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  • Provide timely services
  • Assist in submission of mandated documents
  • Complete help in the authorisation process
  • Provide legal assistance

Overview regarding the E-waste Recycler Registered under CPCB

The changes and amendments made in the rules and regulations from time to time reflect the aim and objective of authorities to properly regulate and manage the increasing e-waste. One of the essential aspects introduced in the newly amended E-waste Management Rule is the compulsion for recyclers to get registration from the Central Pollution Control Board (CPCB) to oversee and examine their activities. E-waste recycler registered under CPCB is mandated by the rules to fulfil specific requirements and compliances to maintain the authorisation.

Responsibility of E-waste Recycler Registered under CPCB

  1. The first and foremost responsibility of the E-waste recycler registered under CPCB is to ensure that the recycling facility is according to the standards or guidelines prescribed by the Central Pollution Control Board.
  2. The recycler has to get authorisation under the procedure laid down under Sub Rule (3) of Rule 13 from the respective State Pollution Control Board (SPCB).
  3. Recyclers have to make sure there is no damage caused to the environment during the transportation and storage of e-waste.
  4. They must ensure all the records are presented to the CPCB or the concerned SPCB for examination.
  5. E-waste recycler registered under CPCB has to ensure that there is no damage caused to human health also.
  6. They also have to ensure that the fractions or materials not recycled in the facility are sent to the respective recycler.
  7. They also must ensure that residue produced during the recycling process is disposed of in an authorised TSDF (treatment storage disposal facility).
  8. E-waste recyclers registered under CPCB must maintain a register of e-waste recycled, collected, dismantled and sent in Form-2 and make the record available for scrutiny by the CPCB or the concerned SPCB.
  9. E-waste recyclers must file annual returns in Form-3 to the concerned SPCB, as the case may be, on or before the 30 June following the financial year to which that return relates.
  10. The recycler may receive WEEE (waste electrical and electronic equipment) or constituents not mentioned in Schedule I for recycling, as long as they do not comprise any radioactive material. Also, the same shall be indicated while taking the authorisation from the concerned SPCB.
  11. Any recycler operating without CPCB registration, as mandated under E-waste Management Rules, shall be considered to be causing environmental damage.

Grant of authorisation to the E-waste Recycler Registered under CPCB

The E-waste Management Rules, 2016, under Rule 13 sub-rule (3), prescribe the procedure for grant of authorisation to dismantler and recycler. The application for the authorisation required by the e-waste recycler registered under CPCB must be submitted to the respective SPCB.

The recycler must apply under Form 4 to the concerned SPCBwithin a hundred and twenty days. The form must accompany the following documents: -

  1. Consent NOC (No Objection Certificate) granted by the concerned SPCB under the Water and the Air (Prevention and Control of Pollution) Acts,
  2. Certificate of registration issued by the (DIC) District Industries Centre or any other government agency authorised regarding this
  3. Proof of installed capacity of unit and machinery issued by the DIC or any other government agency authorised on this behalf
  4. In case of renewal, a certificate of compliance with effluent and emission standards, treatment and disposal of hazardous wastes as applicable from the concerned SPCB or any other agency designated for this purpose.

Once the SPCB receives all the mandated documents, it then scrutinises them to satisfaction. The board then ensures that the recyclers have used environmentally sustainable technology and followed the process according to the implementation guidelines of E-waste Management Rules by the CPCB. After that, the authority conducts the site inspection, according to which the authorisation is granted.

