-COPY OF- ENVIRONMENT NOTIFICATION

1 Information on this page is provided by Shakun & Company (Services) Private Limited, New Delhi, India toits subscribers against the annual subscription. Non-subscribers may visit for more OF-NOTIFICATIOND ated 24thSeptember, 2008 Whereas the draft rules, namely,the Hazardous Material (Management, Handling and TransboundaryMovement) Rules 2007 was published by theGovernment of India in theMinistry of ENVIRONMENT and Forestvide number (E),dated 28thSeptember,2007 in the Gazette of India, Extraordinary of the same dateinviting objection and suggestions from all persons likely to be affected thereby,before the expiry of the period ofsixty days from the date on which copies of the Gazette containing the said NOTIFICATION were made available tothe public;AND WHEREAS copies of the said Gazette were made available to the public on the 28thday of September,2007;AND WHEREAS the objections and suggestions received within the said period from the public in respect of thesaid draft rules have been duly considered by the Central Government.

2 NOW, THEREFORE,in exercise of the powers conferred by sections 6, 8 and 25 of the ENVIRONMENT (Protection)Act, 1986 (29 of 1986), and in supersession of the Hazardous Wastes (Management and Handling) Rules, 1989,excepts in respect of things done or omitted to be done before such supersession, the Central Governmenthereby makes the following rules, title and commencement:-(1) These rules may be called theHazardous Wastes(Management,Handling and Transboundary Movement) Rules, 2008.(2) They shall come into force on the date of their publication in the official :-These rules shall apply to the handling of hazardous wastes as specified in Schedules and shallnot apply to-(a)waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control ofPollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) andthe rules made thereunder;(b)wastes arising out of the operation from ships beyond five kilometres of the relevant baseline as coveredunder the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder;(c)radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and therules made thereunder;(d)bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 madeunder the Act.

3 And(e)wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under theAct; :-(1) In these rules, unless the context otherwise requires,-(a) Act means the ENVIRONMENT (Protection) Act, 1986 (29 of 1986);(b) authorization means permission for generation, handling, collection, reception, treatment, transport,storage, recycling, reprocessing, recovery, reuse and disposal of hazardous wastes granted under sub-rule (4) ofrule 5;(c) Basel Convention is the United Nations ENVIRONMENT Programme Convention on the Control ofTransboundary Movement of Hazardous Wastes and their Disposal;(d) Central Pollution Control Board means the Central Pollution Control Board constituted under sub-section(1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);(e) disposal means any operation which does not lead to recycling, recovery or reuse and includes physicochemical, biological treatment, incineration and disposal in secured landfill.

4 /2 Information on this page is provided by Shakun & Company (Services) Private Limited, New Delhi, India toits subscribers against the annual subscription. Non-subscribers may visit for more & Company (Services) Private Limited(f) export with its grammatical variations and cognate expressions, means taking out of India to a place outsideIndia;(g) exporter means any person under the jurisdiction of the exporting country who exports hazardouswasteincluding the country, which exports hazardous waste;(h) environmentally sound management of hazardous wastes meanstaking all steps required to ensure thatthe hazardous wastes are managed in a manner whichshall protect health and the ENVIRONMENT against theadverse effectswhich may result from such waste;(i) environmentally sound technologies means any technology approved by the Central Government from timeto time;(j) facility means any establishmentwherein the processes incidental to the handling, collection, reception,treatment, storage,recycling,recovery, reuse and disposal of hazardous wastes are carried out.

5 (k) Form means a form appended to these rules;(l) hazardous waste means any waste which by reason of any of its physical, chemical, reactive,toxic,flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health orenvironment, whether alone or when in contact with other wastes or substances, and shall include-(i)waste specified under column (3) of Schedule-I,(ii)wastes having constituents specified in Schedule-II if their concentration is equal to or more than thelimit indicated in the said Schedule, and(iii)wastes specified in Part A or Part B of the Schedule-III in respect of import or export of such wastes inaccordance with rules 12,13 and 14 or the wastes other than those specified in Part A or Part B if theypossess any of the hazardous characteristics specified in Part C of that Schedule;(m) hazardous waste site means a place of collection, reception, treatment, storage of hazardous wastes and itsdisposal tothe ENVIRONMENT which is approved by the competent authority;(n) import with its grammatical variations and cognate expressions, means bringing into India from a placeoutside India;(o) Importer means an occupier or any person who imports hazardouswaste;(p) manifest means transporting document prepared and signed by the occupier or his representativeauthorized in accordance with the provisions of these rules.

