The Gazette of
Extraordinary
Part-II-Section-3-Sub-section
(ii)
Published by Authority
No. 471
MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION
S.O. 593(E).- Whereas the draft of certain rules called the Hazardous Wastes
(Management and Handling) Amendment Rules, 2002 was published under the
notification of the Government of India in the Ministry of Environment and
Forests number S.O. 553(E), dated 21st May, 2002 in the Gazette of
India, Part-II, Section 3, Sub-section (ii) of the same date inviting
objections and suggestions from all persons likely to be affected thereby,
before the expiry of the period of sixty days from the date on which copies of
the Gazette containing the said notification were made available to the public;
And whereas copies of the said Gazette were made
available to the public on the 5th day of June, 2002;
And whereas the objections and suggestions received
within the said period from the public in respect of the said draft rules have
been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by
sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
the Central Government hereby makes the following rules further to amend the
Hazardous Wastes (Management and Handling) Rules, 1989, namely:-
1. (1) These rules may be called the Hazardous
Wastes (Management and Handling)
Amendment Rules, 2003.
(2)
They shall come into force on the date of their publication in the Official Gazette.
2. In the Hazardous Wastes (Management and
Handling) Rules, 1989 (herein after referred to as the said rules), in rule 2,
after clause (c), the following clauses shall be inserted, namely: -
“(d)
bio-medical wastes covered under the Bio-Medical Wastes (Management and
Handling) Rules, 1998 made under the Act;
(e) wastes covered under the Municipal Solid
Wastes (Management and Handling) Rules, 2000 made under the Act; and
(f) the lead acid batteries covered under the Batteries (Management
and Handling) Rules, 2001 made under the Act."
3. For
rule 3 of the said rules, the following rule shall be substituted, namely:-
'3. Definitions
- In these rules, unless the context otherwise requires, -
(1) “Act” means
the Environment (Protection) Act, 1986 (29 of 1986);
(2) “applicant”
means a person or an organisation that applies, in Form 1, for granting of
authorisation to perform specific activities connected with handling of
hazardous wastes;
(3) “auction” means bulk sale of wastes by
invitation of tenders or auction, contract or negotiation by individual(s),
companies or Government departments;
(4) “auctioneer” means a person or an
organisation that auctions wastes;
(5)
“authorisation” means permission for collection, transport, treatment, reception,
storage and disposal of hazardous wastes, granted by the competent authority in
Form 2;
(6)
“authorised person” means a person or an
organisation authorised by the competent authority;
(7) “Central Pollution Control Board” means the Central Board
constituted under sub-section (1) of section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974);
(8) “disposal”
means deposit, treatment, recycling and recovery of any hazardous wastes;
(9)
“export” with its grammatical variations and
cognate expressions, means taking out of
(10)
“exporter” means any person under the jurisdiction
of the exporting country who exports hazardous wastes and the exporting country
itself, who exports hazardous wastes;
(11)
“environmentally sound management of hazardous
wastes” means taking all steps required to ensure that the hazardous wastes are
managed in a manner which will protect health and the environment against the
adverse effects which may result from such wastes;
(12)
“facility” means any location wherein the processes
incidental to the waste generation, collection, reception, treatment, storage
and disposal are carried out;
(13)
“form” means a Form appended to these rules;
(14)
“hazardous waste” means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable,
explosive or corrosive characteristics
causes danger or is likely to cause danger to health or environment,
whether alone or when in contact with other wastes or substances, and shall
include-
(a) wastes listed
in column (3) of Schedule-1;
(b) wastes having constituents
listed in Schedule-2 if their concentration is equal to or more than the limit
indicated in the said Schedule; and
(c) wastes listed in Lists
‘A’ and ‘B’ of Schedule-3 (Part-A) applicable only in case(s) of import
or export of hazardous wastes in accordance with rules 12, 13 and 14 if they
possess any of the hazardous characteristics listed in Part-B of Schedule 3”.
Explanation: For the purposes of this clause, -
(i)
all wastes mentioned in column (3) of Schedule-1 are hazardous wastes
irrespective of concentration limits given in Schedule-2 except as otherwise
indicated and Schedule-2 shall be applicable only for wastes or waste
constituents not covered under column (3) of Schedule-1;
(ii) Schedule-3 shall be applicable only in case(s) of import or
export;
(15)
“hazardous wastes site” means a place for collection, reception, treatment,
storage and disposal of hazardous wastes which has been duly approved by the
competent authority;
(16) “illegal traffic” means any transboundary
movement of hazardous wastes as specified in rule 15;
(17) “import” with
its grammatical variations and cognate expressions, means bringing into
(18) “importer” means
an occupier or any person who imports hazardous wastes;
(19)“manifest”
means transporting document(s) prepared and signed by the occupier in
accordance with rule 7;
(20)“non-ferrous
metal wastes” means wastes listed in Schedule 4;
(21)“operator of
facility” means a person who owns or operates a facility for collection,
reception, treatment, storage or disposal of hazardous wastes;
(22) “recycler”
means an occupier who procures and processes wastes for recovery;
(23) "recycling
of waste oil" means reclamation by way of treatment to separate solids and
water from waste oils using methods such as heating, filtering, gravity
settling, centrifuging, dehydration, viscosity and specific gravity adjustment;
(24) “registered
re-refiner or recycler” means a re-refiner or recycler registered for
reprocessing wastes with the Ministry of Environment and Forests or the Central
Pollution Control Board, as the case may be, for reprocessing wastes;
(25) "re-refining
of used oil" means applying a process to the material composed of used oil
so as to produce high quality base stock for further manufacture of lubricants
or for other petroleum products by blending or any other process;
(26)“schedule”
means a Schedule appended to these rules;
(27)“State
Government” means a State Government and in relation to a Union territory, the
Administrator thereof appointed under article 239 of the Constitution;
(28)“State
Pollution Control Board or Committee” means the Board or Committee constituted
under sub-section (1) of section 4 of the Water(Prevention and Control of Pollution)
Act, 1974 (6 of 1974);
(29)“storage”
means storing hazardous wastes for a temporary period, at the end of which the
hazardous wastes is treated and disposed off;
(30)“transboundary
movement” means any movement of hazardous waste or other wastes from an area
under the national jurisdiction of one country to or through an area under the
national jurisdiction of another country or to or through an area not under the
national jurisdiction of any country, provided at least two countries are
involved in the movement;
(31) “transport”
means off-site movement of hazardous waste by air, rail, road or water;
(32)“transporter”
means a person engaged in the off-site transportation of hazardous waste by
air, rail, road or water;
(33)“treatment”
means a method, technique or process, designed to change the physical, chemical
or biological characteristics or composition of any hazardous waste so as to
render such wastes harmless;
(34) “used
oil” means any oil -
(i)
derived from crude oil or mixtures containing
synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil,
compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent
oil and their tank bottom sludges; and
(ii) suitable for
re-refining if it meets the specifications laid down in Schedule 5,
but does not include waste oil;
(35)“waste
oil” means any oil -
(i)
which includes spills of crude oil, emulsions, tank
bottom sludge and slop oil generated from petroleum refineries, installations
or ships; and
(ii)
is unsuitable for re-refining,
but
can be used as fuel in furnaces if it meets the specifications laid down in
Schedule 6;
(36) words and expressions used
in these rules and not defined but defined in the Act shall have the meanings
respectively assigned to them in the Act.'
