MINISTRY OF ENVIRONMENT & FORESTS NOTIFICATION
(New Delhi, the 28th July, 1989)
1S.O.594(E)- In exercise of the powers conferred by section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules, namely:-
1. SHORT TITLE AND COMMENCEMENT.
(1) These rules may be called the Hazardous Wastes (Management and Handling) Rules, 1989.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. APPLICATION.
These rules shall apply to 2[the handling of] hazardous wastes as specified in the3[Schedule] and shall not apply to –
(a) waste water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder;
(b) wastes arising out of the operation from ships beyond five kilometers as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder;
(c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder.
4[(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act;
1 As published in Gazette of India, Extraordinary, Part II 3(ii) dated 28.7.1989, subsequently amended by Notification 116(E), dated 15.3.1990, G.S.R.380(E), dated 31.3.1992, S.O.625(E), dated 3.9.1996, S.O.24(E), dated 6.1.2000 and notification S.O.593(E), dated 20.5.2003;
2 Inserted by Rule 2(a) of the Hazardous Waste(Management and Handling) Rules, 2000, notified vide Notification
S.O.24(E), dated 6.1.2000.
3 Substituted by Rule 2(b), ibid.
4 Inserted by Rule 2 of the Hazardous Waste(Management and Handling) (Amendment) Rules, 2003 notified vide Notification S.O. 593(E), dated 20.5.2003.
(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].
1[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 organization that applies, in Form 1, for granting of authorization 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) “authorization” means permission for collection, transport, treatment, reception, storage and disposal of hazardous wastes, granted by the competent authority in Form 2;
(6) “authorized person” means a person or an organization authorized by the competent authority;
(7) “Central Pollution Control Board” means the Central Board 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 India to a place outside India:
(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;
1 Substituted by Rule 3 of the Hazardous Waste(Management and Handling) (Amendment) Rules, 2003 notified vide Notification S.O. 593(E), dated 20.5.2003.
(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 trans boundary movement of hazardous wastes as specified in rule 15;
(17) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
(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.]
1[4. RESPONSIBILITY OF THE OCCUPIER AND OPERATOR OF A FACILITY FOR HANDLING OF THE WASTES.]
2[(1)The occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in Schedule 1, 2 and 3.]
(2) The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule (1), shall give, to the operator of a facility, such information as may be specified by the 3[State Pollution Control Board or Committee.]
1 Substituted by Rule 4(a) of the Hazardous Waste(Management and Handling) (Amendment) Rules, 2000 notified vide Notification No.S.O.24(E), dated 6.1.2000;
2 Inserted by Rule 4(b), ibid;
3 Substituted by Rule 3(i) of the Hazardous Waste (Management & Handling) Amendments Rules, 1996 notified vide Notification S.O. 625(E), dated 3.9.1996;
* “Committee” means Committee notified under the Water (Prevention and Control of Pollution) Act, 1974 and the Air
(Prevention and Control of Pollution) Act, 1981in respect of Union Territories’ as per Notification S.O.625(E),dated 3.9.1996.
1[(3)It shall be the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes listed in schedules-1, 2 and 3 are properly handled, and disposed of without any adverse effects to the environment.]
2{4A. DUTIES OF THE OCCUPIER AND OPERATOR OF A FACILITY.
It shall be the duty of the occupier and the operator of a facility to take adequate steps while handling hazardous waste to,—
i) Contain contaminants and prevent accidents and limit their consequences on human and the environment; and
ii) Provide persons working on the site with information, training and equipment necessary to ensure their safety.
4B. DUTIES OF THE AUTHORITY.
Subject to the provisions of these rules, the authority shall also perform duties as specified in Column 3 of 3[Schedule 7]}.
5. GRANT OF AUTHORISATION FOR HANDLING HAZARDOUS WASTES.
(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose.
4[(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.]
1 Inserted by Rule 4(c) of the Hazardous Waste(Management and Handling) (Amendment) Rules, 2000 notified vide Notification No.S.O.24(E), dated 6.1.2000;
2 Inserted by Rule 5, ibid.
3 Substituted by Rule 4 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003;
4 Substituted by Rule 5(a), ibid.
1[(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]
(4) 2[3{The Member-Secretary, State Pollution Control Board or any officer designated by the Board] or Committee} shall not issue an authorisation unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.
4[(4A) The authorisation application complete in all respects shall be processed by the State Pollution Control Boards within ninety days of the receipt of such application.]
(5) The authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.
(6) 5[(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.]
(ii) An application for the renewal of an authorisation shall be made in Form 1, before its expiry.
(iii) The authorisation shall continue to be in force until it is renewed or revoked.
(7) The 2[3{Member-Secretary, State Pollution Control Board or any officer designated by the Board] or Committee}, may, after giving reasonable opportunity of being heard to the applicant refuse to grant any authorisation.
1 Substituted by Rules 5(b) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003;
2 Inserted by Rule 6(a) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified vide Notification S.O.24(E), dated 6.1.2000.
3 Substituted by Rule 3(4) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 1996 notified vide Notification S.O. 625(E), dated 3.9.1996;
4 Inserted by Rule 6(c), of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified vide Notification S.O.24(E), dated 6.1.2000;
5 Substituted by Rule 5(c) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
1[(8) The Member-Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted under sub-rule (6), after examining each case on merit, subject to the following,—
(i) on submission of annual returns by the occupier or operator of facility in Form 4;]
2[(ii) on steps taken, by the applicant wherever feasible, for reduction and prevention in the waste generated or recycling or reuse;]
(iii) on fulfillment of conditions prescribed in the authorisation regarding management in an environmentally sound manner of wastes.
3[(iv) * * * …. ]
4[(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 authorization for management and handling of hazardous wastes on such land or premises and the conditions subject to which it was granted.]
6. POWER TO SUSPEND OR CANCEL AN AUTHORIZATION.
(1) The 5[State Pollution Control Board or Committee ] may cancel an authorization issued under these rules or suspend it for such period as it thinks fit, if in its opinion, the authorized person has failed to comply with any of the conditions of the authorization or with any provisions of the Act or these rules, after giving the authorized person an opportunity to show cause and after recording reasons therefor.
