall ensure that no consignment is shipped before the 'No Objection Certificate' is received from the importing country,

(5) The exporter shall also ensure that the shipment is accompanied with the Movement Document in Form 9.

(6) The exporter shall inform the Ministry of Environment and Forest upon completion of the trans-boundary movement.

(7) The exporter of the hazardous wastes shall maintain the records of the hazardous wastes exported by him in Form 10 and the record so maintained shall be available for inspection..

Rule 16 - procedure for import of Hazardous Waste

(1) A person intending to import or transit for trans-boundary movement of hazardous wastes specified in Schedule-III shall apply in Form 7 and Form 8 to the Central Government of the proposed import wherever applicable, together with the Prior Informed Consent, which ever applicable and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board to enable them to send their comments and observations, if any, to the Ministry of Environment and Forests within a period of thirty days.

(2) On receipt of the application in complete, the Ministry of Environment and Forests shall examine the application considering the comments and observations, if any, received from the State Pollution Control Boards, and may grant the permission for import within a period of sixty days subject to the condition that the importer has -

(i) the environmentally sound recycling, recovery or reuse facilities;

(ii) adequate facilities and arrangement for treatment and disposal of wastes generated; and

(iii) a valid registration from the Central Pollution Control Board and a proof of being an actual user, if required under these rules.

(3) The Ministry of Environment and Forests shall forward a copy of the permission granted under sub-rule (2) to the Central Pollution Control Board, the concerned State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and safe handling of the hazardous waste.

(4) The Ministry of Environment and Forests shall communicate the permission to the importer.

(5) The Port and Customs authorities shall ensure that shipment is accompanied by the Movement Document in Form 9 and the test report of analysis of the hazardous waste consignment in question, from a laboratory accredited by the exporting country.

(6) The Customs authority shall collect three randomly drawn samples of the consignment (prior to clearing the consignment as per the provisions laid down under the Customs Act. 1962) for analysis and retain the report for a period of two years, in order to ensure that in the event of any dispute, as to whether the consignment conforms or not to the declaration made in the application and Movement Document.

(7) The importer of the hazardous waste shall maintain records of the hazardous waste imported by him in Form 10 and the record so maintained shall be available for inspection.

(8) The importer shall also inform the concerned State Pollution Control Board and the Central Pollution Control Board, the date and time of the arrival of the consignment of the hazardous waste ten days in advance.

Rule 17 - Illegal Traffic

(1) The export and import of hazardous wastes from and into India shall be deemed illegal if-

(i) it is without permission of the Central Government in accordance with these rules, or

(ii) the permission has been obtained through falsification, mis-representation or fraud; or

(iii) it does not conform to the shipping details provided in the movement documents; or

(iv) it results in deliberate disposal (i.e.; dumping) of hazardous wastes in contravention of the Basel Convention and of general principles of International or National Law.

(2). In case of illegal import of the hazardous wastes, the importer shall re-export the waste in question at his cost within a period of ninety days from the date of its arrival into India and its implementation will be ensured by the concerned State Pollution Control Board.

Rule 18 - Treatment, Storage and Disposal Facility for hazardous wastes

(i) The State Government, occupier, operator of a facility or any association of occupiers shall individually or jointly or severally be responsible for, and identify sites for establishing the facility for treatment, storage and disposal of the hazardous wastes in the State.

(2) The operator of common facility or occupier of a captive facility, shall design and set up-the Treatment, Storage and Disposal Facility as per technical guidelines issued by the Central Pollution Control Board in this regard from time to time and shall obtain approval from the State Pollution Control Board for design and layout in this regard from time to lime.

(3) The State Pollution Control Board shall monitor the setting up and operation of the Treatment, Storage and Disposal Facilities regularly.

(4) The operator of the Treatment, Storage and Disposal Facility shall be responsible for safe and environmentally sound operation of the Treatment, the Storage and Disposal Facility and its closure and post closure phase, as per guidelines issued by the Central Pollution Control Board from time to time.

(5) The operator of the Treatment, Storage and Disposal Facility shall maintain records of hazardous wastes handled by him in Form 10.

Rule 19 - Packaging and labeling

(1) The occupier or operator of the Treatment, Storage and Disposal Facility or recycler shall ensure that the hazardous waste are packaged and labeled, based on the composition in a manner suitable for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time.