4. In
rule 4B of the said rules, for the word and figure "Schedule 4", the
word and figure "Schedule 7" shall be substituted.
5. In
rule 5 of the said rules, -
(a) for sub-rule (2), the
following shall be substituted, namely:-
“(2) Every occupier handling, or a recycler recycling,
hazardous wastes shall make an application in Form 1 to the Member-Secretary,
State Pollution Control Board or Committee, as the case may be or any officer
designated by the State Pollution Control Board or Committee for the grant of
authorization for any of the said activities:
Provided that an occupier or a recycler not having a
hazardous wastes treatment and disposal facility of his own and is operating in
an area under the jurisdiction assigned by the State Pollution Control Board or
Committee, as the case may be, for a common Treatment, Storage and Disposal
Facility (TSDF) shall become a member of this facility and send his waste to
this facility to ensure proper treatment and disposal of hazardous wastes
generated failing which the authorization granted to the said occupier or
recycler in accordance with this sub-rule may be cancelled after giving a
reasonable opportunity to such occupier or recycler, as the case may be, of
being heard or shall not to be granted by the State Pollution Control Board or
Committee, as the case may be.”;
(b) for sub-rule
(3), the following sub-rule be substituted, namely: -
“(3) Any person who intends
to be an operator of a facility for the collection, reception, treatment,
transport, storage and disposal of hazardous wastes, shall make an application
in Form 1 to the Member-Secretary, State Pollution Control Board or Committee
for the grant of authorization for all or any of the above activities specified
in this rule.”;
(c) in sub-rule
(6), for clause(i), the following clause shall be
substituted, namely:-
“(i)
An authorization granted under this rule shall, unless suspended or cancelled,
be in force during the period of its validity as specified by the State
Pollution Control Board or Committee from the date of issue or from the date of
renewal, as the case may be”;
(d) in sub-rule (8),
(i) for clause
(ii), the following clause shall be substituted, namely:-
“on steps
taken, by the applicant wherever feasible, for reduction and prevention in the
waste generated or for recycling or reuse;”
(ii) clause (iv) shall be omitted;
(e) after sub-rule
(8), the following sub-rule shall be inserted, namely:-
“(9) Every
State Pollution Control Board or Committee shall maintain a register containing
particulars of the conditions imposed under these rules for any disposal of
hazardous wastes, on any land or premises and it shall be open for inspection
during office hours to any person interested or affected or a person authorized
by him in this behalf. The entries in the register shall be considered as proof
of grant of authorisation for management and handling of hazardous wastes on
such land or premises and the conditions subject to which it was granted."
6. In rule 7 of the said
rules, for sub-rules (4), (5) and (6), the following sub-rules shall be
substituted, namely:-
"(4) The occupier shall prepare six copies of the
manifest in Form 9 comprising of colour code indicated below (all six copies to
be signed by the transporter):
Copy number with colour code Purpose
___________________________________________________________________
1 2__________________
Copy 1 (white) to be forwarded by the occupier to the State
Pollution Control Board or Committee
Copy 2 (yellow) to be retained by the
occupier after taking signature on it from the transporter and rest of the four
copies to be carried by the transporter
Copy 3 (pink) to be retained by the
operator of the facility after signature
Copy 4 (orange) to be returned to the
transporter by the operator of facility after accepting waste
Copy 5 (green) to be returned by the
operator of the facility to State Pollution Control Board/Committee after
treatment and disposal of wastes
Copy 6 (blue) to be returned by the
operator of the facility to the occupier after treatment and disposal of
wastes";
______________________________________________________________________
"(5) The occupier
shall forward copy number 1 (white) to the State Pollution Control Board or
Committee and in case the hazardous waste is likely to be transported through
any transit State, the occupier shall prepare an additional copy each for such
State and forward the same to the concerned State Pollution Control Board or
Committee before he hands over the hazardous waste to the transporter. No transporter shall accept hazardous wastes
from an occupier for transport unless it is accompanied by copy numbers 2 to 5
of the manifest. The transporter shall
return copy number 2 (yellow) of the manifest signed with date to the occupier
as token of receipt of the other four copies of the manifest and retain the
remaining four copies to be carried and handed over to respective agencies as
specified in sub-rule (4)."
"(6) In case of
transport of hazardous wastes to a facility for treatment, storage and disposal
existing in a State other than the State where hazardous wastes are generated,
the occupier shall obtain 'No Objection Certificate' from the State Pollution
Control Board or Committee of the concerned State or Union territory
Administration where the facility is existing".
