To prevent uncontrolled generation &disposal of Hazardous Wastes which is a matter of great concern in our country, the govt of India has notified Hazaedous wastes (Management & Handling) Rules, 1989 under the environament (Protectoin)Act, 1986. The rules were further amended in th eyear 2000 and 20013, The central Govt.vide by notification dtd 24.09.2008 superseded the above mentioned rules and framed the Hazardeous wastes (Management,Handling & Trans Boundary Movement)Rule,2008 and the same was amended during the year 2010.
The real impetus on implementation of Hazardous wastes management cam only after direction of Hon'ble SupremeCourt of India WP(c) No-657/95(order dtd 14.10.2003) that the industry not having valid authorization under Hazardous Wastes (management & Handling)Rules, 1989 will not operate and other directions also issues for construction of treatment, storage & disposal facilities of Hazardeous Wastes.
The Hon'ble Supreme Court by its order dtd 14.03.2003 in the WP(c) No-657/95 have issued variouis directions for management & Handling of Hazaedros wastes and one of these directions was to prepare inventory of Hazardeous wastes by every state polution Control Board.
How to Obtain Authorization?
Every person engaged in generation, processing, treatment, package storage, transporatation, use, collection, destruction, conversion, offering for sale, transfer or the like of hazardous waste or occupier of the facility shall make an application in Form 1 to the state Pollution Control Board for authorization within a period of sixty days from the date of coomencement 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 aoolication for authrization till the period of expiry of such authorization.
- On receipt of of the application complete in all respects for the authorizationon ,the state pollution control Board may,after such inquiry as it considers necessary and on being satisfied that the applicant possesses appropriate facilities ,tecnical capabilities and equipment to handle hazardeous waste safely ,grant within a period of one hundred and tweenty days an authorization in Form 2 to the applicant which shall be valid for a period for five years and shall be subject to such conditions as may be laid down therein.
- The State Pollution Control Board may after giving reasonable oppurtunity of being heard to the applicant refuse to grant any authorization.
- The Every person authorized under these rules shall maintain the record of hazardous wastes handle 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 the financial year to which that return relates.
- An applocation 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 conditions 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.
Procedure for grant of registration.
Every persondesirous of recycling or processing the hazerdous 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 renewel of the registration:
- consent to establish grated 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)
- certificate of registration issued by the District Industries Centre or any other goverment agency authorised in this regard.
- Proof of installed capacity of plant and machinery issued by the district industries centre or any other Goverment agency aothorised in this behalf;and
- In case of renewal,certificate of complince 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.