(2) The labeling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors.

Rule 20 - Transportation of Hazardous waste

(1) The transport of the hazardous wastes shall he in accordance with the provisions of these rules and the rules made by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time in this regard.

(2) The occupier shall provide the transporter with the relevant information in Form 11, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency and shall mark the hazardous wastes containers as per Form 12.

(3) In case of transport of hazardous wastes for final disposal to a facility for treatment, storage and disposal existing in a State other than the Slate where the hazardous waste is generated, the occupier shall obtain 'No Objection Certificate' from the State Pollution Control Board of both the States.

(4) In ease of transportation of hazardous wastes through a State other than the State of origin or destination, the occupier shall intimate the concerned State Pollution Control Boards before he hands over the hazardous wastes to the transporter.

Rule 21 - Manifest system (Movement Document to be used within the country only)

(1) The occupier shall prepare six copies of the manifest in Form 13 comprising of colour code indicated below and all six copies shall be signed by the transporter:

(2) The occupier shall forward copy 1 (white) to the Stale Pollution Control Board, and in case the hazardous wastes is likely to be transported through any transit State, the occupier shall prepare an additional copy each for intimation to such State and forward the same to the concerned State Pollution Control Board before he hands over the hazardous wastes to the transporter.

(3) No transporter shall accept hazardous wastes from an occupier for transport unless it is accompanied by copies 3 to 6 of the manifest.

(4) The transporter shall submit copies 3 to 6 of the manifest duly signed with date to the operator of the facility along with the waste consignment.

(5) Operator of the facility upon completion of treatment and disposal operations of the hazardous wastes shall forward copy 5 (green) to the State Pollution Control Board and copy 6 (blue) to the occupier and the copy 3 (pink) shall he retained by the operator of the facility.

Rule 22 - Records and returns

(1) The occupier generating hazardous wastes and operator of the facility for 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 Stale Pollution Control Board in Form 4.

(3) The State Pollution Control Board shall prepare an inventory of the hazardous wastes within its jurisdiction and compile other related information like recycling of the hazardous wastes and treatment and disposal of the hazardous wastes based on the returns tiled by respective occupier and operator of the facility.

Rule 23 - Responsibility of Authorities

The Authority specified in column 2 of the Schedule VII shall perform the duties as specified in column 3 of the Schedule subject to the provisions of these rules.

Rule 24 - Accident reporting and follow-up

Where an accident occurs at the facility or on a hazardous waste site or during transportation of the hazardous waste, the occupier or operator of the facility or the transporter, as the case may be, shall report immediately to the State Pollution Control Board about the accident in Form 14.

Rule 25 - Liability of occupier, transporter, operator of a facility and importer

(1) The occupier, importer, transporter and operator of the facility shall be liable for all damages caused to the environment or (bird party due to improper handling of the hazardous wastes or disposal of the hazardous wastes,

(2) The occupier and the operator of the facility shall be liable to pay financial penalties as levied for any violation of the provisions under these rules by the Stare Pollution Control Board with the prior approval of the Central Pollution Control Board.

Rule 26 - Appeal

(1) Any person aggrieved by an order of suspension or cancellation or refusal of authorization or its renewal passed by the State Pollution Control Board, may within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in Form 15 to the Appellate Authority comprising of the Environment Secretary of the State.

(2) Any person aggrieved by an order of suspension or cancellation or refusal of registration or its renewal passed by the Central Pollution Control Board, may within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in Form 15 to the Appellate Authority comprising of the Secretary, to the Government of India in the Ministry of Environment and Forests.

(3) The Appellate Authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) Every appeal filed under this rule shall be disposed of within a period of sixty days from the date of its filing.

Schedule I - SCHEDULE I

Schedule I

[See rules 3 (1)]

List of processes generating hazardous wastes

* The inclusion of wastes contained in this Schedule does not preclude the use of Schedule 2 to demonstrate that the waste is not hazardous. In case of dispute, the matter would be referred to the Technical Review Committee constituted by MoEF.

Note: The high volume low effect wastes such as fly ash, phosphogypsum, red mud slags from pyrometallurgical operations, mine failings and ore beneficiation rejects are excluded from the category of hazardous wastes. Separate guidelines on the management of these wastes shall he issued by CPCB.