Particulars of the authorisation application

Particulars of the application that is to be submitted to the SPCBfor installing recycling unit of e-waste are as follows -

  1. Name and address of the recycling unit
  2. Contact of person
  3. Date of commissioning
  4. Number of workers
  5. Validity consents (Under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981)
  6. Recycling process details
  7. Installed capacity in MT/year
  8. E-waste that was processed during the last three years
  9. Waste Management details
    1. Waste generation
    2. Provide details of the disposal of residue
    3. Name of the Treatment Storage and Disposal Facilities (TSDFs) utilised
  10. Estimated e-waste procured
  11. Occupational or health safety
  12. Copy of agreement with producer (in case of dismantler)
  13. Copy of agreement with the collection centre (in case of dismantler)
  14. Information on storage for dismantling
  15. Copy of agreement with the recycler (in case of dismantler)
  16. Details of the facilities for recycling
  17. Copy of agreement with the collection centre (in case of recycler)
  18. Copy of agreement with producers (in case of recycler) Information on storage for raw material recovered

Validity and renewal of the authorisation

E-waste recycler registered under CPCB is mandated to have authorisation. The authorisation validity is for five years starting from the date of its grant. It must be submitted with a copy of the field inspection report authorised by the board constituted by the authority. This is done after analysing the adequacy of the recycling unit for dismantling or recycling e-waste and is according to the implementation guidelines specified by CPCB published from time to time.

The respective SPCB may cancel, suspend or refuse e-waste recycling authorisation granted according to EWM Rules, 2016. This can be done if the board have cause to believe that the e-waste recycler registered under CPCB has failed to fulfil any of the requirements of authorisation or any mandates of the act or regulations prescribed by the authorities once s/he is given sufficient opportunity to be heard.

An authorisation application for registration renewal should be made under Form - 4 before one hundred and twenty days of its expiration. The respective SPCB may renew the authorisation of e-waste recycler registered under CPCB for five years after inspecting each case on compliance. This is done on the additional condition that there is no violation of the mandates of the EWM rules, the guidelines prescribed by the authorities, or the stipulations defined by the authorities for registration.

Consent Certificate

CTE (Consent to Establish) is essential for setting up a recycling unit. CTE is granted before the e-waste recycling unit is instituted as per the Air and Water (Prevention and Control of Pollution) Acts. CTO (Consent to Operate) is again an essential requirement for operating a recycling unit. CTO is granted to the e-waste recycler registered under CPCB after the recycling unit is instituted, and now it is ready to work as per the Air and Water (Prevention and Control of Pollution) Acts.

The attainment procedure of these certificates (Consent to Establish and Consent to operate) is standardised.

According to the procedure given in the acts, both the consents are attained by following somewhat similar steps, which comprise submitting the application form via the online portal of concerned UT PCC/SPCB. The application must be along with the documents/certificates or licenses required under the E-waste Management Rules implementation guidelines prescribed by CPCB. This is followed by the state authorities checking the submitted application.

After this, official government personnel supervise an inspection of the manufacturing plant and make a comprehensive report as per the inspection review. In the end, the consent certificates are granted.

Note: - While applying for Consent to Operate, the e-waste recycler registered under CPCB has to remember that the authorisation process has the additional step of the site inspection conducted by the government officials.

Documents required for consent certificate required by e-waste recycler registered under CPCB

  • PAN Card
  • SSI certificate
  • Aadhaar card
  • Industry Department Certificate
  • Details on channelisation
  • Total open land
  • The project report
  • Water usage breakdown
  • Total constructed area
  • DG specifications
  • The layout/site plan
  • Boiler type, fuel used and quantity
  • Effluent/sewage treatment plant flow diagram
  • Product/by-product list
  • Specifics on air pollution controls
  • Registration proof of unit
  • Raw material list
  • Water bill
  • Consent from the state'sgroundwater authority
  • Factory/Trade license
  • Authorisation letter
  • Municipality or industry license

Hazardous waste authorisation acquired by e-waste recycler registered under CPCB

The registration needed by e-waste recycler registered under CPCB relating to the setting up or transboundary or cross-country movement of hazardous waste is stipulated under HWM Rules, 2008. For authorisation, the recycler of the products, such as Electrical and Electronics Equipment (EEE), must apply under Form 1.