7. For rule 8 of the said rules, the
following rule shall be substituted, namely:-
"8. Disposal
sites:-
(1) The occupier or operator of a facility or any
association of occupiers shall be jointly and severally responsible for
identifying sites for establishing the facility for treatment, storage and
disposal of hazardous wastes.
(2) The State
Government, operator of a facility or any association of occupiers shall
jointly and severally be responsible for, and identify sites for common
facility for treatment, storage and disposal of hazardous wastes in the State.
(3) The
operator of a facility, occupier or any association of occupiers shall undertake
an environmental impact assessment (EIA) of the selected site(s) and shall
submit the EIA report to the State Pollution Control Board or Committee.
(4) The State
Pollution Control Board or Committee shall on being satisfied with the EIA
report, cause a public notice for conducting a public hearing as per the
procedure contained in the Environment Impact Assessment Notification, 1994
published vide S.O. 60(E) dated the 27th January, 1994 as
amended from time to time.
(5) The State
Pollution Control Board or Committee shall forward to the State Government or
(6) The State
Government shall complete the assessment within a period of thirty days from
the date of receipt of the documents mentioned in sub-rule (5) and convey the
decision of its approval of site(s) or otherwise within 30 days thereafter to
the concerned operator of the facility, occupier or any association of
occupiers.
(7) After
approval of the site or sites, the State Government shall acquire the site(s)
or inform the occupier or any operator of facility, or any association of
occupiers to acquire the site(s) for setting up the facility for treatment,
storage and disposal of hazardous wastes.
The State Government shall simultaneously notify such sites(s). The State Government shall also compile and
publish periodically an inventory of such hazardous wastes disposal sites and
facilities;
(8) Setting
up of an on-site facility for treatment, storage and disposal of hazardous
wastes for captive use shall be governed by the authorisation procedure laid
down in rule 5".
8. In rule 9 of the said
rules, after sub-rule(2), the following sub-rule shall be inserted, namely:-
"(3) The State Pollution Control Board or Committee
shall prepare an inventory of hazardous wastes as nearly as possible to Form 4
within its jurisdiction and compile other related information like treatment
and disposal of hazardous wastes based on the returns filed by respective
occupier and operator of facility as per sub-rule(2)."
9. For rule 12 of the said rules, the following rule shall be
substituted, namely:-
"12. Import
and export of hazardous wastes for recycling and reuse.
(1)
Save as otherwise provided, no person shall import
or export hazardous wastes or substances containing or contaminated with such
hazardous wastes as specified in Schedule 8.
(2)
The Ministry of Environment and Forests shall be the
nodal Ministry to deal with the trans-boundary movement of hazardous wastes and
to grant permission of transit of hazardous wastes through any part of
(3)
Import and export of hazardous wastes shall be
permitted as raw material for recycling or reuse.
(4)
The authorities mentioned in column 2 of Schedule 7
shall be responsible for regulation of export and import of hazardous wastes.
(5)
Any occupier importing or exporting hazardous wastes
shall provide detailed information in Form 7A to the Customs authorities.
(6)
Any occupier importing or exporting hazardous wastes
shall comply with the articles of the Basel Convention to which the Central
Government is a signatory.
(7)
In case of any dispute as to the grant of permission
to import or export of hazardous wastes, the matter shall be referred to the
Central Government for a decision."
10. In rule 13 of the said
rules, -
(a) for sub-rule (1), the following sub-rule
shall be substituted, namely:-
“(1) Every
occupier seeking to import hazardous wastes shall apply to the State Pollution
Control Board or Committee at least 120 days in advance of the intended date of
commencement of the shipment in Form 6.";
(b) in sub-rule (3), clause (e) shall be omitted;
(c) after sub-rule
(8), the following sub-rule shall be inserted, namely:-
"(9) An occupier importing hazardous wastes
listed under an Open General Licence of the Directorate General of Foreign
Trade shall register himself with the Ministry of Environment and Forests or
any other authority or agency such as the Central Pollution Control Board
designated by it in accordance with the procedure laid down under rule 19.”
11. In
rule 15 of the said rules, in sub-rule (2), in clause (ii), the following shall
be added at the end, namely: -
“in accordance with
the procedure laid down by the State Pollution Control Board or Committee in
consultation with Central Pollution Control Board."
12
In rule 16 of
the said rules, for sub-rule (2), the following sub-rule shall be
substituted, namely:-
"(2) The occupier and operator of a facility shall
also be liable to reinstate or restore damaged or destroyed elements of the
environment at his cost, failing which the occupier or the operator of a facility,
as the case may be, shall be liable to pay the entire cost of remediation or
restoration and pay in advance an amount equal to the cost estimated by the
State Pollution Control Board or Committee.
Thereafter, the Board or Committee shall plan and cause to be executed
the programme for remediation or restoration.
The advance paid to State Pollution Control Board or Committee towards
the cost of remediation or restoration shall be adjusted once the actual cost of
remediation or restoration is finally determined and the remaining amount, if
any, shall be recovered from the occupier or the operator of the facility.”
13. In rule 18 of the said
rules, after sub-rule (2), the following sub-rule shall be inserted, namely:-
“(3)
Every appeal filed under this rule shall be disposed of within a period of
sixty days from the date of such filing.”
14. After rule 18 of the said rules, the following rules shall be
added, namely:-
“19. Procedure for registration and renewal
of registration of recyclers and re-refiners.