Schedule II - SCHEDULE II

Schedule II

[See rule 3(1)]

List of Waste Constituents with Concentration Limits*

Class A

Concentration limit: ?? 50 mg/kg

A1 Antimony and antimony compounds

A2 Arsenic and arsenic compounds

A3 Berylliun and beryllium compounds

A4 Cadmium and cadmium compounds

A5 Chromium (VI) compounds

A6 Mercury and mercury compounds

A7 Selenium and selenium compounds

A8 Tellurium and tellurium compounds

A9 Thallium and thallium compounds

A10 Inorganic cyanide compounds

A11 Metal carbonyls

A12 Napthalene

A13 Anthracene

A14 Phenanthrene

A15 Chrysene, benzo (a) anthracene, fluoranthene, benzo (a) pyrene, benzo (K) fluoranthene, ldeno (1, 2, 3-cd) pyrene and benzo (ghi) pervlne

A16 halogenated compounds of aromatic rings, e.g. polychlorinated biphenyls, olychlorolerphenyls and their derivatives

A17 Halogenaled aromatic compounds

A18 Benzene

A19 Organo-chlortne pesticides

A20 Organo-tin Compounds

Class B

Concentration limit: P 5, 000 mg/kg

B1 Chromium (III) compounds

B Cobalt compounds

B3 Copper compounds

B4 Lead and lead compounds

B5 Molybdenum compounds

B6 Nickel compounds

B7 Inorganic Tin compounds

B8 Vanadium compounds

B9 Tungsten compounds

B10 Silver compounds

B11 Halogcnated aliphatic compounds

B12 Organo phosphorus compounds

B13 Organic peroxides

B14 Organic nitro-and nitroso-compounds

B15 Organic azo-and azooxy compounds

B16 Nitrilcs

B17 Amines

B18 (Iso-and thio-) cyanates

B19 Phenol and phenolic compounds

B20 Mercaptans

B21 Asbestos

B22 Halogen-silanes

B23 Hydrazine (s)

B24 Flourine

B25 Chlorine

B26 Bromine

B27 White and red phosphorus

B28 Ferro-stlicate and alloys

B29 Manganese-silicate

B30 Halogen-containing compounds which produce acidic vapours on contact with humid air or water, e.g. silicon tetrachloride, aluminium chloride, titanium tetrachloride

Class C

Concentration limit; D 20. 000 mg/kg

C1 Ammonia and ammonium compounds

C2 Inorganic peroxides

C3 Barium compounds except barium sulphate

C4 Fluorine compounds

C5 Phosphate compounds except phosphates of aluminium, calcium and iron

C6 Bromates. (hypo-bromites)

C7 Chlorates, (hypo-chlorites) *

C8 Aromatic compounds other than those listed under A12 to A18

C9 Organic silicone compounds

C10 Organic sulphur compounds

C11 Iodates

C12 Nitrates, nitrites

C13 Sulphides

C14 Zinc compounds

C15 Salts of per-acids

C16 Acid amides

C17 Acid anhydrides

Class D

Concentration limit: ? 50, 000 mg/kg

D1 Total Sulphur

D2 Inorganic acids

D3 Metal hydrogen sulphates

D4 Oxides and hydroxides except those of hydrogen, carbon, silicon, iron, aluminum, titanium, manganese, magnesium, calcium

D5 Total hydrocarbons other than those listed under A12 to A18

D6 Organic oxygen compounds

D7 Organic nitrogen compounds expressed as nitrogen

D8 Nitrides

D9 Hydrides

Class E

Regardless of concentration limit, Classified as hazardous wastes if the waste exhibits any of the following Characteristics.

E1 Flammable

Flammable wastes with flash point 65.6?c or below.

E2 Explosive

Wastes which may explode under the effect of flame, heat or photochemical conditions. Any-other waste of explosive materials included in the Indian Explosive Act.

E3 Corrosive

Wastes which may be corrosive, by chemical action, will cause severe damage when in contact with living tissue.

E4 Toxic

Wastes containing or contaminated with established toxic and or eco- toxic constituents.

E5 Carcinogenicity, Mutagenecity and Endocrine disruptively Wastes contaminated or containing established carcinogens, mutagens and endocrine disruptors.