(2) Upon suspension or/cancellation of the authorization and during the pendency of an appeal under rule 12, the 5[State Pollution Control Board or Committee] may give directions to the persons whose authorization has been suspended or cancelled for the safe storage of the hazardous waste, and such person shall comply with such directions.
1 Inserted by Rule 6(E) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified vide Notification S.O. 24(E), dated 6.1.2000;
2 Substituted by Rule 5(d) (i) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003;
3 Omitted by Rule 5(d) (ii), ibid;
4 Inserted by Rule 5(e), ibid;
5 Substituted by Rule 3(6) of the Hazardous Waste (Management & Handling) Amendments Rules, 1996 notified vide Notification S.O. 625(E), dated 3.9.1996.
7. PACKAGING, LABELLING AND TRANSPORT OF HAZARDOUS WASTES.
1[(1) The occupier or operator of a facility shall ensure that the hazardous wastes are packaged, based on the composition in a manner suitable for handling, storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors.]
1[(2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules made by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time.]
2[(3) All hazardous waste containers shall be provided with a general label as given in Form 8.
3[(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 transporters):
| Copy number with colour code | Purpose |
| 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 4 (Orange) | to be returned to the transporter by the operator of the 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. |
1 Sub-Rule (1) and (2) substituted by Rule 7(a) and (b) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified vide Notification S.O. 24(E), dated 6.1.2000;
2 Sub-rule (3) to (7), inserted by Rule 7(c), of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified vide Notification S.O. 24(E), dated 6.1.2000;
3 Substituted ‘sub rule (4), (5) and (6)’ by Rule 6 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
(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) The occupier shall provide the transporter with relevant information in Form 10, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency.]
1[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.
1 Substituted Rule 8 by Rule 7 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
(5) The State Pollution Control Board or Committee shall forward to the State Government or Union territory Administration, as the case may be, the project report including EIA report and details of public hearing along with its recommendations within a period of 30 days from the last date of public hearing.
(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.]
1[8A. DESIGN AND SETTING UP OF DISPOSAL FACILITY.
(1) The occupier, any association or operator of a facility, as the case may be shall design and set up disposal facility as per the guidelines issued by the Central Government or the State Government as the case may be.
(2) The occupier, any association or operator, shall before setting up a disposal facility get the design and the layout of the facility approved by the State Pollution Control Board.
(3) The State Pollution Control Board shall monitor the setting up and operation of a facility regularly.
8B. OPERATION AND CLOSURE OF LANDFILL SITE.
(1) The occupier or the operator as the case may be, shall be responsible for safe and environmentally sound operation of the facility as per design approved under Rule 8A by the State Pollution Control Board;
(2) The occupier or the operator shall ensure that the closure of the landfill is as per the design approved under Rule 8A by the State Pollution Control Board .]
1 Inserted “Rule 8A & 8B” by Rule 9 of the Hazardous Waste (Management & Handling) (Amendment) Rules, 2000 notified vide Notification S.O. 24(E), dated 6.1.2000.
9. RECORDS AND RETURNS.
(1) The occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operations in Form 3.
(2) The occupier and operator of a facility shall send annual returns to the 1[State Pollution Control Board or Committee] in Form 4.
2[(3) The State Pollution Control Board or Committee shall prepare an inventory of hazardous wastes, as early as possible as per 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).]
10. ACCIDENT REPORTING AND FOLLOW-UP.
Where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous waste, the occupier or operator of a facility shall report immediately to the 1[State Pollution Control Board or Committee] about the accident in Form 5.
3[11. IMPORT AND EXPORT OF HAZARDOUS WASTES FOR DUMPING AND DISPOSAL.
Import of hazardous wastes from any country to India and export of hazardous wastes from India to any country for dumping or disposal shall not be permitted.]
*4[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.
1 Substituted by Rule 3(8) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 1996 notified vide Notification S.O.625(E), dated 3.9.1996.
2 Inserted by Rule 8 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593(E), dated 20.5.2003.
3 Substituted ‘Rule 11’ by Rule 10 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified by Notification S.O.24 (E), dated 6.1.2000;
4 Substituted by Rule 9 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003;
* “Rule 12 to 17” inserted by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified by Notification S.O.24 (E), dated 6.1.2000.
(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 India.
(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.]
*13. IMPORT OF HAZARDOUS WASTE.
1[(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.]
(2) The State Pollution Control Board shall examine the application received from the occupier within thirty days and forward the application with recommendation and requisite stipulations for safe transport, storage and processing, to the Ministry of Environment and Forests;
(3) The Ministry of Environment and Forests, Government of India will examine the application received from the State Pollution Control Board and after satisfying itself will grant permission for imports subject to the following:—
(a) environmentally friendly/appropriate technology used for re- processing;
(b) the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner;
(c) presence of adequate facility for treatment and disposal of wastes generated; and
1 Substituted by Rule 10 (a) for ‘sub-rule (1)’ of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
* “Rule 12 to 17” inserted by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified by Notification S.O.24 (E), dated 6.1.2000.
(d) approvals, no objection certificates and authorisations from all concerned authorities.
1[(e) * * * … ]
(4) The Ministry of Environment & Forests, Government of India, shall forward a copy of the permission granted, to the Central Pollution Control Board, the State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and to take appropriate steps for safe handling of the waste at the time of off-loading;
(5) An application for licence to the Directorate General of Foreign Trade for import shall be accompanied with the permission granted by the Ministry of Environment & Forests, Government of India under sub-rule (3) to the importer and an authenticated copy of Form 7 of the Exporter under sub-rule (3) of rule 14;
(6) The Port and Custom authorities shall ensure that the shipping document is accompanied with an authenticated copy of Form 7 and the test report from an accredited laboratory of analysis of the hazardous waste shipped;
(7) The occupier having valid permission to import shall inform the State and Central Pollution Control Board and the Port authorities of the arrival of the consignment of hazardous wastes ten days in advance;
(8) The occupier importing hazardous waste shall maintain the records of hazardous waste imports as specified in Form 6A and the record so maintained shall be available for inspection;
2[(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.]