(1) Every person
desirous of recycling or re-refining non-ferrous metal wastes as specified in
Schedule 4 or used oil or waste oil shall register himself with the Central
Pollution control Board:
Provided that no owner or occupier of an industrial unit
having captive recycling of on-ferrous metals or recycling of waste oil or
re-refining of used oil facility shall be required to register under these
rules
Provided further that no person who has registered with the
Ministry of Environment & Forests before the commencement of the Hazardous
Wastes (Management and Handling) Amendment rues, 2003, shall, unless such
registration is cancelled or ceases to operate under sub-rule (3) of rule 21,
be required to register under this sub-rule as given in the certificate of
registration
(2) Every
application for registration under this rule shall be made in Form 11 along
with a copy each of the following documents to the Central Pollution Control
Board for the grant of such registration or renewal:-
(a) letter of consents granted
under the Water(Prevention and Control of
Pollution) Act, 1974 and the Air (Prevention and Control of Pollution)
Act, 1981;
(b) authorisation granted under rule 5 of these rules;
(c) certificate of registration
with District Industries Centre;
(d) proof of installed capacity
of plant and machinery issued by either State Pollution Control Board or
Committee or the District Industries Centre; and
(e) report from the State
Pollution Control Board or Committee regarding proof of compliance of effluent
and emission standards and treatment and disposal of hazardous wastes as
stipulated by that Board or Committee.
(3) If the Central Pollution
Control Board is satisfied that the recyclers or re-refiners possess requisite
facilities, technical capabilities, and equipment to recycle or re-refine the
wastes and dispose of the hazardous wastes generated, it shall grant a
certificate of registration to such recycler or re-refiner, as the case may
be.
(4) The Central Pollution Control Board shall dispose of the
application for registration within 120 days of receipt of such application
with complete details.
(5) The certificate of registration granted under sub-rule (3) shall be
valid for a period of two years from the date of its issue unless suspended or
cancelled earlier.
(6) Every application for renewal of registration
of a certificate of registration granted under sub-rule (3) shall be made in
Form 11 alongwith the documents mentioned in sub-rule (2) atleast two months before
the expiry of the period of validity of such certificate. The Central Pollution Control Board shall
renew the registration of the recycler or re-refinder
granted under sub-rule (3) after examining each case on merit.
(7) The Central Pollution Control
Board may, after giving reasonable opportunity to the applicant of being heard,
by order, refuse to grant certificate of registration of renewal.
(8)
The Central Pollution Control Board may cancel or suspend a registration or
renewal granted under these rules, if in its opinion the registered recycler
has failed to comply with any of the conditions of registration, or with any
provisions of the Act or rules made thereunder after giving him an opportunity
of being heard and after recording the reasons therefor;
(9) An appeal against any order of suspension or
cancellation or refusal of registration or renewal passed by Central Pollution
Control Board shall lie with the Secretary, Ministry of Environment and Forests
(hereafter referred to as the appellate authority)
(10)The
memorandum of appeal under sub-rule (9) shall be in writing and shall be
accompanied with a copy of the order appealed against and shall be presented
within 30 days of passing of the order:
Provided that the
appellate authority may allow a memorandum of appeal to be filed after the
expiry of the said period of thirty days, but in no case later than 45 days if
the appellate authority is satisfied that there exists sufficient cause for not
preferring the appeal in time.
(11)On
receipt of a memorandum of appeal under sub-rule (9) the appellate authority
shall within ninety days from the date of receipt of such memorandum of appeal
and after giving the appellant an opportunity of being head pass such order as
he may deem fit.
(12) In case of units registered
with the Ministry of Environment and Forests or the Central Pollution Control
Board for items placed under “free category” in Notification nos. 22(RE-99)
1997-2002 dated 30th July, 1999; 26((RE-99) 1997-2002 dated 10th
September, 1999; 38 (RE-2000)1997-2002 dated 16th October, 2000 and
6(RE 2001) dated 31st March,
2001 issued by the Directorate General of Foreign Trade and other similar
notifications issued based on the advice
of Ministry of Environment and Forests, prior import permission from that Ministry
shall not be required.
(13)Recyclers and re-refiners registered with the Government of India
in the Ministry of Environment and Forests or the Central Pollution Control
Board shall maintain a record of wastes purchased, processed and sold and shall
file an annual return in Form-12 to the respective State Pollution Control
Board or Committee, as the case may be, latest by 31st January of
every year.
20. Responsibility of waste generator: –
(1) No owner or occupier generating non-ferrous
metal waste specified in Schedule 4 or generating used oil or waste oil of ten
tons or more per annum shall sell or auction such non-ferrous metal wastes,
used oil or waste oil except to a registered re-refiner or recycler, as the
case may be, who undertakes to re-refine of recycle the waste within the period
of validity of his certificate of registration.
(2) Any waste oil which does not meet the
specifications laid down in Schedule 6 shall not be auctioned or sold but shall
be disposed of in hazardous wastes incinerator installed with air pollution
control devices and meeting emission standards.
(3) The persons generating waste or auctioneers
shall ensure that at the time of auction or sale, the period of validity of the
certificate of registration of the registered re-refiner or recycler is
sufficient to reprocess the quantity of wastes being sold or auctioned to him.
(4) The waste generators and auctioneers shall
ensure that the wastes are not allowed to be stored for more than ninety days
and shall maintain a record of auctions and sale of such wastes and make these
records available to the State Pollution Control Board or Committee for
inspections.
(5) The waste generators and auctioneers shall
file annual returns of auction and sale in Form-13 latest by 31st day of
January of every year to the respective State Pollution Control Board or
Committee.
21.
Technology and standards for re-refining or recycling:-
(1)
Re-refiners and recyclers shall use only environmentally sound technologies
while recycling and re-refining non-ferrous metal wastes or used oil or waste
oil. In case of used oil, re-refiners using acid clay process or modified acid
clay process shall switch over within six months from the date of commencement of
the Hazardous Wastes (Management and Handling) Amendment Rules, 2003 to other
environmentally sound technologies as under:-
(a) Vacuum
distillation with clay treatment;
(b) Vacuum
distillation with hydrotreating;
(c) Thin film
evaporation process; or
(d) Any other
technology approved by the Ministry of
Environment and
Forests
(2) The re-refiners and recyclers registered with
the Ministry of Environment and Forests or the Central Pollution Control Board
in accordance with the procedure laid down in rule 19 shall file a compliance
report of having adopted one of the technologies mentioned in sub-rule (1) within six months from the date of
commencement of the Hazardous Wastes (Management and Handling) Amendment Rules,
2003.
