Hazardous Waste Management Authorization Topic a Great Concern in Our Country

To stop uncontrolled generation & disposal of Hazardous Wastes which is a topic of great concern in our country, the govt. of India has published Hazardous wastes (Management & Handling) Rules, 1989 under the Environment (Protection) Act, 1986. The rules were more amended in the year 2000 and 2013; the central Govt.vide by information dated 24.09.2008 superseded the rules as mentioned above and framed the Hazardous waste management, Handling & Trans Boundary Movement)Rule,2008, and the same were amended during the year 2010.

The real reason for the implementation of Hazardous waste management came only after the way of Hon'ble SupremeCourt of India WP(c) No-657/95(order dated 14.10.2003) that the industry not having valid permission under Hazardous Wastes (Management & Handling)Rules, 1989 will not work and other ways also issues for construction of processing, storage & disposal facilities of Hazardous Wastes “corpseed said”.

The Hon'ble Supreme Court, by its order dated 14.03.2003 in the WP(c) No-657/95, has declared various directions for management & Handling of Hazardous wastes, and one of these areas was to prepare an inventory of Hazardous wastes by every state pollution Control Board.

How to Obtain Authorization?

1.       Every person involved in the generation, processing, treatment, package storage, transportation, collection, use, destruction, conversion, offering for sale, transfer, or the like of hazardous waste or occupier of the department shall make an appeal in Form 1 to the state Pollution Control Board for authorization within sixty days from the date of commencement of these rules:

Provided that any person authorized under the terms of the Hazardous Waste (Management And Handling) Rules, 1989, before the date of coming into force of these rules, shall not require to create an application for authorization till the period of expiry of such approval.

2.       On receipt of the application complete in all esteem for the support on, the state pollution control Board may, after such analysis as it considers important and on being convinced that the applicant possesses relevant facilities, technical capabilities, and equipment to manage hazardous waste safely, grant within a period of one hundred and twenty days an authorization in Form 2 to the candidate which shall be valid for a period for five years and shall be subject to such limitations as may be laid down therein.

3.       The State Pollution Control Board may, after giving the fair opportunity of being heard to the applicant, regret to grant any authorization.

4.       The Every person authorized following these rules shall keep the record of hazardous wastes manage by him in Form 3 and plan and submit to the State Pollution Control Board an annual return including the items specified in Form 4 on or before the 30th day of June following the financial year to which that return relates.

5.       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 approval after reviewing each case on merit subject to the situations that there has been no report of violation of the provisions of the Act or the rules made thereunder or requirements specified in the authorization.

Procedure for grant of registration

Every person desirous of recycling or preparing the hazardous waste defined in schedule IV may make an application in Form 5 conducted with a copy each of the following documents for the grant or renewal of the registration:

1.       permission to establish abraded 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)

2.       certificate of registration prescribed by the District Industries Centre or any other government agency authorized in this regard.

3.       Proof of established capacity of plant and device issued by the district industries centre or any other Government agency authorized on this behalf; and

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

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