Hazardous Wastes (Management and Handling) Rules, 1989
MINISTRY OF ENVIRONMENT & FORESTS
New Delhi, the 28th July, 1989
S.O. 594(E).--In exercise of the powers conferred by sections 6,8 and 25 of the Environment(Protection) Act, 1986(29 of 1986), the Central Government hereby makes the following rules, namely :-
Short title and commencement
(1) These rules may be called the Hazardous Wastes (Management and Handling)Rules, 1989.
(2) They shall come into force on the date of their publication in the Offical Gazette.
These rules shall apply to hazardous wastes as specified in Schedule and shall not apply to --
1. Waste water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981(144 of 1981) and rules made thereunder;
2. Wastes arising out of the operation from ships beyond five kilometers as covered under the provisions of the Merchant Shipping Act, 1958(44 of 1958) and the rules made thereunder;
3. Radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962(33 of 1962) and rules made thereunder;
In these rules, unless the context otherwise requires,--
1. "Act" means the Environment(Protection) Act, 1986(29 of 1986);
2. "applicant" means a person or an organisation that applies, in Form 1, for granting of authorisation to perform specific activities connected with handling of hazardous wastes;
3. "authorisation" means permission for collection, reception, treatment, transport, storage and disposal of hazardous wastes granted by the competent authority in Form 2;'
4. "authorised person" means a person or an organisation authorised by the competent authority to collect, treat, transport, store or dispose of hazardous wastes in accordance with the guidelines to be issued by the competent authority from time to time;
5. "export" with its grammatical variation and cognate expression, means taking out of India to a place outside India;
6. "exporter" means any person under the jurisdiction of the exporting country who exports hazardous wastes and the exporting country itself who exports hazardous wastes'
7. "facility" means any location wherein the processes, incidental to the waste generation collection, reception, treatment, storage and disposal are carried out;
8. "Form" means Form appended to these rules;
9. "hazardous wastes" means categories of wastes specified in the Schedule;
10. "hazardous wastes site" means a place for collection, reception, treatment, storage and disposal of hazardous wastes which has been duly approved by the competent authority;
11. "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
12. "importer" means an occupier or any person who imports hazardous wastes;
13. "operator of facility" means a person who owns or operates a facility for collection, reception, treatment, storage and disposal of hazardous wastes; "Schedule" means Schedule appended to these rules;
14. "State Pollution Control Board" means the Board appointed under sub-section(1) of the section 4 of the Water (Prevention and Control of Pollution) Act 1974 (6 of 1974); and under Section 4 of the Air (Prevention and Control of Pollution Act, 1981 (14 of 1981)
15. "transboundary movement" means any movement of hazardous wastes or other wastes from an area under the national jurisdiction of one country to or through an area under the national jurisdiction of another country or to or through an area not under the national jurisdiction of any country, provided at least two countries are involved in the movement;
16. the words and expressions used in these rules and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.