(3) Notwithstanding anything contained in a
certificate of registration granted to a recycler or re-refiner, such
registration with the Ministry of Environment and Forests shall cease to be
valid if he fails to comply with sub-rule (1).
(4) The State Pollution Control Board or
Committee shall inspect the re-refining and recycling units within three months
of the expiry of the six months period referred to in sub-rule(1) and submit a
compliance report to the Central Pollution Control Board which shall compile such information and
furnish the same to the Ministry of Environment and Forests on a regular basis.
(5) The Ministry of Environment and Forests shall
notify from time-to-time specifications and standards to be followed by
recyclers and re-refiners."
15. In the said rules, for Schedules 1 to 4, the following Schedules
shall be substituted, namely:-
"SCHEDULE
- 1
[See rule 3(14)(a)]
List of
Hazardous Wastes
|
S.No. |
Processes |
Hazardous Wastes |
|
1 |
2 |
3 |
|
1. |
Petrochemical processes and pyrolytic operations |
1.1 Furnace/reactor residue and debris* 1.2 Tarry residues 1.3 Oily sludge emulsion 1.4 Organic residues 1.5 Residues from alkali wash of fuels 1.6
Still bottoms from distillation process 1.7
Spent catalyst and molecular sieves 1.8
Slop oil from wastewater 1.9
ETP sludge containing hazardous constituents |
|
2. |
Drilling operation for oil and
gas production |
2.1 Drill cuttings containing oil 2.2 Sludge containing oil 2.3 Drilling mud and other drilling wastes* |
|
3. 4. 5. |
Cleaning, emptying and maintenance
of petroleum oil storage tanks including ships Petroleum refining/re-refining
of used oil/recycling of waste oil Industrial operations using
mineral/synthetic oil as lubricant in hydraulic systems or other applications
|
3.1 Oil-containing cargo residue, washing water and sludge 3.2 Chemical-containing cargo residue and
sludge 3.3
Sludge and filters contaminated with oil 3.4 Ballast water containing oil from ships. 4.1
Oily sludge/emulsion 4.2
Spent catalyst 4.3
Slop oil 4.4
Organic residues from process 4.5
Chemical sludge from waste water treatment 4.6
Spent clay containing oil 5.1 Used/spent oil 5.2 Wastes/residues containing oil |
*Unless
proved otherwise by the occupier based on sampling and analysis carried out by
a laboratory recognized under the Act not to contain any of the constituents
mentioned in Schedule 2 to the extent of concentration limits specified therein.
|
S.No. |
Processes |
Hazardous Wastes |
|
1 |
2 |
3 |
|
6. 7. 8. |
Secondary production and/or use of zinc Primary production of zinc/lead/copper and other
non-ferrous metals except aluminium Secondary production of copper |
6.1 Sludge and filter press cake arising
out of zinc sulphate
production 6.2 Zinc fines/dust/ash/skimmings (dispersible form) 6.3 Other residues from processing of zinc ash/skimmings 6.4 Flue gas dust
and other particulates* 7.1
Flue gas dust from roasting* 7.2
Process residues 7.2 Arsenic-bearing sludge 7.3 Metal bearing sludge and
residue including jarosite 7.4 Sludge from ETP and scrubbers 8.1 Spent
electrolytic solutions 8.2 Sludges
and filter cakes 8.3 Flue gas dust and other particulates* |
|
9. |
Secondary production of lead |
9.1 Lead slag/Lead bearing residues 9.2 Lead
ash/particulate from flue gas |
|
10. 11. 12. |
Production and/or use of
cadmium and arsenic and their compounds Production of primary and
secondary aluminium Metal surface treatment, such
as etching, staining, polishing, galvanising,
cleaning, degreasing, plating, etc. |
10.1 Residues containing cadmium and arsenic 11.1 Sludges from
gas treatment 11.2 Cathode
residues including pot lining wastes 11.3 Tar
containing wastes 11.4
Flue gas dust and other particulates* 11.5 Wastes from
treatment of salt slags and black drosses* 12.1 Acid residues 12.2
Alkali residues 12.3 Spent bath/sludge containing sulphide, cyanide and toxic metals 12.4 Sludge from bath containing organic solvents 12.5
Phosphate sludge 12.6
Sludge from staining bath 12.7
Copper etching residues 12.8
Plating metal sludge 12.9 Chemical
sludge from waste water treatment |
* Unless proved otherwise by the occupier based on sampling and analysis carried out by a laboratory recognized under the Act not to contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein.
|
S.No. |
Processes |
Hazardous Wastes |
|
1 |
2 |
3 |
|
13. 14. 15. 16. 17. 18. 19. 20. |
Production of iron and steel
including other ferrous alloys (electric furnaces; steel rolling and
finishing mills; Coke oven and by product plant) Hardening of steel Production of asbestos or
asbestos-containing materials Production of caustic soda and chlorine Production of acids Production of nitrogenous and complex fertilizers Production of phenol Production and/or industrial
use of solvents |
13.1 Process dust * 13.2
Sludge from acid recovery unit 13.3 Benzol acid sludge 13.4
Decanter tank tar sludge 13.5 Tar
storage tank residue 14.1 Cyanide-, nitrate-, or nitrite-containing
sludge 14.2 Spent hardening salt 15.1
Asbestos-containing residues 15.2
Discarded asbestos 15.3
Dust/particulates from exhaust gas treatment. 16.1
Mercury bearing sludge 16.2 Residue/sludges and filter cakes* 16.3 Brine sludge containing mercury 17.1
Residues, dusts or filter cakes* 17.2
Spent catalyst* 18.1 Spent catalyst* 18.2
Spent carbon* 18.3
Sludge/residue containing
arsenic 18.4
Chromium sludge from water
cooling tower 18.5
Chemical sludge from waste
waster treatment 19.1
Residue/sludge containing phenol 20.1 Contaminated aromatic, aliphatic or napthenic solvents not fit for originally intended use 20.2
Spent solvents 20.3
Distillation residues |
* Unless proved otherwise by the occupier based on sampling and analysis carried out by a laboratory recognized under the Act not to contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein.