Documents required for submission

The documents compulsory while applying for hazardous waste authorisation are: -

  • CTO
  • Certificate of Incorporation (CIN)/LLP
  • CTE
  • MOA (Memorandum Of Association)
  • AOA (Article of Association)
  • Board resolution for appointing an authorised person
  • Aadhaar card
  • PAN copy
  • Layout plans
  • GST certificate of business
  • Rent/proof of ownership
  • Factory/Trade license

Company license

Documents required by e-waste recycler registered under CPCBfor establishing the company

  • PAN card
  • Address proof such as
    1. Passport
    2. Election or Voter Identity card
    3. Ration card
    4. Driving license
    5. Electricity bill
    6. Telephone bill
    7. Aadhaar card
  • GST registration certificate
  • Residential proof such as
    1. Bank statement
    2. Electricity bill
    3. Telephone bill
    4. Mobile bill
  • AOA (Article of Association)
  • MOA (Memorandum of Association)

 

GST Certificate

Document required for GST Certificate

  • PAN card
  • The Ministry of Corporate Affairs sanctioned Incorporation Certificate
  • MOA
  • AOA
  • Aadhaar card of the applicant
  • Address proof
  • Bank details

 

UdyogAadhaar MSME Registration

For obtaining MSME (Micro, Small and Medium Enterprise) registration, E-waste recyclers registered under CPCB must apply via the authority's online portal and upload the mandated documents. 

Documents needed for MSME registration

  • Applicant'sofficial name
  • Name and type of enterprise
  • Aadhaar card
  • PAN card
  • The NIC code
  • Account details
  • The social category of the applicant
  • The business operations of the enterprise
  • Date of incorporation of a business
  • Details related to employment

 

Trade license by e-waste recycler registered under CPCB

The Municipal Corporation grants a trade license required by e-waste recycler registered under CPCB.The grantdepends on the rules and guidelines set by the state authority. The documents needed for Trade licenses are submitted along with the registration application.

Documents needed for trade license needed by E-Waste Recycler registered under CPCB

  • Aadhaar card
  • Address proof (Electricity bill or water bill)
  • PAN
  • Certification of incorporating (CIN) in case of Companies
  • A latest municipal property tax receipt in case the premises are owned, else lease document or consent letter of the owner of the property where the business is registered.
  • Memorandum of Association (MOA)
  • NOC of the neighbours (nearby property owners)
  • Layout plan/Site plan of the office

 

Authorised documents to be retained by the e-waste recycler registered under CPCB for verification of compliance with collection targets

  • Copy of destruction certificate issued to producers
  • Form-6 e-waste manifest (Pink copy)
  • Form-2 for maintaining records of e-waste handled, dismantled and recycled
  • Weighbridge receipt and pictures of the vehicle showing their registration number as proof of transportation of e-waste
  • E- bay bill
  • Details of different items (category-wise) after segregation
  • Transaction details of funds as proof that dismantled e-waste has been further recycled
  • Authorisation certificate in original
  • Passbook in original
  • Consent to Operate in original

Authorisation under Hazardous and other Wastes (Management and transboundary Movement) Rules, 2016, for disposa

Post compliance requirements

The E-waste Management Rules, 2016, under Rule 13 sub-rule (3), prescribe some of the post-compliance requirements that recyclers have to fulfil after acquiring authorisation. An e-waste recycler registered under CPCB has to apply the respective SPCB.

Furthermore, the recycler is required to maintain records of the e-waste managed and handled in Form 2. S/heis also required to file annual returns of accomplishments of the previous year in Form 3 to the respective SPCB on or before the 30th day of June of every year.

The Central Government and the CPCB may issue rules for performance standards for recycling processes and procedures from time to time.

Penalty and Liability

The e-waste recycler registered under CPCB shall be accountable for all damages caused to the environment or third parties due to inappropriate handling and regulation of the e-waste. Also, the recycler shall be accountable for paying environmental compensation as levied by the authority for any violation of the provisions under these guidelines by the SPCB with the prior approval of the CPCB.

How can Enterclimate help you?

Personalised legal aid

Our legal experts offer help through the process of becoming an e-waste recycler registered under CPCB. 

Aid in annual report filing

We offer comprehensive aid individually catering to your specialised needs. Our team of experts also guide documentation. 

Support on applying for a compliance certificate

Our team of experts also offer thorough service for filing necessary applications.

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