*Waste constituents and their concentration limits given in this list are based on erstwhile BAGA (the Netherlands Environment Protection Agency) List of Hazardous Suhstances. In order to decide whether specific wastes listed above is hazardous or not, following points be taken into consideration:

(i) If a component of the waste appears in one of the five risk classes listed above (A, B, C, D or E) and the concentration of the component is equal to or more than the limit for the relevant risks class, (he material is then classified as hazardous waste.

(ii) If a chemical compound containing a hazardous constituent is present in the waste, the concentration limit does not apply to the compound, but only 10 the hazardous constituent itself.

(iii) If multiple hazardous constituents from the same class are present in the waste, the concentrations are added together.

(iv) If multiple hazardous constituents from different classes are present in the waste, the lowest concentration limit corresponding to the constituents(s) applies.

(v) For determining the concentration of the hazardous constituents in the waste ''Toxicity Characteristics Leaching Procedure (TCLP) as per ASTM-D5233-92 should be adopted.

Schedule III - SCHEDULE III

Schedule III

[See rules 3(1), 14(1), 14(2) (i),(iii) and 15(1)]

PART A

Part A: List of Hazardous Wastes Applicable for Import with Prior Informed Consent

[Annexure VIII of the Basel Convention*]

*This List is based on Annex. VIII of the Basel Convention on Transboundary Movement of Hazardous Wastes and comprises of wastes characterized as hazardous under Article 1, paragraph 1(a) of the Convention. Inclusion of wastes on this list does not preclude the use of hazard characteristics given in Annex. VIII of the Basel Convention (Part C of this Schedule) to demonstrate that the wastes are not hazardous. Certain waste categories listed in the Schedule - 3 (Part-A) have been prohibited for import. Hazardous wastes in the Schedule - 3 (Part -A) are restricted and cannot be allowed to be imported without permission from Ministry of Environment & Forests and DGFT license.

PART B

List of Hazardous Wastes applicable for Import and Export not Requiring Prior Informed Consent

(Annex IX of the Basel Convention*]

* This List is based on Annex. IX of the Basel Convention on Transboundary Movement of Hazardous Wastes and comprises of wastes not characterized as hazardous under Article -1 of the Basel Convention.

** Import permitted in the country without any license or restriction.

*** Import permitted in the country for recycling/reprocessing by units registered with MoEF/CPCB and having DGFT license.

**** Import permitted in the country by the actual users with MoRF permission and DGFT license.

All other wastes listed in this Schedule -3 (Par - B) having no ' Star/s'(*..) can only be imported in to the country with the permission of MoEF.

Note:

(1) Copper dross containing copper greater than 65% and lead and cadmium equal to or less than 1.25% and 0.1% respectively; spent cleaned metal catalyst containing copper; and Copper reverts, cake and residues containing lead and cadmium equal to or less than 1.25% and 0.1% respectively are allowed for import without DGFT licence to units (actual users) registered with MoEF upto an annual quantity limit indicated in the Registration letter. Copper reverts- cake and residues containing lead and cadmium greater than 1.25% and 0.1% respectively are under restricted category for which import is permitted only against DCFT licence for the purpose of processing or reuse by units registered with MoEF (actual users).

(2) Zine ash/skimmings in dispersible form containing zinc more than 65% and lead and cadmium equal to or less than 1.25% and 0.1% respectively and spent cleaned metal catalyst containing zinc are allowed for import without DGFT licence to units registered with MoEF (actual users) upto an annual quantity limit indicated in Registration Letter. Zinc ash add skimmings containing less than 65% zinc and lead and cadmium equal to or more than 1.25% and 0.1% respectively and hard zinc spelter and brass dross containing lead greater than 1.25% are under restricted category for which import is permitted against DGFT licence and only for purpose of processing or reuse by units registered with MoEF (actual users).

PART C

List of Hazardous Characteristics

1. Substituted by the Hazardous Wastes (Management, Handling and Transboundary Movement) Amendment Rules, 2016 vide Notification No. SO189(E) dated 20.01.2016 for the following:-

"Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal."

Schedule IV - SCHEDULE IV

Schedule IV

[(See rules). 8 (1) and 9]

List of Hazardous Wastes requiring Registration for Recycling/Reprocessing