Hazardous Wastes (Management and Handling) Rules, 1989 - Responsibility of the occupier for handling of wastes

Responsibility of the occupier for handling of wastes

1. The occupier generating hazardous wastes listed in column(2) of the Schedule in quantities equal to or exceeding the limits given in column(3) of the said Schedule, shall take all practical steps to ensure that such wastes are properly handled and disposed of without any adverse effects which may result from such wastes and the occupier shall also be responsible for proper collection, reception, treatment, storage and disposal of these wastes either himself or through the operator of a facility.

2. The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule (1) shall give to the operator of a facility, such information as may be specified by the State Pollution Control Board.

Grant of authorization for handling hazardous wastes

1. Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose.

2. Every occupier generating hazardous wastes and having a facility for collection, reception, treatment, transport storage and disposal of such wastes shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities :

Provided that the occupier not having a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an applicaton to the State Pollution Control Board in Form 1 for the grant of authorisation within a period of six months from the date of commencement of these rules.

3. Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities.

Provided that the operator engaged in the business of the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an application to the State Polution control Board in Form 1 for the grant of authorisation within a period of six months from the date of commencement of these rules.

4. The State Pollution Control Board shall not issue an authorisation unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.

5. The authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.

6. (i) An authorisation granted under this rule shall unless sooner suspended or cancelled, be in force for a period of two years from the date of issue or from the date of renewal.

(ii) An application for the renewal of an authorisation shall be made in Form 1, before its expiry.

(iii) The authorisation shall continue to be in force until it is renewed or revoked.

7. The State Pollution Control Board, may, after giving reasonable opportunity of being heard to the applicant refuse to grant any authorisation.

Power to suspend or cancel an authorization

The State Pollution Control Board may cancel an authorisation issued under these rules or suspend it for such period as it thinks fit, if in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules, after giving the authorised person an opportunituy to show cause and after recording reasons therefor.

Upon suspension or cancellation of the authorisation and during the pendency of an appeal under rule 12, the State Pollution Control Board may give directions to the persons whose authorisation has been suspended or cancelled for the safe storage of the hazardous wastes, and such person shall comply with such directions.