*14. EXPORT OF HAZARDOUS WASTE.
(1) The exporting country or the exporter as the case may be, of hazardous waste shall apply ninety days in advance in Form 7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposed export and transboundary movement;
1 Omitted ‘Clause (e)’ by Rule 10(b) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
2 Inserted by ‘sub-rule (9)’ by Rule 10(c) of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
* “Rule 12 to 17” inserted by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified by Notification S.O.24 (E), dated 6.1.2000.
(2) The Ministry of Environment and Forests, Government of India, on receipt of such Form 7 from an exporter or an exporting country shall examine the case on merit and grant or refuse permission for export to India;
(3) The Ministry of Environment and Forests, shall communicate the grant of permission by authentication on Form 7 to the exporter and the exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control Board.
(4) The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received. The exporter shall also ensure that the shipping document is accompanied with Form 7A, an authenticated copy of Form 7 and an authenticated copy of the test report from an accredited laboratory of analysis of the hazardous waste.
(5) The occupier, exporting hazardous waste to any other country shall seek permission from the competent authority of that country prior to any shipment.
(6) Every occupier exporting hazardous waste shall inform the Central Government of the permission sought for exporting, permission granted for export and details of the export in Form 7.
*15. ILLEGAL TRAFFIC.
(1) The movement of hazardous wastes from or to the country shall be considered illegal:
(i) if it is without prior permission of the Central Government; or
(ii) if the permission has been obtained through falsification, mis- representation or fraud; or
(iii) it does not conform to the shipping details provided in the document;
(2) In case of illegal movement, the hazardous wastes in question;
(i) shall be shipped back within thirty days either to the exporter or to the exporting country; or
(ii) shall be disposed of within thirty days from the date of off-loading subject to inability to comply with sub-rule 2(i) above 1[in accordance with the procedure laid down by the State Pollution Control Board or Committee in consultation with Central Pollution Control Board.]
1 Added by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
* “Rule 12 to 17” inserted by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000 notified by Notification S.O.24 (E), dated 6.1.2000.
(3) In case of illegal transboundary movement of hazardous wastes, the occupier exporting hazardous waste from the country or the exporter exporting hazardous waste to the country and importer importing hazardous waste into the country shall ensure that the wastes in question is safely stored and shipped or disposed off in an environmentally sound manner within thirty days from the date of off-loading;
(4) The exporter shall bear the costs incurred for the disposal of such wastes.
*16. LIABILITY OF THE OCCUPIER, TRANSPORTER AND OPERATOR OF A FACILITY.
(1) The occupier, transporter and operator of a facility shall be liable for damages caused to the environment resulting due to improper handling and disposal of hazardous waste listed in schedule 1, 2 and 3;
1[(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.]
(3) The occupier and operator of a facility shall be liable to pay a fine as levied by the State Pollution Control Board with the approval of the Central Pollution Control Board for any violation of the provisions under these rules.
*17. TRANSITIONAL PROVISIONS. Where –
(a) On the date of coming into operation of these rules, an occupier handling hazardous wastes who is required to comply with the provisions of these rules, it will be sufficient compliance if the occupier and the authorities do so within three months after the date of coming into force of these rules;
(b) State Pollution Control Boards and Pollution Control Committees are required to oversee the compliance.
1 Substituted ‘sub-rule (2)’ by Rule 12 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003;
* “Rule 12 to 17” inserted by Rule 11 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2000
notified by Notification S.O.24 (E), dated 6.1.2000.
1[18. APPEAL.
(1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member-Secretary, State Pollution Control Board or any officer designated by the Board to the Secretary, Department of Environment of the State Government by whatever name called.
(2) Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within thirty days of the receipt of the order passed.]
2[(3) Every appeal filed under this rule shall be disposed of within a period of sixty days from the date of such filing.]
3[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 non-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 rules, 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;
1 Substituted by Rule 13 of the Hazardous Waste (Management and Handling) (Amendment) Rule 2000 notified by Notification No. S.O.24(E), dated 6.1.2000 ‘omitted Rule 12 now re-numbered as Rule 18’;
2 Inserted ‘sub-rule (3)’, by Rule 13 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
3 Added ‘rule 19, 20 & 21’ by Rule 14 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified by Notification S.O.593 (E), dated 20.5.2003.
(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.
1[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 or 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.
1 Added ‘Rule 19, 20 &21’ by Rule 14 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified vide Notification No.593(E), dated 20.5.2003;
(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.
1[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.
2[In case of used oil, re-refiners using acid clay process or modified acid clay process shall switch over on or before 31st December, 2004 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) 3[on or before 31st December, 2004 to the Central Pollution Control Board.
1 Added ‘Rule 19, 20 &21’ by Rule 14 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2003 notified vide Notification No.593(E), dated 20.5.2003;
2 Substituted by Rule 2 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2004 notified vide Notification No. S.O.897(E), dated 6.8..2004.
3 Substituted by Rule 2 of the Hazardous Waste (Management and Handling) (Amendment) Rules, 2004 notified vide Notification No. S.O.826(E), dated 19.7.2004.
Explanation:- This shall be applicable only to re-refiners and recyclers subject to the conditions that the re-refiners and recyclers shall submit:-
(i) copy of the order placed for purchase of plant and machinery for switch over to one of the approved technologies specified under sub- rule (1) of Rule 21 of these rules upto 15th August, 2004; and
(ii) bank guarantee, valid upto 31st January, 2005, for an amount of five lakh rupees in favour of Central Pollution Control Board, New Delhi upto 15th August, 2004.]
(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.]
