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Hazardous Waste Management**

Definition of Hazardous Waste

Managing waste, especially waste that poses risks to human health and the environment, is a critical aspect of environmental protection. The term "hazardous waste" refers to a specific category of waste that requires careful handling, treatment, and disposal due to its potentially harmful properties.

Waste that is hazardous by reason of its quantity, concentration, chemical or physical characteristics, which may cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitable reversible, illness**

The definition of "hazardous waste" is central to the regulatory framework governing its management. In India, this definition is primarily provided in the rules notified under the Environment (Protection) Act, 1986. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (which replaced earlier rules like the 1989 and 2008 rules) define "hazardous waste" in Rule 3(1)(i) as:

"Hazardous waste means waste having such characteristics as specified in column 3 of Schedule I or possessing the constituents as specified in column 2 of Schedule II of these rules or the waste listed in Schedule III of these rules;"

Let's break down this definition based on the Schedules mentioned:

Schedule I - List of Hazardous Wastes from Process Industries:

This Schedule lists specific types of wastes generated from various industrial processes (e.g., wastes from petrochemical processes, manufacturing of pesticides, production of iron and steel, pharmaceuticals, etc.) that are considered hazardous. If a waste is listed in this Schedule, it is automatically classified as hazardous waste, regardless of its specific characteristics, because the processes from which it originates are known to produce hazardous waste.

Schedule II - List of Waste Constituents with Concentration Limits:

This Schedule lists specific chemical constituents (e.g., heavy metals like arsenic, cadmium, mercury, lead; organic compounds like phenols, PCBs, cyanides) and their concentration limits. If a waste contains these constituents above the specified limits, it is classified as hazardous waste based on its composition and concentration of harmful substances.

Schedule III - List of Hazardous Wastes (Based on Basel Convention):

This Schedule provides a list of hazardous wastes based on categories and characteristics aligned with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, to which India is a party. It includes general categories of hazardous wastes and lists wastes based on their hazardous characteristics (like explosivity, flammability, toxicity, corrosivity, reactivity, etc.).

The definition in the Rules thus relies on these three schedules. However, the descriptive phrase provided in your prompt - "Waste that is hazardous by reason of its quantity, concentration, chemical or physical characteristics, which may cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitating reversible, illness" - encapsulates the underlying principle behind why these wastes are listed in the Schedules. It describes the potential risks posed by hazardous wastes, which include:

Wastes exhibiting these properties in sufficient quantity or concentration are classified as hazardous because they pose a significant threat to public health and the environment if not managed properly. The Schedules provide the specific lists and thresholds for regulatory purposes, giving concrete examples of what falls under this definition.


The Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2016 (and earlier rules)**

Hazardous wastes require specific regulations for their management, handling, and movement due to the risks they pose. In India, the primary legal instrument for this is the set of rules framed under the Environment (Protection) Act, 1986, specifically the Hazardous and Other Wastes (Management and Transboundary Movement) Rules.

These rules have evolved over time, starting with the Hazardous Wastes (Management and Handling) Rules, 1989. These were significantly revised and replaced by the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, which introduced more detailed provisions on transboundary movement and management practices. The current operative rules are the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, which further streamlined procedures, clarified definitions, and introduced concepts like 'other wastes' requiring management.

Objectives of the Rules

The overall objective of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (and their predecessors), is to ensure the environmentally sound management of hazardous and other wastes in India. This encompasses a range of goals:

These rules establish a cradle-to-grave (from generation to final disposal) control system for hazardous waste, aiming to prevent environmental pollution and protect human health from the adverse effects of improper management.


Management, Handling, and Transboundary Movement

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, provide detailed procedures and requirements for managing hazardous and other wastes throughout their lifecycle. Key aspects covered include authorisation, responsibilities of stakeholders, tracking waste movement, and regulating international trade.

Authorisation for operating facilities

The Rules mandate that any person or entity involved in the generation, collection, reception, storage, transport, treatment, disposal, or any other form of handling of hazardous or other wastes must obtain a formal Authorisation from the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).

Rule 6 of the 2016 Rules specifies this requirement. This authorisation is similar in function to the 'Consent to Operate' under the Water and Air Acts, providing regulatory oversight over facilities handling hazardous waste.

The application for authorisation must provide details about the quantity and type of hazardous waste handled, the processes involved, the pollution control measures in place, emergency response plans, and compliance with relevant standards. The SPCB/PCC scrutinises the application and grants authorisation with specific conditions designed to ensure environmentally sound management of the waste. This authorisation is typically granted for a specified period and requires renewal.

Facilities like common hazardous waste treatment, storage, and disposal facilities (TSDFs), incinerators, and shredding units must obtain specific authorisation to operate. Similarly, industries generating hazardous waste must also obtain authorisation covering their collection, storage, and on-site handling activities.

Responsibilities of occupiers and authorities

The Rules clearly delineate the responsibilities of various parties involved in hazardous waste management:

Manifest system for transportation

To ensure that hazardous waste is transported safely from the point of generation to the point of disposal or treatment without getting mismanaged or illegally dumped, the Rules mandate a manifest system (Rule 18). This is a documentation system that tracks the waste from "cradle to grave".

The manifest system involves a multi-copy document (usually six copies) that accompanies the hazardous waste during transportation. Each copy is signed by the generator, the transporter, and the receiver (TSDF operator) at different stages of the journey.

How the Manifest System Works:

  1. The waste generator (occupier) initiates the manifest document, filling in details about the waste (type, quantity, properties), its origin, and the intended destination (authorised TSDF). They keep one copy and hand over the rest to the transporter.
  2. The transporter signs the manifest, acknowledging receipt of the waste, and carries it along with the waste. They keep one copy and hand over the rest to the receiver.
  3. The receiver (TSDF operator) signs the manifest upon receiving the waste, confirming its arrival. They keep two copies, send one copy back to the generator, and send one copy to the concerned SPCB/PCC.
  4. The generator, upon receiving the signed copy from the receiver, sends one copy to their SPCB/PCC and keeps the last copy for their records.

This system creates a paper trail that allows regulatory authorities (SPCBs/PCCs) to track the movement of hazardous waste, verify that it reaches an authorised facility, and ensure that no waste is lost or illegally diverted during transit. Failure to comply with the manifest system is a serious violation of the Rules.

Prohibition on import of hazardous waste (with exceptions)**

The Rules adopt a precautionary approach regarding the international movement of hazardous waste, particularly imports, to protect India from potentially harmful waste streams from other countries.

Rule 11 of the 2016 Rules generally prohibits the import of hazardous and other wastes. The core principle is to prevent the dumping of hazardous waste into India from other nations.

However, the Rules do provide for exceptions to this general prohibition, primarily for specific purposes that contribute to resource recovery or are necessary for legitimate industries. Import is permissible only under the following strict conditions and with specific permissions:

The DGFT is involved in regulating the import/export licenses, and Customs authorities at ports/borders are responsible for verifying the shipments against the permissions granted. Any illegal import or export of hazardous waste is a serious offence under the Rules and can lead to severe penalties, including action under the Customs Act, 1962, and other relevant laws.

This regulatory framework ensures that transboundary movements of hazardous waste are controlled and limited to legitimate recycling or recovery operations, preventing illegal trafficking and environmental harm.