6 (q) occupier in relation to any factory or premises, means a person who has, control over the affairs of thefactory or the premises and includes in relation to any hazardous waste the person in possession of thehazardous waste;(r) operator of disposal facility means a person who owns or operates a facility for collection, reception,treatment, storage or disposal of hazardous wastes;(s) recycler or reprocessor or actual user means an occupier who procures and processes hazardous waste forrecycling or recovery or re-use;(t) recycling means reclamation and reprocessing of hazardous waste in an environmentally sound manner forthe original purpose or for other purposes;(u) reuse means use of hazardous waste for the purpose of its original use or other use;(v) recovery means any operation in the recycling activity wherein specific materials are recovered;(w) Schedule means a Schedule appended to these rules;(x) State Government in relation to a Union territory means, the Administrator thereof appointed under article239 of the Constitution;(y) State PollutionControl Board means the State Pollution ControlBoard or the Pollution Control Committeeconstituted under sub-section (1) of section 4 of the Water(Prevention and Control of Pollution) Act, 1974(6 of 1974).

7 /3 Information on this page is provided by Shakun & Company (Services) Private Limited, New Delhi, India toits subscribers against the annual subscription. Non-subscribers may visit for more & Company (Services) Private Limited(z) storage means storing any hazardous waste for a temporary period, at the end of which such waste isprocessed or disposed of;(za) transboundary movement means any movement of hazardous wastes from an area under the jurisdictionof one country to or through an area under the jurisdiction of another country or to or through an area notunder the jurisdiction of any country, provided at least two countries are involved in the movement;(zb) transport means off-site movementof hazardous wastes by air, rail, road or water;(zc) transporter means a person engaged in the off-site transportation of hazardous waste by air, rail, road orwater;(zd) treatment means a method, technique or process, designed to modify the physical, chemical or biologicalcharacteristics or composition of any hazardous waste so as to reduce its potential to cause harm.

8 (ze) used oil means any oil-(a)derived from crude oil or mixtures containing synthetic oil including used engine oil. gearoil, hydraulicoil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and theirtank bottom sludges; and(b)suitable for reprocessing, if it meets the specificationlaid down in Part-A of Schedule-V but does notinclude waste oil;(zf) waste oil means any oil which includes spills of crude oil, emulsions, tank bottom sludge and slop oilgenerated from petroleum refineries, installations or ships and can be used as fuel in furnaces for energyrecovery, ifit meets the specifications laid down in Part-B of Schedule-5 either as such or after and expressions used in these rules and not defined but defined in the Act shall have themeanings respectively assigned to them in the FOR HANDLING HAZARDOUS of the occupier for handling of hazardous (1)The occupier shall be responsible for safe and environmentally sound handling of hazardouswastes generated in his establishment.

9 (2)The hazardous wastes generated in the establishment of an occupier shall be sent or sold to arecycler or re-processor or re-user registered or authorized under these rules or shall be disposedof in an authorized disposal facility.(3)Thehazardous wastes transported from an occupier's establishment to a recycler for recycling orreuse or reprocessing or to an authorized facility for disposal shall be transported in accordancewith the provisions of these rules.(4)The occupier or any other person acting on his behalf who intends to get his hazardouswastestreated and disposed of by the operator of a Treatment, Storage and DisposalFacility shall give tothe operator of a facility, such information as may be determined bythe State Pollution ControlBoard.(5)The occupier shall take all adequate steps while handling hazardous wastes to:(i)contain contaminants and prevent accidents and limit their consequenceson human beingsand the ENVIRONMENT ; and(ii)provide persons working on the site with the training, equipment and theinformationnecessary to ensure their of authorization for handling hazardous wastes.

10 (1) Every person who is engaged in generation, processing, treatment, package, storage, transportation,use, collection, destruction, conversion, offering for sale, transfer or the like of the hazardous wasteshall require to obtain an authorization from the State Pollution Control on this page is provided by Shakun & Company (Services) Private Limited, New Delhi, India toits subscribers against the annual subscription. Non-subscribers may visit for more & Company (Services) Private Limited(2) Thehazardous waste shall be collected, treated, re-cycled, re-processed, stored or disposed of onlyin such facilities as may be authorized by the State Pollution Control Board for the purpose.(3) Every person engaged ingeneration, processing, treatment, package, storage,transportation, use,collection, destruction, conversion, offering for sale, transfer or the like of the hazardous waste oroccupier of the facility shall make an application inForm 1to the State Pollution Control Board forauthorization within a period of sixty days from the date of commencement of these rules:Provided that any person authorized under the provisions of the Hazardous Waste (Managementand Handling) Rules, 1989, prior to thedate of coming into force of these rules, shall not require tomake an application for authorization till the period of expiry of such authorization.