[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. | Cleaning, emptying and maintenance of petroleum oil storage tanks including ships | 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. | Petroleum refining/re-refining of used oil/recycling of waste oil | 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. | Industrial operations using mineral/synthetic oil as lubricant in hydraulic systems or other applications | 5.1 | Used/spent oil |
| 5.2 | Wastes/residues containing oil | ||
| 6. | Secondary production and/or use of zinc | 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. | Primary production of zinc/lead/copper and other non-ferrous metals except aluminium | 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. | Secondary production of copper | 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. | Production and/or use of cadmium and arsenic and their compounds | 10.1 | Residues containing cadmium and arsenic |
| 11. | Production of primary and secondary aluminium | 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. | Metal surface treatment, such as etching, staining, polishing, galvanising, cleaning, degreasing, plating, etc. | 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 | ||
| 13. | Production of iron and steel including other ferrous alloys (electric furnaces; steel rolling and finishing mills; Coke oven and by product plant) | 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. | Hardening of steel | 14.1 | Cyanide-, nitrate-, or nitrite-containing sludge |
| 14.2 | Spent hardening salt | ||
| 15. | Production of asbestos or asbestos-containing materials | 15.1 | Asbestos-containing residues |
| 15.2 | Discarded asbestos | ||
| 15.3 | Dust/particulates from exhaust gas treatment. | ||
| 16. | Production of caustic soda and chlorine | 16.1 | Mercury bearing sludge |
| 16.2 | Residue/sludges and filter cakes* | ||
| 16.3 | Brine sludge containing mercury | ||
| 17. | Production of acids | 17.1 | Residues, dusts or filter cakes* |
| 17.2 | Spent catalyst* | ||
| 18. | Production of nitrogenous and complex fertilizers | 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. | Production of phenol | 19.1 | Residue/sludge containing phenol |
| 20. | Production and/or industrial use of solvents | 20.1 | Contaminated aromatic, aliphatic or napthenic solvents not fit for originally intended use |
| 20.2 | Spent solvents | ||
| 20.3 | Distillation residues | ||
| 21. | Production and/or industrial use of paints, pigments, lacquers, varnishes, plastics and inks | 21.1 | Wastes and residues |
| 21.2 | Fillers residues | ||
| 22. | Production of plastic raw materials | 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. | Production and/or industrial use of glues, cements, adhesive and resins | 23.1 | Wastes/residues (not made with vegetable or animal materials)* |
| 24. | Production of canvas and textiles | 24.1 | Textile chemical residues* |
| 24.2 | Chemical sludge from waste water treatment | ||
| 25. | Industrial production and formulation of wood preservatives | 25.1 | Chemical residues |
| 25.2 | Residues from wood alkali bath | ||
| 26. | Production or industrial use of synthetic dyes, dye-intermediates and pigments | 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. | Production or industrial use of materials made with organo-silicone compounds | 27.1 | Silicone-containing residues |
| 27.2 | Silicone oil residues | ||
| 28. | Production/formulation of drugs/ pharmaceuticals | 28.1 | Residues and wastes* |
| 28.2 | Spent catalyst/spent carbon | ||
| 28.3 | Off specification products | ||
| 28.4 | Date-expired, discarded and off-specification drugs/ medicines | ||
| 28.5 | Spent mother liquor | ||
| 28.6 | Spent organic solvents | ||
| 29. | Production, use and formulation of pesticides including stock-piles | 29.1 | Wastes/residues containing pesticides |
| 29.2 | Chemical sludge from waste water treatment | ||
| 29.3 | Date-expired and off-specification pesticides | ||
| 30. | Leather tanneries | 30.1 | Chromium bearing residue and sludge |
| 30.2 | Chemical sludge from waste water treatment | ||
| 31. | Electronic Industry | 31.1 | Residues and wastes* |
| 31.2 | Spent etching chemicals and solvents | ||
| 32. | Pulp & Paper Industry | 32.1 | Spent chemicals |
| 32.2 | Corrosive wastes arising from use of strong acid and bases | ||
| 32.3 | Sludge containing absorbable organic halides | ||
| 33. | Disposal of barrels/containers used for handling of hazardous wastes/chemicals | 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. | Purification processes for air and water | 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. | Purification process for organic compounds/solvents | 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. | Waste treatment processes, e.g. incineration, distillation, separation and concentration techniques | 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. |
[SCHEDULE 2]
[See rule 3(14)(b)]
LIST OF WASES CONSTITUENTS WITH CONCENTRATION LIMITS
| CLASS A | |
| Concentration limit: ≥ 50mg/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 |
| 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. | |
| A17 | Halogenated aromatic compounds |
| A18 | Benzene |
| A19 | Organo-chlorine pesticides |
| A20 | Organo-tin Compounds |
| CLASS B | |
| Concentration limit:≥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; ≥; 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: ≥50, 000 mg/kg | |
| D1 | Total Sulphur |
| 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 ONLY IMPORT AND EXPORT
[LIST A]
| Basel No. | Description of Wastes | [Annex I] | [Annex III] | OECD No. | Customs Code |
| A1 | 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) |
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| – Antimony | Y27 | 6.1, 11, 12 | AA070 | ex 2620.90 | |
| – Cadmium | Y26 | 6.1, 11, 12 | AA070 | ex 2620.90 | |
| – Tellurium | Y28 | 6.1, 11, 12 | AA070 | ex 2620.90 | |
| – Lead | Y31 | 6.1, 11, 12 | |||
| 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 | 6.1, 11, 12 | AA070 | ex 2620.90 | |
| – 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 2620.90 | |
| 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, goethite, 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 electro refining and electro winning operations | Y22 | 12 | ex 2620.30 | |
