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Hazardous Wastes (Management and Handling) Rules, 1989

Packaging, labelling and transport of hazardous wastes

Before hazardous wastes is delivered at the hazardous waste site, the occupier or operator of a facility shall ensure that the hazardous wastes is packaged in a manner suitable for storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climate factors.

Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules issued by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time.

Inventory of disposal sites

1. The State Government or a person authorised by it shall undertake a continuing programme to identify the sites and compile and publish periodically an invenory of disposal sites within the State for the disposal of hazardous wastes.

2. The State Government or a person authorised by it shall undertake an environmental impact study before identifying a site as waste disposal site in the State.

3. The State Government or a person authorised by it shall undertake a continuing programme to compile and publich an inventory of sites within the State at which hazardous wastes have at any time been stored or disposed of and such inventory shall contain, besides the location and descriptio, information relating to the amount, nature and toxicity of hazardous wastes at each such site as may be associated with such site.

Record 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 annuyal returns to the State Pollution Control Board in Form 4.

Accident reporting and follow-up

Where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous wastes, the occupier or operator of a facility shall report immediately to the State Pollution Control Board about accident in Form 5.

Import of hazardous wastes

1. 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 re-use as raw material, after examing each case on merit by the State Pollution Control Board or by an officer authorised in this behalf.

2. The exporting country or the exporter as the case may be, of hazardous wastes shall communicate in Form 6 to the Central Government (the Ministry of Environment and Forests) of the proposed trans-boundary movement of hazardous wastes.

3. The Central Government shall, after examining the communication received under sub-rule (2) and on being satisfied that the import of such hazardous wastes is to be used for processing or reuse as raw material grant permission for the import of such wastes subject to such conditions as the Central Government may specify in this behalf and if, however, the Central Government is not satisfied with the communication received under sub-rule (2), may refuse permission to import such hazardous wastes.
4. Any importer importing hazardous wastes shall provide necessary information as to the type of hazardous wastes he is to import, in Form 6, to the concerned State Pollution Control Board/ the Central Pollution Control Board in the case of Union Terriroties.

5. The State Pollution Control Board shall examine the information received under the sub-rule(4) and issue such instructions to the importers as it considers necessary.

6. The Central Government or the State Pollution Control Board, as the case may be, shall inform the concerned Port Authority to take appropriate steps regarding the safe handling of the hazardous wastes at the time of off-loading the same.
7. Any person importing hazardous wastes shall maintain the records of the hazardous wastes imported as specified in Form 7 and the records so maintained shall be open for inspection by the State Pollution Control Board/the Ministry of Environment and Forests/the Central Pollution Control Board in the case of Union Territories or an officer appointed by them in this behalf.

Appeal

1. An appeal shall lie, against any order of suspension or cancellation or refusal of an authorisation by the State Pollution Control Board to the State Government and to the Ministry of Environment and Forests in the case of the Central Pollution Control Board.

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 order passed.

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