Rules
1989 Hazardous Waste (Management and Handling) Rules, (as amended in 2003)
1989 Manufacture, Storage and Import of Hazardous Chemical Rules
1989 Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules
Hazardous Waste (Management and Handling) Rules, 1989
The Ministry of Environment and Forests (MoEF), Government of India, has notified the Hazardous Waste (Management and Handling) Rules, in July 1989 under the Environment (Protection) Act, 1986. On 6th of January 2000, major amendments in these rules were done with regard to re-defined categories of hazardous wastes and harmonising them with the international environmental laws. Again, these rules have been amended as the Hazardous Wastes (Management and Handling) Amendment Rules, 2003.
The Hazardous Waste (Management and Handling) Rules, 1989 have been instrumental in keeping a check on generation, collection, treatment, transport, storage and disposal of hazardous wastes listed in the schedule annexed to these Rules. The principle thrust of the Hazardous Waste (Management and Handling) Rules, 1989 is that every occupier generating hazardous wastes will do so only with authorization from the State Pollution Control Board (SPCB). The SPCB will grant such authorization only after verifying and satisfying itself that the occupier possesses appropriate facilities, technical capabilities and equipments to handle hazardous waste safely. Rule 8 of the Hazardous Waste (Management and Handling) Rules, 1989, as amended in January 2000, provides for preliminary impact assessment studies to identify possible sites for the disposal of hazardous wastes. Further, there is also requirement to undertake an Environmental Impact Assessment (EIA) of these sites for selecting an appropriate site for hazardous wastes disposal facility.
The implementation of these rules was largely to be effected through the identified agencies, i.e., MoEF, CPCB, SPCBs and the State Government (Departments of Environment). The following responsibilities were assigned to the MoEF, CPCB, SPCBs and State Governments in order to implement the Hazardous Waste (Management and Handling) Rules.
a.Ministry of Environment and Forests (MoEF) : The MoEF is responsible for the implementation and enforcement of the Environment (Protection) Act, 1986 and rules issued under the Act. It is also bound to implement the Hazardous Waste (Management and Handling) Rules, 1989 and the Hazardous Wastes (Management and Handling) Amendment Rules, 2003. Under sections 3 and 5 of the Environment (Protection) Act 1986, the MoEF retains enormous power to issue directions in the interest of environment protection.
The MoEF does not have a specific statutory role under the Hazardous Waste (Management and Handling) Rules in relation to hazardous wastes management within the country. The most significant roles have been assigned by the statute to theSPCBs and the State Governments.
Under the Basel Convention, the MoEF must take steps to ensure the environmentally safe disposal of hazardous wastes generated within the country.
b. Central Pollution Control Board (CPCB):The CPCB is responsible for the overall implementation and monitoring of water and air pollution control regimes in the country under the Water Act, 1974 and the Air Act, 1981. But under the Hazardous Waste (Management and Handling) Rules, 1989, it was not assigned any statutory role in the management of hazardous wastes.
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