| A1120 | Wastes sludges, excluding anode slimes, from electrolytic purification systems in copper electro refining and electro winning 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 | AC130 | |||
| 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, dichloromethane, vinyl chloride, 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) | Y34, Y35 | 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: | ||||
|
|||||
|
|||||
| 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) | ||||
| [LIST-B] | |||||
| B1010 | Metal and metal-bearing wastes | ||||
| Metal and metal-alloy wastes in metallic, non-dispersible form: | |||||
| – Precious metals (gold, silver, platinum) | |||||
| – Iron and steel scrap | |||||
| – Nickel scrap | GA130 | 750300 | |||
| – Aluminum scrap | |||||
| – Zinc scrap | |||||
| – Tin scrap | |||||
| – Tungsten scrap | |||||
| – Molybdenum scrap | GA190 | ex 810291 | |||
| – Tantalum scrap | GA200 | ex 810310 | |||
| – Cobalt scrap | GA220 | ex 810510 | |||
| – Bismuth scrap | GA230 | ex 810600 | |||
| – Titanium scrap | GA250 | ex 810810 | |||
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| – Zirconium scrap | GA260 | ex 810910 | |||
| – Manganse scrap | GA280 | ex 811100 | |||
| – Germanium scrap | GA310 | ex 811230 | |||
| – Vanadium scrap | GA320 | ex 811240 | |||
| – Hafnium scrap | GA330 | ex 8112.91 | |||
| – Indium scrap | GA340 | ex 8112.91 | |||
| – Niobium scrap | GA350 | ex 8112.91 | |||
| – Rhenium scrap | GA360 | ex 8112.91 | |||
| – Gallium scrap | GA370 | ex 8112.91 | |||
| – Magnesium scrap | GA210 | 810420 | |||
| – Copper scrap | GA120 | 740400 | |||
| – Thorium scrap | |||||
| – Rare earths scrap | |||||
| B1020 | Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, place, beams, rods, etc.) of: | ||||
| – Antimony scrap | GA270 | ex 8110.00 | |||
| – Cadmium scrap | GA240 | ex 8107.10 | |||
| – Lead scrap | |||||
| – Tellurium scrap | |||||
| B1030 | Refractory metals containing residues | ||||
| B1040 | Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous | ||||
| B1050 | Mixed non-ferrous metal, heavy fraction scrap, not containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ||||
| B1060 | Waste tellurium in metallic elemental form including powder |
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| B1070 | Waste of copper and copper alloys in dispersible form, unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ex 2620.30 | |||
| B1080 | Zinc ash and residues including zinc alloys residues in dispersible form unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ex 2620.10 ex 2620.19 ex 2817.00 | |||
| B1090 | Waste batteries conforming to specification, excluding those made with lead, cadmium or mercury. | ex 8548.10 ex 8548.90 | |||
| B1100 | Metal bearing wastes arising from melting, smelting and refining of metals: | GB | |||
| – Hard Zinc Spelter | |||||
| – Zinc-containing drosses: | |||||
| ~Galvanizing slab zinc top dross (>90% Zn) | |||||
| ~Galvanizing slab zinc bottom dross (>92% Zn) | |||||
| ~Zinc die casting dross (>85% Zn) | |||||
| ~Hot dip galvanizers slab zinc dross (batch) (>92% Zn) | |||||
| ~ Zinc skimmings | |||||
| – Slags from copper processing for further processing or efining containing arsenic, lead or cadmium unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ex 262030 | ||||
| – Slags from precious metals processing for further refining. | GB40 | ex 2620.90 | |||
| – Wastes of refractory linings, including crucibles, originating from copper smelting | |||||
| – Aluminum skimmings (or skims) excluding salt slag | AA50 | ||||
| -Tantalum-bearing tin slags with less than 0.5% tin | GB050 | ex 2620.90 |
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code | |
| B1110 | Electrical and electronic assemblies | GC | ||||
| – Electronic assemblies consisting only of metals or alloys | GC010 | |||||
| – Waste Electrical and electronic assemblies scrap (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal | GC020 | |||||
| – Waste electrical and electronic assemblies scrap (including printed circuit boards) not containing components 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 not contaminated with constituents such as cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ||||||
| – Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal. | ||||||
| B1120 | Spent catalysts excluding liquids used as catalysts, containing any of: | |||||
| Transition metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A: | ||||||
| Scandium | Titanium | |||||
| Vanadium | Chromium | |||||
| Manganese | Iron | |||||
| Cobalt | Nickel | |||||
| Copper | Zinc | |||||
| Yttrium | Zirconium | |||||
| Niobium | Molybdenum | |||||
| Hafnium | Tantalum | |||||
| Tungsten | Rhenium | |||||
| Lanthanaides | (rare earth metals): | |||||
| Lanthanum | Cerium | |||||
| Praseodymium | Neody | |||||
| Samarium | Europium | |||||
| Gadolinium | Terbium | |||||
| Dysprosium | Holmium | |||||
| Erbium | Thulium | |||||
| Ytterbium | Lutetium | |||||
| B1130 | Cleaned spent precious metal bearing catalysts | ex 381510 ex 711510 | ||||
| B1140 | Precious metal bearing residues in solid form which contain traces of inorganic cyanides | ex 381510 ex 711510 | ||||
| B1150 | Precious metals and alloy wastes (gold, silver, the platinum group) in a dispersible form | ex 381510 ex 711510 | ||||
| B1160 | Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150) | |||||
| B1170 | Precious metal ash from the incineration of photographic film | ex 284310 | ||||
| B1180 | Waste photographic film containing silver halides and metallic silver | |||||
| B1190 | Waste photographic paper containing silver halides and metallic silver | |||||
| B1200 | Granulated slag arising from the manufacture of iron and steel | GC080 | ex 261900 | |||
| B1210 | Slag arising from the manufacture of iron and steel including slag as a source of Titanium dioxide and Vanadium | ex 261900 | ||||
| B1220 | Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications mainly for construction | ex 262030 | ||||
| B1230 | Mill scaling arising from manufacture of iron and steel | ex 261900 | ||||
| B1240 | Copper Oxide mill-scale | |||||
| B2 | Wastes containing principally inorganic constituents, which may contain metals and organic materials | |||||
