Hazardous Waste
Hazardous And Other Wastes (Management and Transboundary Movement) Rules, 2016 have been notified by MoEF&CC vide notification dated 4th April, 2016
What is Hazardous Waste
“Hazardous waste” means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, and shall include (i) waste specified under column (3) of Schedule I, II and III of the HW Rules 2016;
Types and Classification of Hazardous Waste
- Based on process of Industries as mentioned Sch-I of the HW Rules Rule-3(1)(17)(i).
- Based on waste constituents with concentration limit are given in Schedule-II, Rule-3(1)(17)(ii).
- Based on waste characteristics as given in Class C of Schedule-II, Rule-3(1)(17)(ii).
• Class C1: Flammable-A
• Class C2: Corrosive
• Class C3: Reactive or explosive
• Class C4: Toxic- A waste exhibits the characteristic of toxicity, if, :-
the concentration of the waste constituents listed in Class A and B (of this schedule) are equal to or more than the permissible limits prescribed therein;
• Class C5: Substances or Wastesliable to spontaneous combustion -Substances or Wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire.
• Class C6: Substances or Wasteswhich, in contact with water emit flammable gasesSubstances or Wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.
• Class C7: Oxidizing - Substances or Wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials.
• Class C8: Organic Peroxides - Organic substances or Wastes which contain the bivalent O−O structure, which may undergo exothermic self-accelerating decomposition.
• Class C9: Poisons (acute) - Substances or Wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact.
• Class C10: Infectious substances - Substances or Wastes containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans.
• Class C11: Liberation of toxic gases in contact with air or water - Substances or Wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities.
• Class C12: Eco-toxic- Substances or Wastes which if released, present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation or toxic effects upon biotic systems or both.
• Class C13: Capable, by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above.
HAZARDOUS WASTE MANAGEMENT OPTIONS & HIERARCHY
- Centralized Hazardous Waste Treatment, Storage, and Disposal Facilities (CHWTSDFs): These are specialized facilities equipped to handle, treat, store, and dispose of hazardous waste. They serve as centralized hubs for managing hazardous waste generated from various sources. Centralized TSDFs are designed to meet stringent environmental and safety standards.
- Captive Treatment: Some hazardous waste generators, particularly large industrial facilities, have on-site treatment and pre-processing capabilities to reduce the volume and hazardous characteristics of the waste before off-site disposal.
- Incineration Facilities: Hazardous waste incineration facilities are dedicated to the high-temperature combustion of hazardous waste to destroy its hazardous properties. These facilities are designed to handle a wide range of hazardous materials, including organic chemicals and hazardous heavy metals.
- Secure Landfills: Some hazardous waste, after treatment or stabilization, may be disposed of in secure hazardous waste landfills. These landfills are engineered to minimize the leaching of hazardous constituents into the environment and must meet strict regulatory criteria.
- Hazardous Waste Transportation: Specialized vehicles and containers are used to transport hazardous waste from the point of generation to treatment, storage, or disposal facilities. Transporters must comply with safety regulations and documentation requirements.
- Treatment Technologies: Various treatment methods are applied to hazardous waste based on its specific characteristics. These methods include chemical treatment, biological treatment, stabilization/solidification, high-temperature thermal desorption, solvent extraction, and more.
- Recycling and Recovery: Certain hazardous waste materials can be treated for the purpose of recovering valuable resources or reducing their hazardous properties. For example, used oil can be re-refined, and hazardous components separated and recycled.
- Export and Import Control: The export and import of hazardous waste are regulated to prevent illegal dumping in other countries. India is a signatory to the Basel Convention, which governs the transboundary movement of hazardous waste.
- Waste Minimization: Industries are encouraged to adopt cleaner production methods and waste minimization practices to reduce the generation of hazardous waste. Reducing waste at the source is a key strategy.
- Authorization and Reporting: Hazardous waste generators, transporters, and TSDFs must obtain necessary authorizations, maintain records, and report data as required by regulatory authorities.
- Awareness and Training: Training and awareness programs are essential to ensure that all stakeholders involved in hazardous waste management are informed about safety procedures and regulatory compliance.
- Community Engagement: Local communities often play a crucial role in monitoring and ensuring the safe management of hazardous waste, and their involvement and awareness are essential.
Regulatory Framework
Responsibilities of the occupier under HW Rules, 2016 - for the management of hazardous and other wastes
- For the management of hazardous and other wastes, an occupier shall follow the following steps:
(a) Prevention, (b) Minimization, (c) Reuse, (d) Recycling, (e) Recovery, utilization including co-processing, (f) Safe disposal.
- The occupier shall be responsible for safe and environmentally sound handling ofhazardous and other wastes generated in his establishment.
- The hazardous and other wastes generated in the establishment of an occupier shall be sent orsold to an authorized actual user or shall be disposed of in an authorized disposal facility.
- The hazardous and other wastes shall be transported from an occupier's establishment to an authorized actual user or to an authorized disposal facility in accordance with the provisions of these rules.
- The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a Treatment, Storage and Disposal Facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.
- The Occupier shall take all the steps while managing hazardous and other wastes to:
a)Contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and
b)Provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety.
Requirement of Authorization to OCCUPIER:
Every occupier of a facility who is engaged in handling, generation, collection, storage, packing, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous and other wastes shall be required to make an application in Form-1to the J&K Pollution Control Committee. The application for authorization shall be accompanied with a copy of each of the following documents namely: -
a) Consent to establish granted by J&K Pollution Control Committee under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
b) Consent to operate granted by J&K Pollution Control Committee under Water (Prevention & Control of Pollution) Act, 1974 and / or Air (Prevention & Control of Pollution) Act, 1981.
c) In case of renewal of authorization, a self-certified compliance report in respect of effluent, emission standards and the conditions specified in the authorization for hazardous and other wastes.
List of authorities and corresponding duties as defined under Hazardous and Other Wastes (Management and Transboundary Movement) Rules
- Ministry of Environment, Forests and Climate Change under the Environment (Protection)Act, 1986:
The duties of Ministry of Environment, Forests and Climate Change are defined in Sch-VII of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
- Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974
The duties of Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 are defined in Sch-VII of the Hazardous And Other Wastes (Management and Transboundary Movement) Rules, 2016
- State Government/Union Territory Government/Administration :
(i) Identification of site (s) for common Hazardous and Other Waste Treatment Storage and Disposal Facility (TSDF)
(ii) Assess Environment Impact Assessment (EIA) reports and convey the decision of approval of site or otherwise Acquire the site or inform operator of facility or occupier or association of occupiers to acquire the site
(iii) Notification of sites.
(iv) Publish periodically an inventory of all potential or existing disposal sites in the State or Union Territory
- State Pollution Control Boards or Pollution Control Committees
(i) Inventorisation of hazardous and other wastes
(ii) Grant and renewal of authorisation
(iii) Monitoring of compliance of various provisions and conditions of permission including conditions of permission for issued by Ministry of Environment, Forest and Climate Change for exports and imports
(iv) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment, Forest and Climate Change
(v) Implementation of programmes to prevent or reduce or minimise the generation of hazardous and other wastes.
(vi) Action against violations of these rules.
(vii) Any other function under these Rules assigned by Ministry of Environment, Forest and Climate Change from time to time.