Hazardous Wastes (Management, Handling and Transboundary) Regulations etc

In one minute

India controls hazardous waste by rules, not by a separate Act. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 were made under the Environment (Protection) Act, 1986.

Anyone who handles such waste needs authorisation from the State Pollution Control Board. Every movement within India needs a manifest. Import for disposal is not allowed.

Legal provision

The rules below are read from the Gazette notification G.S.R. 395(E) of 4 April 2016.

• Making of the Rules: they were made under sections 6, 8 and 25 of the Environment (Protection) Act, 1986, in supersession of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008. They came into force on the date of publication.
• Rule 3: definitions, including "hazardous waste", "other wastes" and "manifest".
• Rule 4: responsibilities of the occupier.
• Rule 6: authorisation. Rule 7: suspension or cancellation.
• Rules 11 to 15: import and export, and illegal traffic.
• Rule 16: treatment, storage and disposal facilities.
• Rule 19: manifest. Rule 22: accident reporting. Rule 23: liability. Rule 24: appeal.

Meaning and definition

Rule 3(1)(17) defines hazardous waste as waste that is physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive in a way that causes or is likely to cause danger to health or environment. It includes waste listed in Schedule I and waste above the limits in Schedule II.

"Other wastes" are the wastes in Parts B and D of Schedule III for import or export, and they include such waste generated in India. A manifest is the transporting document prepared and signed by the sender.

1. 1. The occupier obtains authorisation from the State Board (rule 6).
2. 2. The waste is packed and labelled, and moved by an authorised transporter (rules 17 and 18).
3. 3. The sender prepares a manifest for the movement (rule 19).
4. 4. ResultThe waste reaches a treatment, storage and disposal facility or an authorised recycler (rule 16).

Detailed explanation

Step 1: duties of the occupier (rule 4)

An occupier follows a ladder of steps for waste. The steps are prevention, minimisation, reuse, recycling, and then recovery and use, including co-processing. The Rules do not apply to waste-water and exhaust gases that the Water Act and Air Act cover.

Step 2: authorisation (rules 6 and 7)

Every occupier who handles, generates, collects, stores, packs, transports, uses, treats, recycles, recovers or disposes of hazardous and other wastes must apply to the State Pollution Control Board in Form 1 and obtain authorisation. The application is accompanied by a copy of the consent to establish and operate granted under the Water Act and Air Act. The Board may suspend or cancel the authorisation for failure to comply with its conditions, after giving a reasonable opportunity of being heard and recording reasons in writing.

Step 3: transport and manifest (rules 17 to 19)

The occupier must pack and label waste, and transport must follow the Rules. For movement inside the country the sender prepares seven copies of the manifest in Form 10 and signs all seven. The first copy goes to the State Board. The transporter submits copies to the receiver along with the waste. The occupier also keeps records and returns (rule 20).

Step 4: treatment facilities (rule 16)

The State Government, an occupier or an association of occupiers identifies sites for facilities for treatment, storage and disposal. The operator of a common facility must design it as the Central Pollution Control Board's guidelines require. The operator must also obtain the State Board's approval of the design and layout.

Step 5: import and export (rules 11 to 15)

The Ministry of Environment, Forest and Climate Change is the nodal Ministry for transboundary movement (rule 11). Rule 12 sets the strategy.

• No import of hazardous and other wastes for disposal is permitted.
• Import is permitted only for recycling, recovery, reuse and utilisation, including co-processing.
• Import of hazardous waste in Part A of Schedule III needs the prior informed consent of the exporting country and the Ministry's permission.
• Import of other wastes in Part B of Schedule III needs the Ministry's permission.
• No import of wastes specified in Schedule VI is permitted.
• Export of wastes in Schedule III Parts A and B and Schedule VI needs the Ministry's permission, on prior informed consent of the importing country for Part A and Schedule VI wastes.

Step 6: accidents, liability and appeal

In an accident, the occupier, operator or transporter must immediately inform the State Board by telephone or e-mail. A report in Form 11 follows (rule 22). The occupier, importer or exporter and operator of a disposal facility are liable for all damage to the environment or a third party from improper handling (rule 23). They also pay financial penalties that the State Board levies with the Central Board's prior approval.

Exceptions and special rules

Appeal (rule 24)

A person aggrieved by suspension, cancellation or refusal of authorisation may appeal in Form 12 within thirty days to the Environment Secretary of the State. The appellate authority may admit a late appeal for sufficient cause.

Illegal traffic (rule 15)

Rule 15 deals with illegal traffic, the export or import of hazardous or other wastes in breach of the Rules. Read the rule for the steps taken in such a case.

Don't confuse: hazardous waste and other wastes

Point	Hazardous waste	Other wastes
Test	Danger to health or environment; Schedules I, II and Part A of III	Parts B and D of Schedule III, and the same wastes made in India
Import	Prior informed consent and Ministry permission	Ministry permission (Part B); special procedure (Part D)

Common mistakes

• Saying these are an Act of Parliament. They are rules made under the 1986 Act.
• Saying import for recycling is banned. Import for disposal, and import of the wastes in Schedule VI, is barred. Recycling imports need permission.
• Forgetting the manifest or the seven copies in Form 10.
• Calling the 2016 Rules the first Rules. They replaced the 2008 Rules.

Apply it

Problem

An electronics unit at Noida sells used circuit-board waste to an unregistered scrap dealer without any paperwork. Is this lawful?

Issue

Do the Rules require authorisation and a manifest here?

Rule

Rule 6 requires authorisation for handling and transfer of such waste. Rule 19 requires a manifest for movement.

Application

The unit transferred waste without a manifest and, as far as appears, without authorisation to handle it.

Conclusion

The unit breaks the Rules. The State Board may cancel its authorisation and the unit is liable for damage under rule 23.

Leading case laws

No case page on this site turns on these Rules. The related ideas of polluter pays and absolute liability are in the notes on Strict Liability and the Environment (Protection) Act, 1986.

How to write this answer in the exam

Key points to remember

• Hazardous and Other Wastes Rules, 2016: G.S.R. 395(E), 4 April 2016, under sections 6, 8 and 25 of the 1986 Act.
• Authorisation from the State Board: rule 6, Form 1.
• Manifest: seven copies in Form 10 (rule 19).
• No import for disposal; import for recycling needs permission (rule 12).
• Liability for damage: rule 23. Appeal in thirty days: rule 24.

Quick self-test

Related topics

• Environment (Protection) Act, 1986
• Environment pollution control mechanism
• Transboundary Pollution