| B2010 | Wastes from mining operations in non-dispersible form: | |||||
| – Natural graphite waste | GD010 | 250400 | ||||
| – Slate wastes | ||||||
| – Mica wastes | ||||||
| – Leucite, nepheline and nepheline syenite waste | GD040 | 252930 | ||||
| – Feldspar waste (lumps & powder) | GD050 | 252910 | ||||
| – Fluorspar waste | GD060 | 252921 | ||||
| – Silica wastes in solid from excluding those used in foundry operations | 252922 | |||||
| B2020 | Glass wastes in non-dispersible from: | |||||
| – Cullet and other wastes and scrap of glass except for glass from cathode ray tubes and other activated glasses | ||||||
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| B2030 | Ceramic wastes in non-dispersible form: | GF | |||
| Cermet wastes and scrap (metal ceramic composites) | GF020 | ex 8113.00 | |||
| – Ceramic based fibres | |||||
| B2040 | Other wastes containing principally inorganic constituents: | GC | |||
| – Partially refined calcium sulphate produced from flue gas desulphurisation (FGD) | GC010 | ex 262100 | |||
| – Waste gypsum wallboard or plasterboard arising from the demolition of buildings | |||||
| – Sulphur in solid form | |||||
| – Limestone from production of calcium cyanamide (pH<9) | |||||
| – Sodium, potassium, calcium chlorides | |||||
| – Carborundum (silicon carbide) | |||||
| – Broken concrete | |||||
| – Lithium tantalum & Lillium-niobium containing glass scraps | |||||
| B2050 | Coal-fired power plant fly-ash unless it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ||||
| B2060 | Spent activated carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list AA4160) | ||||
| B2070 | Calcium fluoride sludge | AB050 | ex 281800 | ||
| B2080 | Waste gypsum arising from chemical industry processes unless it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | ||||
| B2090 | Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry) | ||||
| B2100 | Waste hydrates of aluminum and waste alumina and residues from alumina production, arising from gas cleaning, flocculation or filtration process | ex 281800 | |||
| B2110 | Bauxite residue (“red mud”) (pH moderated to less than 11.5) (Note related entry on List A A4090) | ex 260600 | |||
| B2120 | Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090) |
| Base No. | Description of Wastes | Annex I** | Annex III# | OECD No. | Customs Code |
| B3 | Wastes containing principally organic constituents, which may contain metals and inorganic materials | ||||
| B3010 | Solid plastic waste: | GH | |||
| The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification: | |||||
| – Scrap plastic of non-halogenated polymers and copolymers, including but not limited to the following: | |||||
| Ethylene | GH011 | 391590 | |||
| Styrene | GH012 | 391520 | |||
| polypropylene | GH014 | 391590 | |||
| polyethylene ere-phthalate | GH014 | 391590 | |||
| acrylonitrile | GH014 | ex 391590 | |||
| butadiene | GH014 | ex 391590 | |||
| polyacetals | |||||
| polyamides | GH014 | ex 391590 | |||
| polybutylene tere-phthalate | GH014 | ex 391590 | |||
| polycarbonates | GH014 | ex 391590 | |||
| polyethers | |||||
| polyphenylene sulphides | GH014 | ex 391590 | |||
| acrylic polymers | GH014 | ex 391590 | |||
| alkanes C10-C13 (plasticiser) | |||||
| polyurethane (not containing CFC’s) | GH014 | ex 391590 | |||
| polysiloxanes | GH014 | ex 391520 | |||
| polymethyl methacrylate | GH014 | ex 391520 | |||
| polyvinyl alcohol | GH014 | ex 391520 | |||
| polyvinyl butyral | GH014 | ex 391520 | |||
| Polyvinyl acetate | GH014 | ex 391520 | |||
| – Cured waste resins or condensation products including the following: | |||||
| urea formaldehyde resins | GH015 | ex 391520 | |||
| phenol formaldehyde resins | GH015 | ex 391520 | |||
| melamine formaldehyde resins | GH015 | ex 391520 | |||
| epoxy resins | GH015 | ex 391520 | |||
| alkyd resins | GH015 | ex 391520 | |||
| polyamides | GH015 | ex 391520 | |||
| – The following fluorinated polymer wastes (excluding post-consumer wastes): | |||||
| Perfluoroethylene/ propylene | |||||
| Perfluoroalkoxy alkane | |||||
| Metafluoroalkoxy alkane | |||||
| polyvinylfluoride | |||||
| polyvinylidenefluoride | |||||
| B3020 | Paper, paperboard and paper product wastes | ||||
| The following materials, provided they are not mixed with hazardous wastes: | |||||
| Waste and scrap of paper or paperboard of: |
| Base No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| – unbleached paper or paperboard or of corrugated paper or paperboard | |||||
| – other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass | |||||
| – paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) | |||||
| – other, including but not limited to (1) laminated paperboard (2) unsorted scrap. | |||||
| B3030 | Textile wastes | ||||
| The following materials, provided they are not mixed with other wastes and are prepared to a specification: | |||||
| Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) | |||||
| – not carded or combed | |||||
| – other | |||||
| Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock | |||||
| – noils of wool or of fine animal hair | |||||
| – other waste wool or of fine animal hair | |||||
| – waste of coarse animal hair | |||||
| Cotton waste (including yarn waste and garnetted stock) | |||||
| – yarn waste (including thread waste) | |||||
| – garnetted stock | |||||
| – other | |||||
| Flax tow and waste | |||||
| Tow and waste(including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.) | |||||
| Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) | |||||
| Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave | |||||
| Tow, noils and waste (including yarn waste and garnetted stock) of coconut | |||||
| Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textiles Nee) |
| Basel No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| Tow, noils and waste (including yarn waste and garnetted stock of ramie and other vegetable textile fibres, not elsewhere specified or included | |||||
| Waste (including noils, yarn waste and garnetted stock) of man-made fibres | |||||
| – of synthetic fibres | |||||
| – of artificial fibres | |||||
| Worn clothing and other worn textile articles | |||||
| Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials | |||||
| – sorted | |||||
| – other | |||||
| B3040 | Rubber wastes | ||||
| The following materials, provided they are not mixed with other wastes: | |||||
