EHS
Procedure for Grant of Authorization for Management of Hazardous and Other Wastes
Introduction
The management of hazardous and other wastes in India is regulated under The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 which mandates that any facility involved in handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal of the hazardous and other wastes shall obtain authorization from the respective State Pollution Control Board (SPCB). As the problem intensifies, State authorities must actively promote the development of Hazardous Waste Management plants and encourage private sector participation to ensure a sustainable future.
Applicable Provisions
- Section 8 of The Environment (Protection) Act, 1986.
- Rule 6 of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
- 9th Amendment of Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2024.
Mandatory Requirements
Obtaining authorization for hazardous waste management involves submitting several key documents to the relevant regulatory authorities. These include:
- Consent to Establish and Operate- Both consents shall be obtained from the State Pollution Control Board under The Air (Prevention and Control of Pollution) Act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974.
- Certificate of Registration- Issued by the State Pollution Control Board (SPCB), this document validates the business registration.
- Installed Capacity of Plant and Machinery- Proof of installed capacity is also granted by the State Pollution Control Board (SPCB).
Additional documents typically required include the GST certificate, proof of premises ownership or lease, factory or trade license, company incorporation certificates (such as Memorandum and Articles of Association, and Certificate of Incorporation), layout plan of the premises, applicant identity proofs (Aadhar and PAN cards) and recent electricity bills.
Procedure
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Filing the Application
- The Occupier of any facility involved in handling hazardous or other wastes shall apply in Form 1 through the State Pollution Control Board (SPCB) portal.
- The application shall be submitted within 60 days of the rules publication and should include all supporting documents such as:
- Consent to Establish and Operate (under Water and Air Acts)
- Company identification and registration documents.
- Scrutiny and Inspection- Upon receiving a complete application, the SPCB conducts a review which may include:
- Document verification
- Site Inspection to assess facility infrastructure and compliance with CPCB guidelines and Standard Operating Procedures (SOPs)
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Grant of Authorization
- If found satisfactory, the SPCB grants authorization in Form 2 within 120 days which shall be valid for 5 years.
- This authorization is issued along with a copy of the Field Inspection Report.
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Renewal of Authorization
- Renewal applications should be submitted three months prior to expiry along with a self-certified compliance report.
- SPCB verifies adherence to previous conditions before renewal.
Storage Facilities and Recyclers shall follow Schedule IV guidelines and shall also obtain authorization from State Pollution Control Board (SPCB) or the Pollution Control Committee concerned.
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