Hazardous Waste

It is mandatory under the provisions of the Hazardous Waste (Management & Handling) Rules, 1989 framed under section 6, 8 and 25 of Environment (Protection) Act, 1986 for any person handling hazardous wastes, as categorized in the Schedule-I & II (Annexure-I) to obtain authorization of the State Pollution Control Board for collection, reception, storage, transportation, treatment and disposal of such wastes.

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.

Authorization

Every occupier/operator handling, or a recycler recycling hazardous wastes shall make an application in Form I (Annexure-II) to the Member Secretary, Punjab Pollution Control Board for the grant of authorization for any of the said activities.

For this purpose, the application in the prescribed form obtainable from the concerned Regional Office of the Board shall be submitted to the same office duly completed in all respects.

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 Punjab Pollution Control Board 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.

Packaging, labeling and transport of hazardous wastes
- 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 labeling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors.
- Packaging, labeling and transport of hazardous wastes shall be in accordance with the provisions of the Rules made by the Central Government under the Motor Vehicle Act, 1988 and other guidelines issued from time to time.
- All hazardous waste containers shall be provided with a general label as given in form 8 of the Rules.
- The occupier shall prepare six copies of the manifest in form 9 of the Rules comprising of colour code indicated below (all six copies to be signed by the transporter).

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 3 (pink)	-	to be retained by the operator of the facility after signature
Copy 4 (orange)	-	to be returned to the transporter by the operator of facility after accepting waste
Copy 5 (green)	-	to be returned by the operator of the facility to State Pollution Control Board/Committee after treatment and disposal of waste
Copy 6 (blue)	-	to be returned by the operator of the facility to the occupier after treatment and disposal of wastes

The occupier shall forward copy number 1 (white) to the Punjab Pollution Control Board 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.

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.”

Responsibilities for disposal site
- 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.
- 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.
- 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.
- The State Pollution Control Board or Committee shall on being satisfied with the EIA report, give 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. Board.

Design and setting up of disposal facility
- 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 Govt. or the State Govt. as the case may be.

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.

Operation and closure of landfill site
- 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.
- The occupier or the operator shall ensure that the closure of the landfill is as per the design approved under Rule 8 A by the State Pollution Control Board.

Import and export of hazardous wastes for recycling and reuse.
- No person shall import or export hazardous wastes or substances containing or contaminated with such hazardous wastes as specified in Schedule 8.
- Any occupier importing or exporting hazardous wastes shall provide detailed information in Form 7 A to the Customs authorities.
- Any occupier importing or exporting hazardous wastes shall comply with the articles of the Basel Convention to which the Central Government is a signatory.
- Import of hazardous wastes from any country to India shall not be permitted for dumping and disposal of such wastes. However, import of such wastes may be allowed for processing or reuse as raw material, after examining each case on merit by the State Pollution Control Board or by an officer authorized in this behalf. The exporting country or the exporter as the case may be, of hazardous wastes is to communicate in Form-6 to the Central Government (Ministry of Environment & Forests) of the proposed trans boundary movement of the hazardous wastes.
- Any person importing hazardous waste shall maintain the records of hazardous wastes as specified in Form-7 and the records so maintained shall be open for inspection by the State Board.

Data Maintenance & Accident Reporting

After the grant of authorization under the Hazardous Waste (Management & Handing) Rules, 1989, the industry is required to maintain the record of hazardous waste generated in Form-3 (Annexure-III) and to submit annual return regarding disposal of hazardous waste to the Board in Form-4 (Annexure-IV) by 31st January of every year.
Where an accident occurs at the facility or on a hazardous waste site or during the transportation of hazardous waste, the occupier or operator of a facility is to report immediately to the State Pollution Control Board about the accident in Form-5. (Annexure-V)

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