| – Waste and scrap of hard rubber (e.g. ebonite) | |||||
| – Other rubber wastes (excluding such wastes specified elsewhere) | |||||
| B3050 | Untreated cork and wood waste | ||||
| Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms | |||||
| Cork waste: crushed, granulated or ground cork | |||||
| B3060 | Wastes arising from agro-food industries provided it is not infectious: | ||||
| Wine lees | |||||
| Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included | GM100 | 050690 | |||
| Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes | GM110 | ex 051191 | |||
| Waste of bones or horn cores unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised | |||||
| Fish waste | |||||
| Cocoa shells, husks, skins and other cocoa waste | |||||
| Other wastes arising from agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption |
| Basel No. | Description of Wastes | Annex I | Annex III | OECD No. | Customs Code |
| B3070 | The following wastes: | ||||
| – Waste of human hair | |||||
| – Waste straw | |||||
| – Deactivated fungus mycelium from penicillin production to be used as animal feed | |||||
| B3080 | Waste parings and scrap of rubber | ||||
| B3090 | Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A A3100) | ||||
| B3100 | Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides | ||||
| B3110 | Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances | ||||
| B3120 | Wastes consisting of food dyes | ||||
| B3130 | Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides | ||||
| B3140 | Waste pneumatic tyres, excluding those which do not lead to resource recovery, recycling, reclamation or direct reuse | ||||
| B4 | Wastes which may contain either inorganic or organic constituents | ||||
| B4010 | Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A A4070) | ||||
| B4020 | Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g. water-based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050) | ||||
| B4030 | Used single-use cameras, with batteries not included on list A |
PART B : LIST OF HAZARDOUS CHARACTRISTICS
| Code | Characteristic |
| 1 | Explosive |
| An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such speed as to cause damage to the surroundings (UN Class 1; HI). | |
| 3 | Flammable Liquids |
| The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5ºC, closed-cup test, or not more than 65.5ºC, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition). | |
| 4.1 | Flammable Solids |
| Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. | |
| 4.2 | Substances or wastes liable to spontaneous combustion |
| Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire. | |
| 4.3 | Substances or wastes, which in contact with water emit flammable gases |
| Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. | |
| 5.1 | Oxidizing |
| Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials. | |
| 5.2 | Organic Peroxides |
| Organic substances or wastes which contain the bivalent-O-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. | |
| 6.1 | Poisons (Acute) |
| Substances or wastes liable either to cause death or serious injury or to harm health if swallowed or inhaled or by skin contact. | |
| 6.2 | Infectious substances |
| Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans. | |
| 8 | Corrosives |
| Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. | |
| 10 | Liberation of toxic gases in contact with air or water |
| Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. | |
| 11 | Toxic (Delayed or chronic) |
| Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity). | |
| 12 | Ecotoxic |
| Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. | |
| 13 | Capable by any means after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. |
SCHEDULE 4
[See rule 3 (20), 19 (1) and 20(1)]
LIST OF NON-FERROUS METAL WASTES APPLICABLE FOR REGISTRATION OF RECYCLERS
| Waste Category | Waste Type |
| 1 | 2 |
| 1 | Brass Scrap |
| 2 | Brass Dross |
| 3 | Copper Scrap |
| 4 | Copper Dross |
| 5 | Copper Oxide mill scale |
| 6 | Copper reverts, cake and residue |
| 7 | Waste Copper and copper alloys |
| 8 | Slags from copper processing for further processing or refining |
| 9 | Insulated Copper Wire Scrap/copper with PVC sheathing including ISRI-code material namely “Druid” |
| 10 | Jelly filled copper cables |
| 11 | Spent cleared metal catalyst containing copper |
| 12 | Nickel Scrap |
| 13 | Spent catalyst containing nickel, cadmium, zinc, copper and arsenic |
| 14 | Zinc Scrap |
| 15 | Zinc Dross-Hot dip Galvanizers SLAB |
| 16 | Zinc Dross-Bottom Dross |
| 17 | Zinc ash/skimmings arising from galvanizing and die casting operations |
| 18 | Zinc ash/skimming/other zinc bearing wastes arising from smelting and refining |
| 19 | Zinc ash and residues including zinc alloy residues in dispersible form |
| 20 | Spent cleared metal catalyst containing zinc |
| 21 | Mixed non-ferrous metal scrap |
| 22 | Lead acid battery plates and other lead scrap/ashes/residues not covered under Batteries (Management and Handling) Rules, 2001.] |
[SCHEDULE 5]
[See rule 3 (34)]
SPECIFICATION FOR USED OIL SUITABLE FOR RE-REFINING
| Sl. No. | Parameter | Maximum Permissible Limit |
| 1 | 2 | 3 |
| 1. | Colour | 8 hazen units |
| 2. | Water | 15% |
| 3. | Density | 0.85 to 0.95 |
| 4. | Kinemetic Viscosity cst at 100oC | 1.0 to 32 |
| 5. | Dilutents | 15% vol. |
| 6. | Neutralisation No. | 3.5 mg KOH/g |
| 7. | Saponification value | 18 mg KOH/g |
| 8. | Total halogens | 4000 ppm |
| 9. | Polychlorinated biphenyls (PCBs) | Below detection limit |
| 10. | Lead | 100 ppm |
| 11. | Arsenic | 5 ppm |
| 12. | Cadmium+Chromium+Nickle | 500 ppm |
| 13. | Polyaromatic hydrocarbons (PAH) | 6% |
SCHEDULE 6
[See rule 3(35) and 20(2)]
SPECIFICATIONS FOR WASTE OIL SUITABLE FOR RECYCLING
| Sl. No. | Parameter | Limit |
| 1 | 2 | 3 |
| 1. | Sediment | 5% (maximum) |
| 2. | Heavy Metals (cadmium+chromium+nickel+lead+arsenic) | 605 ppm maximum |
| 3. | Polyaromatic hydrocarbons (PAH) | 6% maximum |
| 4. | Total halogens | 4000 ppm maximum |
| 5. | Polychlorinated biphenyls (PCBs) | Below Detection Limit |
SCHEDULE 7
[See rule 4-B and 12 (4)]
LIST OF AUTHORITIES AND CORRESPONDING DUTIES
| S. No. | Authority | Corresponding Duties |
| 1 | 2 | 3 |