|
S.No. |
Processes |
Hazardous Wastes |
|
1 |
2 |
3 |
|
21. 22. |
Production and/or industrial use of paints,
pigments, lacquers, varnishes, plastics and inks Production of plastic raw materials |
21.1 Wastes and residues 21.2
Fillers residues 22.1 Residues of additives used in
plastics manufacture like dyestuffs,
stabilizers, flame retardants, etc. 22.2
Residues of platicisers 22.3
Residues from vinylchloride monomer
production 22.4
Residues from acrylonitrile production 22.5
Non-polymerised residues |
|
23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. |
Production and/or industrial
use of glues, cements, adhesive and resins Production of canvas and textiles Industrial production and formulation of wood
preservatives Production or industrial use of synthetic dyes,
dye-intermediates and pigments Production or industrial use of
materials made with organo-silicone compounds Production/formulation of
drugs/ pharmaceuticals Production, use and formulation of pesticides
including stock-piles Leather tanneries Electronic Industry Pulp & Paper Industry Disposal of barrels / containers used for
handling of hazardous wastes / chemicals Purification processes for air
and water Purification process for
organic compounds/solvents Waste treatment processes, e.g. incineration,
distillation, separation and
concentration techniques |
23.1
Wastes/residues (not made with vegetable or animal materials)* 24.1 Textile chemical residues* 24.2 Chemical sludge from waste water treatment 25.1
Chemical residues 25.2
Residues from wood alkali bath 26.1
Process waste sludge/residues containing acid or other toxic metals or
organic complexes 26.2 Chemical sludge from
waste water treatment 26.3 Dust from air filtration
system 27.1 Silicone-containing residues 27.2
Silicone oil residues 28.1
Residues and wastes* 28.2
Spent catalyst / spent carbon 28.2
Off specification products 28.3
Date-expired, discarded and
off-specification drugs/ medicines 28.4
Spent mother liquor 28.5
Spent organic solvents 29.1 Wastes/residues containing pesticides 29.2 Chemical sludge from waste water treatment 29.3 Date-expired and off-specification
pesticides 30.1 Chromium bearing residue and sludge 30.2 Chemical
sludge from waste water treatment 31.1 Residues and
wastes* 31.2 Spent etching
chemicals and solvents 32.1 Spent chemicals 32.2 Corrosive
wastes arising from use of strong acid and bases 32.3 Sludge containing
adsorbable organic halides 33.1
Chemical-containing residue from
decontamination and disposal 33.2 Sludge from
treatment of waste water arising out of cleaning / disposal of barrels /
containers 33.3 Discarded containers / barrels / liners used for hazardous
wastes/chemicals 34.1 Flue gas cleaning residue* 34.2 Toxic metal-containing residue from used-ion exchange material in water purification 34.3 Chemical sludge from waste water treatment
34.4 Chemical sludge, oil and grease skimming
residues from common industrial effluent treatment plants (CETPs) and industry-specific effluent treatment
plants (ETPs) 34.5 Chromium sludge from cooling water
treatment 35.1 Filters and filter material which have
organic liquids in them, e.g. mineral oil, synthetic oil and organic chlorine
compounds 35.2 Spent catalyst* 35.3 Spent carbon* 36.1 Sludge from wet scrubbers 36.2 Ash from incineration of hazardous waste,
flue gas cleaning residues 36.3 Spent acid from batteries 36.4 Distillation residues from contaminated
organic solvents |
* Unless proved otherwise by
the occupier based on sampling and analysis carried out by a laboratory
recognized under the Act not to contain any of the constituents mentioned in
Schedule 2 to the extent of concentration limits specified therein.
Schedule -
2
[See rule 3(14)(b)]
List of Wastes
Constituents with Concentration Limits*
Class A
Concentration limit: ł 50 mg/kg
A1 Antimony
and antimony compounds
A2 Arsenic
and arsenic compounds
A3 Beryllium
and beryllium compounds
A4 Cadmium
and cadmium compounds
A5 Chromium (VI) compounds
A6 Mercury
and mercury compounds
A7 Selenium
and selenium compounds
A8 Tellurium
and tellurium compounds
A9 Thallium
and thallium compounds
A10 Inorganic
cyanide compounds
A11 Metal
carbonyls
A12 Napthalene
A13 Anthracene
A14 Phenanthrene
A15 Chrysene,
benzo (a) anthracene, fluoranthene, benzo (a) pyrene, benzo (K) fluoranthene, indeno (1, 2, 3-cd) pyrene and benzo (ghi) perylene
A16 halogenated compounds of aromatic rings, e.g.
polychlorinated biphenyls, polychloroterphenyls and
their derivatives
A17 Halogenated aromatic compounds
A18 Benzene
A19 Organo-chlorine
pesticides
A20 Organo-tin
Compounds
___________________________________________________________________________
*Waste constituents and their concentration limits
given in this list are based on BAGA (the Netherlands Environment Protection
Agency) List of Hazardous Substances. In
order to decide whether a specific material listed above is hazardous or not,
following points be taken into consideration:
(i)
If a component of the waste appears in one of the five risk classes
listed above (A,B,C,D or E) and the concentration of the component is equal to
or more than the limit for the relevant risks class, the material is then
classified as hazardous waste.
(ii)
If a chemical compound containing a hazardous constituent is present in
the waste, the concentration limit does not apply to the compound, but only to
the hazardous constituent itself.
(iii)
If multiple hazardous constituents from the same class are present in
the waste, the concentrations are added together.
(iv)
If multiple hazardous constituents from different classes are present in
the waste, the lowest concentration limit corresponding to the constituent(s)
applies.
(v)
For substances in water solution, the concentration limit for dry matter
must be used. If the dry matter content
is less than 0.1% by weight, the concentration limit, reduced by a factor of
one thousand, applies to the solution.
