The Delhi Pollution Control Committee (DPCC) is the assigned body of Delhi, which is required to control the waste generated by various different units and make norms for controlling and treating the waste effectively. Just like DPCC is for specifically the Delhi state, there are other committees as well for every state which perform the task of waste management in that state.
Under DPCC there are many Acts and Rules specified for waste management like
- For treating the waste generated from hospitals and laboratories, the Bio Medical Waste Management Rules, 2016 is given.
- On the other side, for proper disposal of hazardous waste, the Hazardous Waste Management Rules, 2016 and Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 has been introduced.
- E-Waste (Management) Rules, 2016 is launched for every producer of electrical and electronic equipment.
- The manufacturers, importers, assemblers and re-conditioners dealing in Battery waste are required to follow the Batteries (Management & Handling) Rules, 2001
- The Construction and Demolition Waste Management Rules, 2016 are applicable on every individual or organization or authority which generates construction and demolition waste like building material, debris, rubble.
- For every urban local body, notified Industrial Township, areas under the control of Indian Railways, airports, ports and harbor, the Solid Waste Management Rule, 2016 are applicable.
In this article we will be discussing all the necessary information declared by DPCC about the Hazardous Waste Management Rules, 2016.
Hazardous Waste Management Rules, 2016
Came into existence on 28th July, its only purpose states that every hazardous waste must be safely handled, generated, processed, treated, packed, stored and transported as it is harmful for environmental as well as for human health.
The rule has its key objective to minimize the amount of hazardous waste generated as much as possible, also to safely dispose it off in order to reduce the transboundary movement.
For storing of hazardous waste, one has to obtain authorization under Hazardous Waste Management (HWM) Rules. And for getting the authorization, below are some pre-requisite that must be followed
Here are the pre-requisites:
- Two boards containing updated data of factories outside area along with the main gate. The size of the board shall be 6 feet*4 feet which must be one in English language and the second one in the local language (in case of Delhi-Hindi Language)
- Proper containment system should be there for storing of hazardous waste
- All the hazardous containers must be labeled with ‘hazardous waste’ in red color in English/in Hindi.
- The containment system must be leak proof and must be able to drain/remove liquids.
- Hazardous waste processing must be done carefully so that no harm is caused to the environment or ground water due to any leakage.
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
The Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 is applicable on individuals who are storing, utilizing, importing or exporting the hazardous waste. Under this rule, there are some responsibilities of the occupier of hazardous waste.
The responsibilities of every occupier of hazardous waste are:
- Every occupier must do follow these steps, namely
- Recovery, utilization including co-processing
- Safe disposal
- To ensure proper and safe management of hazardous waste is done without harming the environmental health
- All the hazardous and other waste generated from the units shall be sent or sold to an authorized actual user or shall be disposed off.
- The guarded transportation must be done from an occupier’s establishment to an authorized actual user.
- All the safety measure must be taken by the occupier of hazardous waste. Like to:
- prevent mishap and contain contaminants and limit the consequence to be made on human beings and environment.
- Train the persons working there in the site and provide the required equipment with all the necessity.
Similarly various responsibilities of State Government are also laid down by the DPCC for environmentally sound management of hazardous and other waste.
There are only three responsibilities to be played by the State Government, namely:
- The authorized or department of industry must ensure allocation of industrial space or proper facility of shed for recycling of hazardous waste.
- The authorized department of industry shall
- ensure that all workers working in the unit to have a recognition and must have registration done;
- give proper guidance as and when required to workers to facilitate setting up such facilities.
- conduct industrial skill development activities all the workers involved in recycling, pre-processing and other utilization.
- undertake annual monitoring and give all the safety for the workers working in the unit to ensure proper health of workers.
- Preparing integrated plan and submitting annual report to the Ministry of Environment, Forest and Climate change, in the Central Government in the sufficient time limit
Procedure to be followed by occupier
- Make an application (Form 1)
The application is submitted to obtain an authorization from the State Pollution Control Board. There is a time stated which is within sixty days from the application of this rules. In the prescribed time itself the application in Form 1 is to be filed.
Doing a work without having full knowledge of the same is not an appropriate way of doing something. So, it will be better to consult a professional in this field and get help regarding the registration process under Hazardous Waste Management Rules.
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The application that is to be prepared must also have the below documents attached, namely:
- Consent To Establish (CTE)
- Consent To Operate (CTO)
- Compliance report for effluent, emission standards that must be self attested (required in case of renewal of authorization)
- Grant of Authorisation by the State Pollution Control Board (Form 2)
When the application is received with the State Pollution Control Board, verification of each and every document is done and when the department gets satisfied by the documents submitted in the application and all the required norms are followed, the SPCB may grant the authorization in Form 2.
The authorization stands valid for a period of five years.
- Maintain records (Form 3)
It is necessary for every occupier to maintain records and registers of hazardous and other waste managed by him in the applicable Form 3.
- Prepare Annual Return (Form 4)
All the occupiers must not forget to file the annual return containing the details specified . The due date of filing annual return is on or before the 30th day of June of the following year.
When can the Authorisation be cancelled?
The State Pollution Control Board can cancel or suspend the authorization on the following grounds.
- Firstly, where the occupier has not complied with the conditions required under the Act or with any provision of the Act. However, reasonable opportunity of being heard shall be given to the occupier to present his opinion.
- Secondly, where the State Pollution Control Board is not satisfied with the documents even after the resubmission of documents is made by the occupier.
In addition to it, after cancelling or suspension of authorization, the State Pollution Control Board (SPCB) if required, may give directions to the persons for safe processing of hazardous waste.
Norms for Storage of hazardous and Other Waste
- It states that the hazardous waste must be kept for a period not exceeding ninety days.
- Also, record of the transaction of hazardous and other waste like of sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilization of it shall be maintained and must be presented for inspection whenever asked.
- The exceptional case where the time period of ninety days can be extended by the State Pollution Control Board are:
- Small generators having annual capacity of one hundred and eighty days (up to ten tones per annum)
- Actual users and disposal facility operators or recyclers having annual capacity of one hundred and eighty days.
- Occupier not having any of the facility of any treatment, storage, disposal in the concerned State
- The required waste which is necessary to be stored for development of a process for its recycling, pre-processing, co-processing or utilisation
- Any other case as may be specified by the department
All in all, for conducting business relating to hazardous waste or utilization of hazardous and other waste, the authorization is necessary that must be obtained from the State Pollution Control Board.