| 1. | Ministry of Environment and Forests under the Environment (Protection) Act, 1986 | (i) Identification of hazardous wastes [Rule 3(14)] |
| (ii) Permission to exporters [rule 14] | ||
| (iii) Permission to importers [rule 13] | ||
| (iv) Permission for transit of hazardous wastes through India [rule 12(2)] | ||
| 2. | Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 | (i) Co-ordination of activities of State Pollution Control Boards/Committees |
| (ii) Conduct training courses for authorities dealing with management of hazardous wastes | ||
| (iii) Recommend standards and specifications for treatment and disposal of wastes and leachates Recommend procedures for characterization of hazardous wastes. | ||
| (iv) Sector specific documentation to identify waste streams(s) for inclusion in Hazardous Wastes Rules | ||
| (v) Prepare guidelines to prevent/reduce/minimize the generation and handling of hazardous wastes | ||
| (vi) Registration and renewal of registration of Recyclers/Re-refiners of non-ferrous metal wastes and used oil/waste oil [Rule 19] | ||
| (vii) Any other function under Rules delegated by the Ministry of Environment and Forests | ||
| 3. | State Government/Union Territory Government/ Administration | (i) Identification of site(s) for common treatment, storage and disposal facility (TSDF) [Rule 8(2)] |
| (ii) Assess EIA reports and convey the decision of approval of site or otherwise [rule 8(6)] | ||
| (iii) Acquire the site or inform operator of facility or occupier or association of occupiers to acquire the site [Rule 8(7)] | ||
| (iv) Notification of sites [Rule 8(7)] | ||
| (v) Publish periodically an inventory of all disposal sites in the State/Union territory [Rule 8(7)] | ||
| 4. | State Pollution Control Boards or Pollution Control Committees constituted under the Water (Prevention and Control of Pollution) Act, 1974 | (i) Inventorisation of hazardous wastes [Rule 9(3)] |
| (ii) Grant and renewal of authorisation [Rule 5] | ||
| (iii) Monitoring of compliance of various provisions and conditions of authorisation including exports and imports | ||
| (iv) Issue of public notice and conduct public hearing [Rule 8(4)] | ||
| (v) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment and Forests [Rule 13 (1) & (2)] | ||
| (vi) Implementation of programmes to prevent/reduce/minimize the generation of hazardous wastes | ||
| (vii) Action against violations of Hazardous Wastes (Management and Handling) Rules, 1989 | ||
| 5. | Directorate General of Foreign Trade constituted under the Foreign Trade (Development and Regulation) Act, 1992. | (i) Grant of licence for import of hazardous wastes [Rule 13 (5)] |
| (ii) Refusal of license for hazardous wastes prohibited for imports or export [Rule 12(7)] | ||
| 6. | Port Authority under Indian Ports Act, 1908 (15 of 1908) and Customs Authority under the Customs Act, 1962 (52 of 1962). | (i) Verify the documents [Rule 13 (6)] |
| (ii) Inform the Ministry of Environment and Forests of any illegal traffic [Rule 15] | ||
| (iii)Analyse wastes permitted for imports and exports | ||
| (iv)Train officials on the provisions of the Hazardous Wastes Rules and in the analysis of hazardous wastes | ||
| (v) Take action against export/import violations under the Indian Ports Act, 1908/Customs Act, 1962 |
SCHEDULE 8
[See rule 12 (1)]
HAZARDOUS WASTES PROHIBITED FOR IMPORT AND EXPORT
| S. No. | Basel* No.* | OECD** No. | Description of material |
| 1 | 2 | 3 | 4 |
| 1. | A 1010 | AA 100 | Mercury |
| 2. | A 1030 | AA 100 | Waste having Mercury: Mercury Compounds as constituents or contaminants |
| 3. | A 1010 | AA 070 | Beryllium |
| 4. | A 1020 | AA 070 | Waste having Beryllium: Beryllium Compounds as constituents or contaminants |
| 5. | A 1010 | AA 090 | Arsenic |
| 6. | A 1030 | AA 090 | Waste having Arsenic: Arsenic compounds as constituents or contaminants |
| 7. | A 1010 | AA 070 | Selenium |
| 8. | A 1020 | AA 070 | Waste having Selenium; Selenium Compounds as constituents or contaminants |
| 9. | A 1010 | AA 080 | Thallium |
| 10. | A 1030 | AA 080 | Waste having Thallium; Thallium Compounds as constituents or contaminants |
| 11. | A 1040 | AA 070 | Hexavalent Chromium Compounds |
| 12. | A 1140 | Wastes Cupric Chloride and Copper Cyanide Catalysts | |
| 13. | A 2020 | Waste inorganic fluorine compounds in the form of liquids or sludge but excluding calcium fluoride sludge | |
| 14. | A 2040 | Waste gypsum arising from chemical industry processes if it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | |
| 15. | A 2050 | RB 010 | Waste Asbestos (Dust and Fibres) |
| 16. | A 2060 | Coal fired power plant fly ash if it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein | |
| 17. | A 3030 | Wastes that consist of or are contaminated with leaded anti-knock compound sludge or leaded petrol (gasoline) sludges. | |
| 18. | A 3040 | Waste thermal (heat transfer) fluids. | |
| 19. | A 3060 | Waste Nitrocellulose. | |
| 20. | A 3090 | Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides. | |
| 21. | A 3100 | Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides. | |
| 22. | A 3110 | Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances. | |
| 23. | A 3150 | Waste halogenated organic solvents. | |
| 24. | A 3180 | AC 120 | Waste, Substances and articles containing, consisting of or contaminated with polychlorinated biphenyles (PCB) and/or polychlorinated terphenyls. (PCT) and/or polychlorinated naphthalene’s (PCN) and/or polybrominated biphenyl’s (PBB) or any other polybrominated analogues of these compounds |
| 25. | A 3190 | Waste tarry residues (excluding asphalt cements) arising from refining, distillation and pyrolitic treatment of organic materials) | |
| 26. | A 4020 | Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices and wastes generated in hospital or other facilities during the investigation or treatment of patients, or research projects. | |
| 27. | A 4030 | AD 020 | Waste from the production, formulation and use of biocides and phyto-pharmaceuticals, including waste pesticides and biocides which are off-specification, out-dated, and/or unfit for their originally intended use. |
| 28. | A 4050 | AD 040 | Waste that contain, consist of, or are contaminated with any of the following; |
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| 29. | A 4060 | Waste oil/water, hydrocarbons/water mixtures, emulsions |