Class B
Concentration limit: ł 5, 000 mg/kg
B1 Chromium (III) compounds
B2 Cobalt
compounds
B3 Copper
compounds
B4 Lead
and lead compounds
B5 Molybdenum
compounds
B6 Nickel
compounds
B7 Inorganic
Tin compounds
B8 Vanadium
compounds
B9 Tungsten
compounds
B10 Silver
compounds
B11 Halogenated aliphatic compounds
B12 Organo
phosphorus compounds
B13 Organic
peroxides
B14 Organic
nitro-and nitroso-compounds
B15 Organic
azo-and azooxy compounds
B16 Nitriles
B17 Amines
B18 (Iso-and thio-) cyanates
B19 Phenol
and phenolic compounds
B20 Mercaptans
B21 Asbestos
B22 Halogen-silanes
B23 Hydrazine
(s)
B24 Flourine
B25 Chlorine
B26 Bromine
B27 White
and red phosphorus
B28 Ferro-silicate
and alloys
B29 Manganese-silicate
B30 Halogen-containing
compounds which produce acidic vapours on contact
with humid air or water, e.g. silicon tetrachloride, aluminium
chloride, titanium tetrachloride
Class C
Concentration limit; ł 20, 000 mg/kg
C1 Ammonia
and ammonium compounds
C2 Inorganic
peroxides
C3 Barium
compounds except barium sulphate
C4 Fluorine
compounds
C5 Phosphate
compounds except phosphates of aluminium, calcium and
iron
C6 Bromates, (hypo-bromites)
C7 Chlorates, (hypo-chlorites)
C8 Aromatic
compounds other than those listed under A12 to A18
C9 Organic
silicone compounds
C10 Organic
sulphur compounds
C11 Iodates
C12 Nitrates,
nitrites
C13 Sulphides
C14 Zinc
compounds
C15 Salts
of per-acids
C16 Acid amides
C17 Acid
anhydrides
Class D
Concentration limit: ł 50, 000 mg/kg
D1 Total
D2 Inorganic
acids
D3 Metal
hydrogen sulphates
D4 Oxides
and hydroxides except those of hydrogen, carbon, silicon, iron, aluminum,
titanium, manganese, magnesium, calcium
D5 Total
hydrocarbons other than those listed under A12 to A18
D6 Organic
oxygen compounds
D7 Organic
nitrogen compounds expressed as nitrogen
D8 Nitrides
D9 Hydrides
Class E
Regardless of concentration limit; Classified as
hazardous wastes at all concentrations
E1 Flammable
substances
E2 Substances which
generate hazardous quantities of flammable gases
on contact with water or damp air
Schedule - 3
[See
rules 3 (14) (c) & 12(a)]
Part A: Lists of Wastes Applicable for Import and
Export
List
|
|
Description of Wastes |
Annex- I** |
Annex -III# |
OECD No. |
Customs Code |
|
AI |
Metal and Metal bearing wastes |
|
|
|
|
|
A1010 |
Metal waste and waste consisting of alloys of the
following metals, but excluding such wastes specified on list B(corresponding
mirror entry under List B in brackets) |
|
|
|
|
|
|
- Antimony |
Y27 |
6.1, 11, 12 |
AA070 |
ex 2620.90 |
|
|
- Cadmium |
Y26 |
6.1, 11, 12 |
AA070 |
ex 2620.90 |
|
|
- Tellurium - Lead |
Y28 Y31 |
6.1, 11, 12 6.1, 11, 12 |
AA070 |
ex 2620.90 |
|
A1020 |
Waste having as constituents or contaminants,
excluding metal wastes in massive form, any of the following: |
|
|
|
|
|
|
- Cadmium,
cadmium compounds. ( see B1020) |
Y26 |
6.1, 11, 12 |
AA070 |
ex 2620.90 |
|
|
-
Antimony, antimony compounds. ( see B1020) |
Y27 |
|
|
|
|
|
-
Tellurium, tellurium compounds. ( see B1020) |
Y28 |
6.1, 11, 12 |
AA070 |
ex 2620.90 |
|
|
- Lead,
lead compounds. ( see B1020) |
Y31 |
6.1, 11, 12 |
AA030 |
ex 2620.20 |
__________________________________________________________________________________________
*List A given as Annex.VIII of the Basel Convention on Transboundary
Movement of Hazardous Wastes and their disposal comprises of wastes
characterized as hazardous under Article 1, paragraph 1(a) of the
Convention. Inclusion of wastes on this
list does not preclude the use of hazard characteristics given in Annex.III of Basel Convention to demonstrate that the
wastes are not hazardous. Above list is modified to the extent that
certain waste categories given in List 'A' (Annex VIII) of Basel Convention
have been prohibited for import and export under the Environment(Protection)
Act, 1986 and are listed separately under Schedule 8 of these Rules. Hazardous wastes in the above list are
restricted and cannot be allowed to be imported into the country without DGFT
licence.
