Overview of Hazardous Waste Management
Industrial Revolution brought a lot of new development to the world, including new inventions, urbanisation etc. But, with this new development and Industrialisation, the never-ending problem of Industrial waste accumulation also started happening worldwide. Because of their hazardous property, these industrial wastes were also referred to as Hazardous Waste.
In India, with a population of 1.3 billion and one-third population living in urban areas, the problem of hazardous waste is increasing day by day, making it very difficult for authorities to tackle the waste of the mountain alone. Consequently, state authorities need to encourage and open the market for Hazardous Waste Management plants.
Hazardous waste is defined by the Ministry of Environment, Forest and Climate Change as “any substance, excluding domestic and radioactive wastes, which because of its quantity and corrosive, reactive, ignitable, toxic and infectious characteristics causes significant hazards to human health or environment when improperly treated, stored, transported and disposed of”. As per this definition, hazardous waste has an irregular chemical composition, which, if not treated scientifically or disposed of in a proper manner, poses a severe threat to both environment and human health.
In India, approximately 51.1 MMT of waste is generated annually, among which around 7.46 MMT the hazardous waste is produced by estimated 43,936 industries. With this much hazardous waste produced, the government enacted the Hazardous Waste (Management and Handling) Rules, 2008, which regulate and ensures the proper Hazardous Waste Management governed by The Ministry of Environment, Forest and Climate Change, Central Pollution Control Board and State Pollution Control Board. These rules also mandate the Hazardous Waste Management Authorization.
Eligibility for Setting up a Hazardous Waste Management Business
Before filing for authorisation for Hazardous Waste Management, the applicant must ensure that the hazardous waste is properly collected, stored, treated or recycled in the facility, which fulfils the provisions mandated under Hazardous Waste (Management and Handling) Rules, 1989. Apart from proper premises and space in accordance with the law, the applicant also has to make sure that he has the proper equipment that is authorised in accordance with the standard operating procedure or other regulations specified by Central Pollution Control Board for properly recycling and managing Hazardous Waste. Furthermore, the unit/plant also requires an expert and knowledgeable workforce to properly handle hazardous waste to lessen the environmental damage caused by them rather than increase it. In India, 88 hazardous waste incinerators are operating with around 220 recycling facilities.
Documents required for Hazardous Waste Management Authorisation
- Consent to establish granted by the concerned State Pollution Control Board the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981) and under the Water (Prevention and Control of Pollution) Act, 1974;
- Consent to operate was granted by the concerned State Pollution Control Board under the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981) and under the Water (Prevention and Control of Pollution) Act, 1974
- GST certificate
- Rent, lease or any other proof of ownership
- Factory or Trade license
- Memorandum of Association
- Article of Association
- Certificate of incorporation in case of company or LLP
- Layout Plan
- Aadhar Card copy and PAN card copy of the applicant
- Electricity bill
Procedure for Obtaining Hazardous Waste Management Authorisation
The application for Hazardous Waste Management Authorisation is filled in accordance with Rule 6 of the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016. The application process includes submission of the form, Review by the authorities and grant of application.
Filing an Application
In order to acquire Hazardous Waste Management Authorization, the applicant have to file Form 1 to the state pollution control board’s official site after creating a registration ID. Form 1 is to be submitted with the required documents.
After receiving the application, the state pollution control board conduct a proper inquiry into the regulations given in the Rules and inspect the document submitted by the Applicant. The inspection can also be in form of a field visit by the authorised personnel.
Grant of license
At last if there is no discrepancies in the application as well as during inspection, the authorisation is granted by state pollution control board accompanied by copy of field visit report.
Categorization of Hazardous Industrial Waste in India
Hazardous Waste in India can be categorised into two categories as per the Hazardous Waste (Management) Rules: -
- Hazardous wastes are generated in India by a variety of sectors. Petrochemicals, pharmaceuticals, pesticides, paint and dye, petroleum, fertilisers, asbestos, caustic soda, inorganic chemicals, and general engineering industries are among India's biggest HW-generating businesses. Heavy metals, cyanides, pesticides, complex aromatic compounds, and other chemicals that are hazardous, combustible, reactive, corrosive, or explosive are found in HW from several industrial industries.
- The imported hazardous industrial waste from foreign countries for re-processing and recycling. These waste can be used raw material by some manufacturers or to merely recover metals.
Authorities Granting Hazardous Waste Management Authorization
In the process of providing hazardous waste management authorization there are many authorities that are involved such as: -
- Ministry of Environment, Forest and Climate Change.
- Directorate General of Foreign Trade;
- Central Pollution Control Board;
- State Pollution Control Board/pollution control committee;
- Port authority and Customs Authority;
Validity of the Authorization
The authorization for hazardous waste management is valid for 5 years. A request for renewal of the authorisation must be made 120 days before the current authorization expires.
How can Enterclimate Assist You?
Our team of legal professionals provides assistance throughout the procedure of acquiring a Hazardous Waste Management Authorisation.
At every stage of your business's establishment, we give comprehensive guidance, from the start till the end.
Enterclimate offers customised solutions to its clients. We ensure that our clients get timely, constructive, and efficient solutions in our every dealings with them.