What is Hazardous Waste?

According to the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, a waste is defined as any material that, whether alone or in combination with other materials, presents a risk to the environment or public health because of its physical, reactive, chemical, flammable, toxic, corrosive, or explosive properties. They consist of:

• Waste as specified in Schedule-I, column (3)
• Wastes composed of compounds included in Schedule II, provided that their concentration above the upper limit specified in that Schedule, and
• Wastes that are categorized in Schedule III Parts A and B with regard to import or export of such waste in compliance with Rules 12, 13, and 14 or wastes that are not included in Parts A or B but do possess any hazardous characteristics as listed in Part C of that Schedule;

Rules That Are Relevant To

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

How to Obtain Certification or Authorisation for Hazardous Waste Management

The following documentation must be provided in copy form in order to recycle or reprocess the hazardous material:

• Obtained from the State Pollution Control Board (SPCB) in compliance with the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981), and the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974);
• Proof of a registration certificate from the District Industries Centre or another authorized government agency;
• Documentation from the District Industries Centre or similar appropriate government body detailing the installed machinery and plant capacity;
• The effluent certificate of compliance, waste disposal, emission standards, and treatment obtained by the applicable Central Pollution Control Board (CPCB) Zonal Office or SPCB are all crucial to the renewal of a license.

For whom is authorisation necessary?

• Industrial facilities that generate, collect, receive, handle, store, transport, manage, get rid of, or deal with waste—including hazardous waste—in any other way
• Laboratories and gas stations for vehicles that use or store hazardous materials and often create hazardous waste, such as residues with oil or chemicals, dirty filters or cloth and wasted chemicals and solvents.
• Units/godowns/warehouses containing hazardous chemicals (i.e. pesticides, medicines, etc.) having a regular manufacture of contaminated, discarded or off-specification products.
• Hazardous waste as well as other garbage-related facilities that reuse or recycle waste
• Facilities that offer tire waste, biomedical waste and hazardous waste collection, transportation, storage, treatment and disposal services.

Additional Documentation Required to Obtain a Hazardous Waste Management Authorisation

There are more documents that are typical for waste management in general in addition to the ones mentioned above. The following is the order in which they are listed:

Concerning Limited Companies, both Public and Private

• Aadhaar and PAN documents that verify the directors’ identities and addresses;
• Evidence of possession, lease, or rental agreement for the property;
• A NOC (No-Objection) certificate from the owner of the site;
• A bill for water, electricity, or phone;
• MCD Accreditation
• An agreement for the collecting of trash;
• The company’s Memorandum of Association;
• The Certificate of Incorporation (CIN)
• PAN card issued by the organization;
• Board Declaration for Appointed Signatory.

Regarding Partnership or Proprietary Firms

• Aadhaar and PAN cards belonging to the proprietors or partners;
• Ownership, leasing, or rent for the office space;
• The bill for electricity, water, or phone;
• Agreement for Waste Collection
• License for MCD.

How to Obtain Permission for Hazardous Waste Management

Any applicant desiring to be registered in order to reprocess or recycle the hazardous material specified in Schedule IV must adhere to the following procedures:

• Step 1: Fill out Form 5 and attach the required files as described above to submit your application.
• Step 2: Once the application has received confirmation from the Central Pollution Control Board that they are recycling, reprocessing, or reusing hazardous material,

Eco-friendly technology; Sufficient technical skills; Necessary infrastructure; Applicable apparatus.The CPCB will thereafter issue the certificate of registration to the applicant.

• Step 3: After receiving the registration application in its entirety, the Central Pollution Control Board has 120 days to determine how to proceed.
• Step 4: If the CPCB has cause to believe that the recycler or reprocessor has violated any of the following: the terms of the relevant Act, any registration requirements, or any rules established thereunder, it may suspend or cancel the registration issued in compliance with these instructions.
• Step 5: In the event that the application or registration is canceled, the CPCB should provide the applicant a reasonable opportunity to be heard prior to directing that the registration not be awarded or renewed.
• Step 6: After obtaining the certificate of registration, the applicant has to maintain a record of the hazardous wastes that are processed and acquired.Furthermore, they have to submit Form 6 annual reports outlining their previous year’s operations to the State Pollution Control Board.The deadline to file the return is June 30th of each year, at the latest.

The validity of the license

The registration or authorisation granted in compliance with sub-rule (2) is valid for five years after the date of issuance.

The same applies in this case, until the unit is turned off or the registration is canceled by the Central Pollution Control Board.