**Annex.I of Basel Convention denoting serial no. of the category of wastes to be controlled.
# Annex.III of Basel Convention denoting serial numbers of the hazard characteristics (Part B of this Schedule).
|
A1040 |
Wastes having as constituents any of the following: |
|
|
|
|
|
|
- Metal carbonyls |
Y19 |
6.1, 11, 12 |
|
|
|
A1050 |
Galvanic sludges |
Y17 |
6.1, 12 |
AA120 |
|
|
A1060 |
Wastes Liquors from the pickling of metals. |
Y17 |
6.1, 12 |
AA130 |
|
|
A1070 |
Leaching residues from zinc processing, dusts and
sludges such as jarosite, hematite, geoethite, etc. |
Y23 |
12 |
AA140 |
|
|
A1080 |
Waste Zinc residues not included on list B
containing lead and cadmium in concentrations sufficient to exhibit hazard
characteristics indicated in part B of this schedule (see B1080 and B1100) |
Y23 |
4.3, 12 |
AA020 |
ex 262019, ex 2620.1, ex 2817 |
|
A1090 |
Ashes from the incineration of insulated copper wire |
Y22 |
12 |
|
|
|
A1100 |
Dust and residues from gas cleaning systems of
copper smelters. |
Y18, Y22 |
12 |
|
ex 2620.30 |
|
A1110 |
Spent electrolytic solutions from copper electrorefining and electrowinning
operations |
Y22 |
12 |
|
ex 2620.30 |
|
A1120 |
Wastes sludges, excluding anode slimes, from
electrolytic purification systems in copper electrorefining
and electrowinning operations. |
Y18, Y22 |
12 |
|
ex 2620.30 |
|
A1130 |
Spent etching solutions containing dissolved
copper. |
Y22 |
12 |
|
ex 3824.90 |
|
A1150 |
Precious metal ash from incineration of printed
circuit boards not included on list' B' (see B-1160) |
|
|
AA161 |
ex7112.10 |
|
A1160 |
Waste Lead acid batteries whole or crushed. |
Y31 |
6.1, 11, 12 |
AA170 |
|
|
A1170 |
Unsorted waste batteries excluding mixtures of
only List B batteries. Waste batteries not specified on List B containing
schedule 2 constituents to an extent
to render them hazardous (see B1090) |
Y26, Y29, Y31 |
6.1, 11, 12 |
|
ex 8548.10 ex 8548.90 |
|
A1180 |
Waste Electrical and electronic assembles or
scrap containing, compounds such as accumulators and other batteries included
on list A, mercury-switches, glass from cathode-ray tubes and other activated
glass and PCB-capacitors, or contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead,
polychlorinated biphenyl) to an extent that they exhibit hazard
characteristics indicated in part B of this Schedule (see B1110) |
|
|
|
|
|
A2 |
Wastes
containing principally inorganic constituents, which may contain metals and
organic materials |
|
|
|
|
|
A2010 |
Glass waste from cathode ray tubes and other
activated glasses |
Y31 |
6.1, 11, 12 |
AB040 |
ex 7001.00 |
|
A2030 |
Wastes catalysts but excluding such wastes
specified on List B |
Y31 |
|
|
|
|
A3 |
Wastes
containing principally organic constituents which may contain metals and
inorganic materials |
|
|
|
|
|
A3010 |
Waste from the production or processing of
petroleum coke and bitumen |
Y11 |
|
AC010 |
ex 2713.90 |
|
A3020 |
Waste mineral oils unfit for their originally
intended use |
Y8 |
|
AC030 |
2710.00 3823.90 |
|
A3050 |
Wastes from production formulation and use of
resins, latex, plasticisers, glues/adhesives
excluding such wastes specified in List B (B4020) |
Y13 |
|
AC090 |
|
|
A3070 |
Waste
phenol, phenol compounds including chlorophenol
in the form of liquids or sludges |
Y39 |
|
AC110 |
|
|
A3080 |
Waste ethers not including those specified in List B |
|
|
AC 130 |
|
|
A3120 |
Fluff: light fraction from shredding |
|
|
AC190 |
|
|
A3130 |
Waste organic phosphorus compounds |
Y37 |
|
AC200 |
|
|
A3140 |
Waste non-halogenated
organic solvents (but excluding such wastes specified on List B) |
Y42 |
|
AC210 |
|
|
A3160 |
Waste halogenated or unhalogenated non-aqueous distillation residues arising
from organic solvent recovery operations |
Y18 |
|
AC230 |
|
|
A3170 |
Waste arising from the production of aliphatic halogenated
hydrocarbons (such as chloromethanes, dichloroethane, vinylchloride, vinylidene chloride, allyl
chloride and epichlorhydrin) |
Y45 |
|
AC240 |
|
|
A4 |
Wastes which may contain either
inorganic or organic constituents |
|
|
|
|
|
A4010 |
Wastes from the production and preparation and
use of pharmaceutical products but excluding such wastes specified on List B |
Y2 |
|
ADVISER010 |
|
|
A4040 |
Wastes from the manufacture formulation and use
of wood preserving chemicals |
Y5, Y22, Y24 |
|
ADVISER030 |
|
|
A4070 |
Waste from the production, formulation and use of
inks, dyes, pigments, paints, lacquers, varnish excluding those specified in
List B (B4010) |
Y12 |
|
ADVISER070 |
|
|
A4080 |
Wastes of an explosive nature excluding such wastes specified on List
B |
Y15 |
|
|
|
|
A4090 |
Waste acidic or basic solutions excluding those
specified in List B(B2120) |
Y34Y35 |
|
AB110 ADVISER110 |
|
|
A4100 |
Wastes from industrial pollution control devices
for cleaning of industrial off-gases excluding such wastes specified on List
B |
Y18 |
|
|
|
|
A4110 |
Wastes that contain, consist of or are contaminated with any of the
following: ·
Any congenor of polychlorinated dibenzo-furan ·
Any congenor
of polychlorinated dibenzo-dioxin |
Y43 |
|
RC010 |
|
|
A4120 |
Wastes that contain, consist of or are contaminated with peroxides. |
|
|
|
|
|
A4130 |
Waste packages and containers containing any of
the constituents mentioned in Schedule 2 to the extent of concentration
limits specified therein. |
|
|
|
|
|
A4140 |
Waste consisting of or containing off
specification or out-dated chemicals containing any of the constituents
mentioned in Schedule 2 to the extent of concentration limits specified
therein. |
Y3 |
|
|
|
|
A4150 |
Waste chemical substances arising from research
and development or teaching activities which are not identified and/or are
new and whose effects on human health and/or the environment are not known |
Y14 |
|
|
|
|
A4160 |
Spent activated carbon not included on List B
(B2060) |
|
|
|
ex 2803 |
|
LIST-B* |
|||||
|
B1 |
Metal and
metal-bearing wastes |
|
|
|
|
|
B1010 |
Metal and metal-alloy wastes in metallic,
non-dispersible form: |
|
|
|
|