Battery Waste Management Authorization- An Overview

Battery Waste Management Authorization is the procedure and process involved in handling and managing the waste caused due to used batteries. All batteries which are used or discarded by consumers would have to be disposed using appropriate procedures. All materials used in manufacturing batteries are hazardous and can cause harm to humans and animals if they come in direct contact. Hence extra precautions have to be considered in handling and disposing of battery wastes. The acids in batteries could leak out and cause considerable damage to the environment.

The Government of India through the department of the Ministry of Environment and Forests brought out the Batteries (Management and Handling) Rules, 2001 (Batteries Rules). These rules would be applicable to all industries that carry out processes related to manufacturing and handling of batteries and other chemicals.

Due to the Environmental (Protection) Act, 1986 the government brought out these rules in order to comply with the procedures followed in Battery Waste Management Authorization. An industry that is following compliance related to the above rules would have standards related to waste management related to batteries and other form of components.

These rules have been amended from time to time. On 20 February 2020, the government made amendments to these rules by bringing out the Battery Waste Management Rules, 2020. These rules would be applicable to all industries which deal in battery waste management.

Non Compliance with the above requirements would result in hazardous conditions. Such non-compliance would attract stringent penalties as per the battery waste management authorization rules.

Who will have to comply as per the Battery Waste Management Authorization Rules?

The following entities would have to comply with the requirements of the Battery Waste Management Authorization Rules:

Benefits of Battery Waste Management Authorization

The following are the benefits of securing the Battery Waste Management Authorization:

• Ensures Proper Disposal of Batteries

  By complying with the requirements related to Battery Waste Management Authorization, the entity would ensure that appropriate measures have been taken in disposing batteries. Such compliance has to be maintained by all industries engaged in production and distribution of batteries. This compliance would also be required by importers meeting the requirements related to battery waste management.

• Helps in Promoting Recycling

  Complying with the Battery Waste Management Authorization rules would promote and ensure proper standards related to recycling have been maintained as per the requirements of the industry. Batteries are hard to recycle; hence if proper procedures are followed as per the rules, then compliance related to sustainable development would be achieved.

• Compliance

  By following the rules related to battery waste management authorization, effective compliance can be carried out by an entity engaged in managing batteries.

Interpretations under Battery Waste Management Authorization

It is crucial to consider the above interpretations under the battery rules:

• Assembler

  Any individual or industry that is involved in the processes or procedures related to manufacturing of batteries.

• Auctioneer

  Any individual or industry that is involved in the process of auctioning batteries. Such batteries would be considered as lead batteries or any form of components related to lead batteries. This would include any form of auction, tender or any other individual that is involved in the process of the auction sale.

• Battery

  This would include lead acid battery which is used for the purposes of producing electrical energy. Such batteries would have lead metal as a substance present in them.

• Consumer

  Consumer would include any agency. Bulk consumers can also be called as consumer. Such term would also include institutions and departments in the Central Government such as Railways, Defence, Telecom, Posts and Telegraph, the Departments of State Government, the Undertaking. Any company that purchases more than hundred batteries per annum would also be considered as a consumer.

• Importer

  An Importer is a person or an organization who imports new lead-acid batteries or its components containing lead to selling them in the market.

• Reconditioners

  Reconditioners are people involved in repairing lead-acid batteries for re-selling them in the market.

• Recyclers

  Recyclers are people involved in processing of used lead-acid batteries for recovering lead contained inside them.

Prohibitions related to Battery Waste Management Authorization

Any individual or industry that is engaged in the process related to batteries would ensure that the following products are not placed in the market:

• Any battery or component that has more than 0.0005% (5 ppm) of mercury by the weight.
• Any portable battery that contains 0.002% or more percentage of Cadmium by weight of the battery.
• Mercury, Cadmium and Other Lead Symbols should also not be placed in the market.

An exclusion to the above prohibition would be a button cell which has mercury. Such mercury content must not exceed more than 2%.The above prohibition would also not be applicable to emergency alarm systems or any form of medical devices or emergency lighting

A battery or a component has to have the mark of a “crossed out wheeled bin symbol”. This should cover an area about 5% of the external surface of the battery. In case the “crossed out wheeled bin symbol” is lesser than 0.5 x 0.5 Cms then the battery does not need to be marked. However, the external cover of the battery has to be marked measuring at least 1 Cms x 1 Cms.

Procedure for Obtaining Battery Waste Management Authorization

The procedure for securing the above certification must be in accordance with the requirements of the Battery Waste Management Rules, 2020. The following procedure has to be followed:

For Recycler

• Application

  A recycler has to make an application in Form- 2(C). Along with the application the recycler has to provide necessary papers. The necessary papers have to be submitted along with the application to the Member Secretary of the Central Pollution Control Board (CPCB).

• Review the Application

  The Member Secretary of the CPCB will ensure that the recycler follows all the appropriate measures as required. For this a member would go to the facility to ensure that technical capabilities are present in order to recycle and dispose hazardous wastes.

• Decision on Application

  After inspecting the premises, the member secretary will make a decision related to providing the certificate for battery waste management Authorization. This would be provided within 90 days of submitting the application.

• Grant of Certificate

  If the member secretary feels that the requirements confirm with the standards, then the certificate of registration would be granted for a period of three years.

• Compliance Monitoring

  If the applicant does not follow procedures related to compliance, then the registration for the above certificate would be rejected. It would be the sole responsibility of the state board to monitor effective compliance.

• Renewal of Application

  Every application needs to be renewed before expiry. The recycler seeking a Battery Waste Management Authorization certificate requires filing an application in Form- 5 at least six months before the expiry of the certificate. This must be submitted to the member secretary of the CPCB.

EPR Authorization for Battery Producers

Under the Battery Waste Management Authorization rules the producers of batteries would require to make an application. The following method must be utilised for making an application.

• Application

  Every producer must make an application in Form- 3 to the State Pollution Control Board. If the product is only produced in one state then the application has to be made only for the particular state. If the products are produced in different states, then the application has to be made to the Central Pollution Control Board.

• Inspection

  A committee would be formed either from the state pollution control board or the central pollution control board to see if the requirements have been met by the producer. If the EPR plan meets the requirements, then the EPR- Authorization by Central Pollution Control Board would be granted in the Form- 3(B). This would be provided within a period of 120 days from the date of the application. The EPR Authorization would be valid for a period of 5 years.

• Grant of Certificate

  If the producer satisfies the requirements then the certificate of EPR Authorization under battery waste management Authorization would be granted.

• Renewal

  An application for renewal has to be made in the Form-3(A) 60 days before the expiry of the certificate.

Battery Waste Management Authorization for Manufacturer, importer, assembler and re-conditioner

The following battery waste management Authorization is for a manufacturer, importer, assembler and re-conditioner:

• Application

  The applicant has to make an application to the CPCB or the concerned state pollution control board. The application has to be made in Form-2(A).

• Inspection

  A committee would be formed either from the state pollution control board or the central pollution control board would conduct an inspection to see if the applicant confirms with requirements.

• Grant of Certificate

  If the above entity satisfies the requirements then the certificate would be granted within a period of 90 days in Form-2(B). The applicant would have to carry out operations in the authorised place only. The certificate of Authorization would be valid for a period of 5 years.

• Record of Battery Waste

  An applicant has to maintain information related to the records of battery waste in Form 6. Such certificate has to be submitted to the State Pollution Control Board or the Pollution Control Community. With this annual return in format of Form 1 has to be submitted.

• Renewal

  An application for renewal has to be made in the Form-5, 60 days before the expiry of the certificate.

Specific Compliances under Battery Waste Management Authorization

The following compliances have to be considered by the above entities:

Compliances for Manufacturer

• Collection of hazardous waste for recycling.
• Application for Authorization in Form -2(A).
• Maintain records and information as per Form-6 and ensure such records are available to the state pollution control board.
• File Annual Returns in Form-1 before 30 day of June following the financial year to which the returns would apply.

Compliances for Recycler

• Application for Authorization in the Form-2(C).
• Annual Returns in Form- 1 under the State Pollution Control Board Rules by 30th June and 31st December for every year.
• Maintain records and information of batteries which are used as required by the respective state pollution control board.
• Mark recycled on metals which require processing.
• Create awareness through different form of advertisements related to hazardous chemicals which are used in batteries.
• Ensure compliance with the terms and conditions imposed by the CPCB.
• Ensure that Central recycling facilities are developed greater than a capacity of 10,000 tons per year.

necessary papers required for Battery Waste Management Authorization

The following necessary papers are required for Battery Waste Management Authorization:

• Copy of Consents as per Water (Prevention and Control of Pollution) Act, 1974, as amended and Air (Prevention and Control of Pollution) Act, 1981
• Copy of Authorization under r Hazardous Wastes (Management and Handling Rules, 2016
• Copy of Certificate of Registration with District Industries Centre
• Proof of Installed Capacity issued by the State Pollution Control Board/ District Industries Centre.

Apart from this the following general necessary papers would be required:

• Aadhar Card
• PAN Card
• GST Certificate
• Lease/ rent/ proof of ownership of the office
• Trade license/Factory license
• Electricity bill
• Naksha/layout plan
• Certificate of incorporation {CIN}
• Company’s PAN Card
• Board’s declaration for authorized signatory.

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