(Camt—ers 30) SE ANTON TOT 33 MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION [New Dei the 24th Sepreanber, 2008 15.0.2265(F)—Wherensihe draftruls namely, the Hazardous Material (Management, Handlingand Transboundary Movement } Rules 2007 was published by the Goverment of India in the Ministry of Environment and Forest vide number §.0.1676(F) dated 28" September,2007 in the Cazette of India, Extraordinary of the same date inviting objection und suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazere containing the said rolfication wert made available tothe publiv; AND WHEREAS copies of the said Gazette were made available to the public on the 28" day of September, 2007; as ane suggestions received within the said period from the public in Coniral Government, AND WHEREAS the obje cespect of the said draft rules have been duly considered by NOW, THEREFORE, in exercise of the powers conferred by sections 6, $ and 25 of the Environment (Protection) Act, 1986 (29 af 1986), and in supersession of the Hazardous Wastes (Management and Handling) Rules, 1989, excepts in respect of things done er omitted to be done before such supersession, the Central Gevertumem hereby makes the following rules, namely. CHAPTER -1 PRELIMINARY 1. Short title and commencement: - (1) These rules may be called the Hazardous Wastes{Munagement, Handling.and Transbounlary Movernent) Rules, 2008 (2) They shall come ito force on the date of their publication in the official Gazette 2. Application: - These rules shall apply to the handing of hazardous wastes os specified im Schedules and shall not apply 10 - {a waste-woner and exhaust gases a3 covered under the provisions of the Water (Prevention aid Contr ‘sf Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control Uf Pollution) Act. 198l (14 of 1981) and the gules made iliereunder 718 Gvoe—19 .4 THEGAZETTEOFINDIASENTRAORDINARY ______[Paxr il--Bke, Say (6) wastes arising out of the operation from ships heyond five kilometres of the relevant baseliae as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1988) and the tiles made thereunder, (©) radioractive wastes as covered under the provisions of the Atomic Energy Act, 1982 (33 of 1962) and. the rules made thereunder: (@) bio-medical wastes covered under the Bio-Mcical Wastes (Management and Handling) Rules, 1998 made under the Act; and (€) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act; 3, Definitions: - (1) In these rules, untess te context otherwise requires, (a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986); Cb)"auihorisetion” means permission for generation, handling, calletion, reception, treatment, ‘anspor stornge, recycling, reprocessing, recovery. reuse and disposal of hacardous ‘wastes granted under sub-rule (4) of rule 5; (¢) “Basel Convention” is the United Nations Environment Programme Convention on the Control of ‘Transboundary Movement of Hazardous Wastes aid their Disposal; (2) *Central Pollution Cente Board” means the Ceniral Pollution Control Board eonstituted under subs Section (1) of section 3 of the Weter (Prevention and Control of Pollution} Act, 1974 (6 of 1974); (2 } “disposal” means any operation which does not lead to recycling, recovery or reuse and includes Physico chemical, biological treatment, incincration and disposal in secured landfills (£) “export” with its grammatical varivions and cognate expressions, means taking out of India to a place outside India; (¢) “exporter” tieans any pergon under the juriediction of the exporting country who exports hazardous ‘waste including the country, which exports hazardous waste; (bh )“enviconmentlly sourd management of hazardous wastes means taking all steps required to ensure that the hazardous wastes ate maneged in @ manner which shall protect health and the environmen: against the adverse effects which may result from such waste © “savironmentally sound technologies” means any technology approved by the Central Government fom time to time; (3) “fuclty” meaus any establishment whetcin the proceses incidental to the hanling, collection, ‘eeepGon, teatment, storage, reeyeling,revovery, reuse and disposal of hazardous wiistes are eared wut, (Uk) “Form” means a form appended to these rules;(ores (1) "hazardous waste" means uny waste which by reason of any of its physical, chemical, reactive, tovig, flammable, explosive or corrosive characteristics causes danger of is likely te cause danger to health or enviemment, whether alone oF when in contact with ather wastes or substances, and shall include SI ATT: ETT S$ (1) Waste sneeified under volumn (2) of Schedulc-h Ci) wastes having constituents specified in Schedule-il iftheir concentration is equal 10 or Fore than the limit indicated in the said Schedule, and (il) wastes specified In Part A or Part B of the Schedule in respect of import or export of such wastes in uccordance with rules 12.13 and 14 or the wastes other than those specified in Part A or Part B i'they possess any of the hazardous characteristics specified in Part © of that Schedule: (m ) “hazardous waste site” means a Place of collection, reception, treatment, storage of hazardous wastes and its dieposal to the environment which is approved by the competent authority; (1) "import with ite grammatical variations and cognate expressions, means bringin foto Incl from a lave outside India; (9) “importer” means an eceupier or any person who imports hazardous waste; (B ) “manifest” means transporting document prepared and signed by the occupier or his representative ‘authorized in accordance with the provisions of these rules (q) “oceupier” in relation to any factory or premises, means a person who has, control over the irs of the factory or the premises and includes in relation to any hazardous waste the person in possession of the hazardous waste: (1) “operator of disposal facility” means x person who owns or operates a facility for cullestion, reception, treatment, storage or disposal of hazardous wastes; (8) "reeyeler or reprocessor or actual user " means an occupier who procures and processes huvurdous ‘waste for eoyeling or recovery or re-use; (¢) “resyellng” means reclamation and reprocessing of hazardous waste in an environmentally sound ‘manner for the original purpose or for other purposes; { 11) “reuse” means use of hazardous waste forthe purpose of its original use or other use; (¥ ) "rosavery” means any operation inthe recycling activity wherein specific materials ace recovered: