Hazardous Waste

PIB press release dated 6th March, 2019

In order to strengthen the implementation of environmentally sound management of hazardous waste in the country, the Ministry of Environment, Forest and Climate Change has amended the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016 vide notification G.S.R.  G.S.R. XX (E), dated 01 March 2019.

The amendment has been done keeping into consideration the “Ease of Doing Business” and boosting “Make in India” initiative by simplifying the procedures under the Rules, while at the same time upholding the principles of sustainable development and ensuring minimal impact on the environment.

Some of the salient features of the Hazardous and Other Wastes (Management& Transboundary Movement) Amendment Rules, 2019 are as follows:

1. Solid plastic waste has been prohibited from import into the country including in Special Economic Zones (SEZ) and by Export Oriented Units (EOU).
2. Exporters of silk waste have now been given exemption from requiring permission from the Ministry of Environment, Forest and Climate Change.
3. Electrical and electronic assemblies and components manufactured in and exported from India, if found defective can now be imported back into the country, within a year of export, without obtaining permission from the Ministry of Environment, Forest and Climate Change.
4. Industries which do not require consent under Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981, are now exempted from requiring authorization also under the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, provided that hazardous and other wastes generated by such industries are handed over to the authorized actual users, waste collectors or disposal facilities.

Hazardous Waste Management Rules, 2016

The Ministry of Environment, Forests & Climate Change has notified the Hazardous & Other Wastes (Management & Transboundary Movement), Rules, 2016. 

For the first time, Rules have been made to distinguish between Hazardous Waste and other wastes. Other wastes include:Waste tyre, paper waste, metal scrap, used electronic items, etc. and are recognized as a resource for recycling and reuse. These resources supplement the industrial processes and reduce the load on the virgin resource of the country. 

The salient features of Hazardous and Other Wastes (Management &Transboundary Movement) Rules, 2016 include the following:- 

i. The ambit of the Rules has been expanded by including ‘Other Waste’. 

ii. Waste Management hierarchy in the sequence of priority of prevention, minimization, reuse, recycling, recovery, co-processing; and safe disposal has been incorporated. 

iii. All the forms under the rules for permission, import/export, filing of annual returns, transportation, etc. have been revised significantly, indicating the stringent approach for management of such hazardous and other wastes with simultaneous simplification of procedure. 

iv. The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs), specific to waste type, which has to be complied by the stakeholders and ensured by SPCB/PCC while granting such authorisation. 

v. Procedure has been simplified to merge all the approvals as a single window clearance for setting up of hazardous waste disposal facility and import of other wastes. 

vi. Co-processing as preferential mechanism over disposal for use of waste as supplementary resource, or for recovery of energy has been provided. 

vii. The approval process for co-processing of hazardous waste to recover energy has been streamlined and put on emission norms basis rather than on trial basis. 

viii. The process of import/export of waste under the Rules has been streamlined by simplifying the document-based procedure and by revising the list of waste regulated for import/export. 

ix. The import of metal scrap, paper waste and various categories of electrical and electronic equipments for re-use purposehas been exempted from the need of obtaining Ministry’s permission. 

x. The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs) specific to waste type. 

xi. Responsibilities of State Government for environmentally sound management of hazardous and other wastes have been introduced as follows: 

 Toset up/ allot industrial space or sheds for recycling, pre-processing and other utilization of hazardous or other waste

 To register the workers involved in recycling, pre-processing and other utilization activities. 

 To form groups of workers to facilitate setting up such facilities; 

 To undertake industrial skill development activities and ensure safety and health of workers. 

xii. List of processes generating hazardous wastes has been reviewed taking into account technological evolution in the industries. 

xiii. List of Waste Constituents with Concentration Limits has been revised as per international standard and drinking water standard. 

The following items have been prohibited for import: 

a. Waste edible fats and oil of animals, or vegetable origin; 

b. Household waste; 

c. Critical Care Medical equipment; 

d. Tyres for direct re-use purpose; 

e. Solid Plastic wastes including Pet bottles; 

f. Waste electrical and electronic assemblies scrap; 

g. Other chemical wastes especially in solvent form. 

xiv. State Government is authorized to prepare integrated plan for effective implementation of these provisions, and have to submit annual report to Ministry of Environment, Forest and Climate Change. 

xv. State Pollution Control Board is mandated to prepare an annual inventory of the waste generated; waste recycled, recovered, utilised including co-processed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year. 

3. 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 to health, or environment. It comprises the waste generated during the manufacturing processes of the commercial products such as industries involved in petroleum refining, production of pharmaceuticals, petroleum, paint, aluminium, electronic products etc. As per the information furnished by CPCB in the year 2015, the total hazardous waste generation in the country is 7.46 million metric tonnes per annum from about 44,000 industries. 

4. Proper Hazardous Waste Management

i. Scientific disposal of hazardous waste through collection, storage, packaging, transportation and treatment, in an environmentally sound manner minimises the adverse impact on human health and on the environment. The hazardous waste can be disposed at captive treatment facility installed by the individual waste generators or at Common Hazardous Waste Treatment, Storage and Disposal Facilities (TSDFs). There are 40 Common Hazardous Waste Treatment, Storage and Disposal Facilities (TSDFs) available in 17 States/UTs. 

ii. Hazardous waste as lead acid battery scraps, used oil, waste oil, spent catalyst etc. and other waste such as waste tyres, paper waste, metal scrap etc. are used as raw material by the industries involved in recycling of such waste and as supplementary resource for material and energy recovery. Accordingly, it is always preferable to utilise such waste through recycling, or for resource recovery to avoid disposal through landfill or incineration. There are about 1080 registered recyclers; 47 cement plants permitted for co-processing; and about 108 industries permitted for utilisation of hazardous waste. 

5. Problems of unscientific disposal of Hazardous and other waste

Unscientific disposal of hazardous and other waste through burning or incineration leads to emission of toxic fumes comprising of Dioxins & Furans, Mercury, heavy metals, causing air pollution and associated health-related problems.Disposal in water bodies, or in municipal dumps leads to toxic releases due to leaching in land and water entailing into degradation of soil and water quality.The workers employed in such unscientific practices suffer from neurological disorders, skin diseases, genetic defects, cancer etc.Hence, there is a need for systematic management of hazardous and other waste in an environmentally sound manner by way of prevention, minimisation, re-use, recycling, recovery, utilisation including co-processing and safe disposal of waste.

6. Consultation process for new Hazardous and Other Waste Rules

Draft Hazardous and Other Wastes (Management and Transboundary Movement) Rules were published in July, 2015 inviting suggestions and objections. 473 suggestions/ objections were received from Government organisations, institutions and private individuals. Draft rules were shared with industry associations, Central Government ministries and State Governments. Stakeholders’ consultation meetings were organised in Delhi, Mumbai, Kolkata, Bengaluru. A working group comprising technical and subject experts examined all the suggestions. Based on the recommendations of the Working Group, the Ministry has published the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016.

Bio-Medical Waste Management Rules, 2016

New Bio-Medical Waste Management Rules, 2016 notified by the Ministry of Environment & Forests. 

The major salient features of BMW Management Rules, 2016 include the following:-

 (a)                The ambit of the rules has been expanded to include vaccination camps, blood donation camps, surgical camps or any other healthcare activity;

(b)               Phase-out the use of chlorinated plastic bags, gloves and blood bags within two years;

(c)                Pre-treatment of the laboratory waste, microbiological waste, blood samples and blood bagsthrough disinfection orsterilisation on-site in the manner as prescribed by WHOor NACO;

(d)               Provide training to all its health care workers and immunise all health workers regularly;

(e)                Establish a Bar-Code System for bags or containers containing bio-medical waste for disposal;

(f)                Report  major accidents;

(g)               Existing incinerators to achieve the standards for retention time in secondary chamber and Dioxin and Furans within two years;

(h)               Bio-medical waste has been classified in to 4 categories instead 10 to improve the segregation of waste at source;

(i)                 Procedure to get authorisation simplified. Automatic authorisation for bedded hospitals.  The validity of authorization synchronised with validity of consent orders for Bedded HCFs. One time Authorisation for Non-bedded HCFs;

(j)                 The new rules prescribe more stringent standards for incinerator to reduce the emission of pollutants in environment;

(k)               Inclusion of emissions limits for Dioxin and furans;

(l)                 State Government to provide land for setting up common bio-medical waste treatment and disposal facility;

(m)             No occupier shall establish on-site treatment and disposal facility, if a service of `common bio-medical waste treatment facility is available at a distance of seventy-five kilometer.

(n)               Operator of a common bio-medical waste treatment and disposal facility to ensure the  timely collection of bio-medical waste from the HCFs and assist the HCFs in conduct of training

 Bio-medical waste

 Biomedical waste comprises human & animal anatomical waste, treatment apparatus likeneedles, syringes and other materials used in health care facilities in the process of treatment and research.  This waste is generated during diagnosis, treatment or immunisation in hospitals, nursing homes, pathological laboratories, blood bank, etc. Total bio-medical waste generation in the country is 484 TPD from 1,68,869 healthcare facilities (HCF), out of which 447 TPD is treated.

Proper Bio-medical waste management

1. Scientific disposal of Biomedical Waste through segregation, collection and treatment in an environmentally sound manner minimises the adverse impact on health workers and on the environment. The hospitals are required to put in place the mechanisms for effective disposal either directly or through common biomedical waste treatment and disposal facilities.  The hospitals servicing 1000 patients or more per month are required to obtain authorisation and segregate biomedical waste in to 10 categories, pack five colour backs for disposal.  There are 198 common bio-medical waste treatment facilities (CBMWF) are in operation and 28 are under construction. 21,870 HCFs have their own treatment facilities and 1,31,837 HCFs are using the CBMWFs.

Problems of unscientific Bio-medical waste disposal

    iii.            The quantum of waste generated in India is estimated to be 1-2 kg per bed per day in a hospital and 600 gm per day per bed in a clinic. 85% of the hospital waste is non-hazardous, 15% is infectious/hazardous.  Mixing of hazardous results in to contamination and makes the entire waste hazardous. Hence there is necessity to segregate and treat.  Improper disposal increases risk of infection; encourages recycling of prohibited disposables and disposed drugs; and develops resistant microorganisms

Construction and Demolition Waste Management Rules 2016

PIB press release dated 29th March, 2016

The Government has notified Construction & Demolition Waste Management Rules, 2016 for the first time.  Outlining the salient features of the Construction & Waste Management Rules here today, Union Minister of State (Independent Charge) of Environment, Forest and Climate Change, Shri Prakash Javadekar, said that the rules are an initiative to effectively tackle the issues of pollution and waste management.  Shri Javadekar said that at present, the construction & demolition waste generated is about 530 million tonnes annually.  The Minister said that construction & demolition waste is not a waste, but a resource.  He added that the basis of these Rules is to recover, recycle and reuse the waste generated through construction and demolition.  Shri Javadekar said that segregating construction and demolition waste and depositing it to the collection centres for processing will now be the responsibility of every waste generator.

The Environment Minister highlighted that the local bodies will have to utilize 10-20% material from construction and demolition waste in municipal and government contracts.  Shri Javadekar said that cities with a population of more than one million will commission processing and disposal facility within 18 months from the date of final notification of these rules, while cities with a population of 0.5 to 1 million and those with a population of less than 0.5 million will have to provide these facilities within two years and three years respectively.  “Permission for construction will be given only when the complete construction and demolition waste management plan is presented”, he said.  The Minister also pointed out that large generators of waste will have to pay relevant charges for collection, transportation, processing and disposal, as notified by the concerned authorities.

The draft Construction & Waste Management Rules were published three months ago, to which the Ministry had received 111 suggestions.

The salient features of the Construction & Demolition Waste Management Rules, 2016 are:

 (i)        Application

·         Applies to everyone who generates construction and demolition waste.

(ii)        Duties of waste Generators

·         Every waste generator shall segregate construction and demolition waste and deposit at collection centre or handover it to the authorised processing facilities

·         Shall ensure that there is no littering or deposition so as to prevent obstruction to the traffic or the public or drains.

·         Large generators (who generate more than 20 tons or more in one day or 300 tons per project in a month)  shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodeling work,

·         Large generators shall  have environment management plan to address the likely environmental issues from construction, demolition, storage, transportation process and disposal / reuse of C & D Waste.

·         Large generators shall segregate the waste into four streams such as  concrete,  soil,  steel, wood and plastics, bricks and mortar,

·         Large generators shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities;

(iii)       Duties of Service providers and Contractors

·         The service providers shall prepare a comprehensive waste management plan for waste generated within their jurisdiction, within six months from the date of notification of these rules,

·         Shall remove all construction and demolition waste in consultation with the concerned local authority on their own or through any agency.

(iv)       Duties of State Government and Local Authorities

·         The Secretary, UDD in the State Government shall prepare their policy with respect to management of construction and demolition of waste within one year from date of final notification of these rules.

·         The concerned department in the State Government dealing with land shall provide suitable sites for setting up of the storage, processing and recycling facilities for construction and demolition waste with one-and-a-half years from date of final notification of these rules.

·         The Town and Country planning Department shall incorporate the site in the approved land use plan so that there is no disturbance to the processing facility on a long term basis.

·         Shall procure and utilize 10-20% materials made from construction and demolition waste in municipal and Government contracts.

·         Local Authority shall place appropriate containers for collection of waste, removal at regular intervals, transportation to appropriate sites for processing and disposal.

·         LA shall seek detailed plan or undertaking from large generator of  construction and demolition waste and sanction the waste management plan; 

·         Seek assistance from concerned authorities for safe disposal of  construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;

·         LA shall give appropriate incentives to generator for salvaging,  processing and  or recycling preferably in-situ;

·         LA shall establish a data base and update once in a year,

·         Million plus cities (based on 2011 census of India), shall commission the processing and disposal facility within one-and-a-half years from date of final notification of these rules

·         0.5 to 1 million cities, shall commission the processing and disposal facility within two years from date of final notification of these rules

·         for other cities (< 0.5 million populations), shall commission the processing and disposal facility within three years from date of final notification of these rules

(v)        Duties of Central Pollution Control Board, State Pollution Control Board or

Pollution Control Committee

·         The Central Pollution Control Board shall prepare operational guidelines related to environmental management of construction and demolition waste.

·         SPCB shall grant authorization to construction and demolition waste processing facility

·         Monitor the implementation of these rules by the concerned local bodies 

·         Submit annual report to the Central Pollution Control Board and the State Government.

(v)        Standards for products of construction and demolition waste

·         The Bureau of Indian Standards need to prepare code of practices and standards for products of construction and demolition waste

·         Indian Roads Congress need to prepare standards and practices pertaining to products of construction and demolition waste in roads construction.

(vi)       Duties of Central Ministries

·         The Ministry of Urban Development, and the Ministry of Rural Development, Ministry of Panchayat Raj, shall facilitate local bodies in compliance of these rules;

·         The Ministry of Environment, Forest and Climate Change shall review implementation of these rules as and when required.  

(vii)      Facility for processing / recycling facility

·         The operator of the facility shall obtain authorization from State Pollution Control Board or Pollution Control Committee.

·         The processing / recycling site shall be away from habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest.

·         The processing/recycling facility exceeding five Tones per day capacity, shall maintain a buffer zone of no development around the facility.

Coastal Zone Regulations - exemptions for memorials/ monuments etc.

The Ministry of Environment & Forests has vide its notification dated 17th February, 2015 given exemption to construction of memorials/ monuments in Coastal Zone IV areas subject to clearance from the State Coastal Zone Management ARea.

The exemption is for reclamation from the seas as well as dressing or altering the sand dunes, hills, natural landscapes.

CRZ-IV is water area from low tide line to 12 nautical miles on seaward side and shall include the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of the tide which is measured as 5 parts per thousand during the driest part of the year.

http://envfor.nic.in/sites/default/files/SO%20NO.556%20E-12302012072610.pdf