What is Hazardous Waste?

As per the provisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, a hazardous waste refers to any waste by reason of its physical, reactive, chemical, flammable, toxic, corrosive or explosive characteristics causes danger or is likely to cause harm to environment or health, whether in contact with other wastes or substances or alone, and shall include:

Waste defined under column (3) of Schedule-I,
Wastes consisting of constituents defined in Schedule –II, if their concentration is equal to beyond the limit indicated in the said Schedule, and
Wastes particularized in Part A and Part B of the Schedule –III w.r.t. of import or export of such waste in accordance with rules 12, 13, and 14 or the wastes other than those laid out in Part A or Part B if they hold any hazardous features as specified in Part C of that Schedule;

Applicable Laws

Central Pollution Control Board
State Pollution Control Board
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
Hazardous Wastes (Management Handling and Transboundary Movement) Rules, 2008.

Checklist for obtaining Hazardous Waste Management Authorisation or Certification

Every person willing to recycle or reprocess the hazardous waste is required to submit a copy of each of the following documents:

Consent to Establish

Obtained from the State Pollution Control Board (SPCB) under the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981) and the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974);
Proof of Certificate of registration

Granted by the District Industries Centre or any other government agency authorised in this behalf;
Proof of installed capacity of plants & machineries

Granted by the District Industries Centre or any other government agency authorised in this regard;
For the renewal of license, certificate of compliance of effluent, disposal of waste, and emission standards and treatment obtained from the SPCB or the respective Zonal Office of Central Pollution Control Board (CPCB).

Additional Documents Required for Hazardous Waste Management Authorisation

Apart from the above-described documents, there are others which are common for all kind of waste management. They are as follows:

For Private Limited Company and Public Limited Company

Identity as well as Address proof of the directors such as PAN and Aadhaar;
Proof of ownership or lease or rent agreement of the premise;
NOC (No-Objection) certificate from the site owner;
Telephone Bill or Electricity Bill or Water Bill;
MCD License;
Waste Collection Agreement;
Memorandum of Association of the company;
Certificate of Incorporation (CIN)
PAN card of the company;
Board Declaration for Authorized Signatory.

For Proprietorship or Partnership Firms

PAN Card and Aadhaar card of the Proprietor/Partners;
Rent/Lease/Ownership of the office location;
Electricity Bill or Water Bill or Telephone Bill;
Waste Collection Agreement
MCD License.

Procedure for Obtaining Authorisation for Hazardous Waste Management

Every applicant desirous of obtaining the registration for reprocessing or recycling of the hazardous waste specified in the Schedule –IV needs to follow the steps described below:

Step 1:

File an application in Form 5 along with the required documents described above.
Step 2:

Once the Central Pollution Control Board is satisfied that the applicant is utilizing the following for recycling or reprocessing or reuse of hazardous waste:

• Environmentally sound technologies;

• Adequate technical capabilities;

• Requisite facilities;

• Relevant equipment.

Then, the CPCB will grant the certificate of registration to the applicant.
Step 3:

The application for registration shall be disposed of by the Central Pollution Control Board within a timeframe of 120 days from the date of receiving such application complete in every respect.
Step 4:

The CPCB hold the power to suspend or cancel the registration issued under these rules, in case it possess reasons to believe that the re-processor or recycler has failed to comply with the:

• Provisions of the concerned Act; or

• Any of the conditions of the registration; or

• Any rules made thereunder.
Step 5:

In case the application or registration is cancelled, the applicant will be given a reasonable opportunity by the CPCB to be heard, by order, refuse to renew or grant the registration.
Step 6:

On the grant of the certificate of registration, the applicant must maintain the record of the hazardous wastes processed and purchased.

Furthermore, they need to file annual returns of the activities of the preceding year in the Form 6 to the State Pollution Control Board.

The date for filing the return is on or before the 30th June of every year.

Validity of the Authorization

The registration or authorization granted under sub-rule (2) stands valid for a period of five years from the date of the issuance of the authorization.

The same stands valid in the case unless the unit discontinues its operation or the registration is cancelled or suspended by the Central Pollution Control Board.

Condition for the transfer or sale of Hazardous Wastes for recycling

The occupier who generated the hazardous wastes prescribed in Schedule -IV may sell it only to the recycler who possesses a valid registration obtained from the CPCB for recovery or recycling.

Standards for recycling of Hazardous Waste

The Central Pollution Control Board or Central Government may issue the guidelines for standards of performance for recycling processes on a timely basis.

Utilization of Hazardous Wastes

The exploitation of Hazardous Wastes for energy recovery or after processing or as a supplementary resource shall be carried out by the units only. Moreover, it can do so only after the applicants hold the approval obtained from the Central Pollution Control Board.