Compliance under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and amended thereafter

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 were enacted under the Environment (Protection) Act, 1986, to regulate the generation, handling, storage, treatment, and disposal of hazardous and other wastes in India. These rules ensure environmentally sound management of hazardous wastes and govern their transboundary movement.

Purpose of the Rules

Applicability

The rules apply to:

Key Provisions

Authorization and Consent
  • Waste-generating entities must obtain authorization from the respective State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
  • Regular renewal of consent is required.
Waste Management
  • Ensure proper segregation, storage, labeling, and transportation of hazardous wastes.
  • Implement systems for recycling, reuse, and recovery wherever feasible.
Annual Returns
  • Submit annual returns to the respective SPCB/PCC, detailing the quantity, type, and method of waste disposal.
Import and Export
  • Obtain permission for transboundary movement of hazardous waste.
  • Adhere to the Basel Convention guidelines on hazardous waste movement.
Prohibited Wastes
  • Import/export of hazardous wastes for disposal is strictly prohibited, except with special permissions.

AEIPL specializes in assisting organizations in meeting compliance requirements under these rules, which includes

Compliance Audits and Gap Analysis
Waste Classification and Labeling
Waste Management Plans
Regulatory Adherence
Monitoring and Testing Services
Documentation Support
Import/Export Advisory

Compliance Audits and Gap Analysis

  • Conduct detailed audits to assess compliance with the Hazardous and Other Wastes Rules, 2016.
  • Identify non-compliance areas and provide actionable solutions.

Frequent asked Questions (FAQs)

These rules regulate the generation, handling, storage, transportation, import, export, and disposal of hazardous and other wastes in an environmentally sound manner while ensuring the protection of human health and the environment.

Hazardous waste refers to waste that, by reason of its chemical, physical, or biological properties, is capable of causing harm to humans or the environment. It includes waste with characteristics such as toxicity, flammability, reactivity, and corrosiveness.

"Other Wastes" include waste materials such as electronic waste (e-waste), plastic waste, metal scrap, used tyres, etc., which are regulated due to their potential environmental impact.

Industries and entities engaged in the generation, collection, reception, treatment, transport, storage, recycling, recovery, pre-processing, co-processing, utilization, and disposal of hazardous and other wastes require authorization from the State Pollution Control Board (SPCB) / Pollution Control Committee (PCC).

Entities can apply online through the relevant State Pollution Control Board (SPCB) / Central Pollution Control Board (CPCB) portal, providing details of waste generated, stored, and disposed of as per the prescribed forms.

  • Minimize waste generation
  • Ensure proper storage, treatment, and disposal
  • Obtain authorization from SPCB/PCC
  • Maintain records and file annual returns
  • Use only authorized waste handlers for transport and disposal

  • Hazardous waste must be stored in designated areas with proper containment measures.
  • Containers should be clearly labeled with waste category, characteristics, and handling precautions.
  • The waste storage period should not exceed 90 days without special permission.

  • Import/export of hazardous waste requires prior approval from the Ministry of Environment, Forest and Climate Change (MoEF&CC) and Directorate General of Foreign Trade (DGFT).
  • The applicant must submit Form 5 along with relevant documents.
  • Import is allowed only for recycling, reuse, or co-processing and not for direct disposal.

Violations of the rules may result in penalties under the Environment (Protection) Act, 1986, including fines and imprisonment.

  • 2019 Amendment: Restrictions on plastic waste import and streamlined approval processes for hazardous waste recyclers.
  • 2021 Amendment: Further clarity on waste categories and increased compliance requirements for generators and recyclers.

Complaints can be registered with the local State Pollution Control Board (SPCB) or Central Pollution Control Board (CPCB) via their grievance portals, email, or helpline numbers.

The official notifications and latest updates are available on the MoEF&CC and CPCB websites.

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Aseries Envirotek India Pvt. Ltd. (AEIPL)

Aseries Envirotek India Private Limited (AEIPL) is a compliance execution company committed to assisting organizations to meet their regulatory and non-regulatory compliances to fulfill their sustainability objectives.

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