AMITY UNIVERSITY

AMITY LAW SCHOOL

LUCKNOW CAMPUS

Subject – Environmental Law

Topic- Hazardous waste (Management, handling &
Transboundary Movement) rules 2016

Submitted To- Submitted By-

Ms. Shashya Mishra Stuti Jaiswal
A8111118013
B.A-L.L.B(H)
Section A

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Ms. Shashya Mishra
Ma’am who gave me the golden opportunity to do this wonderful project on the topic-
Hazardous waste (Management, handling & Transboundary Movement) rules 2016,
which also helped me in doing a lot of Research and I came to know about so many new
things, I am really thank to them.

Secondly, I would also like to thank my friends who helped me a lot in finalizing this project
within the limited time frame.

THANK YOU

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 INDEX

S. NO. TOPIC PAGE NO.

1. INTRODUCTION 4
2. HAZARDOUS WASTE 5
 What are Hazardous Wastes?
 Why is Hazardous Waste Management
Important?
3. OBJECTIVE OF THE RULE 6
4. MAJOR PROVISIONS 7-8
 Import and Export of Hazardous Wastes
 Treatment, Storage, and Disposal
Facility for Hazardous Wastes
 Packaging, Labelling, and Transport of
Hazardous and Other Wastes
5. REFORMS AND SUGGESTIONS  9-10
 E-Portals for Form Submissions
 Subsidized Rates for Small Quantity
Generators
 Training Provided to Workers
 Stringent Rules 
6. CONCLUSION 11

INTRODUCTION

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The Bhopal gas tragedy, which occurred in 1984, resulted in a large number of deaths,
generations of people being impacted, and environmental concerns, all as a result of
inadequate safety procedures. Over three thousand people died instantly after 42 tons of
Methyl Isocyanate combined with water were released into the environment. The horror of
the event has been passed down the centuries in the soil of the land, the water of the lakes,
and the generations who have survived.

Two years after the event, the Environmental Protection Act went into force, bringing with it
many changes in attitudes about industrial chemicals and the trash they create. Over time,
regulations have been enacted to govern the trash created by businesses, but the dangerous
wastes, also known as hazardous wastes, have only become worse.
Under the provisions of the Environment Protection Act, the Hazardous and Other Wastes
(Management and Transboundary Movement) Rules, 2016 were enacted. The purpose of this
article is to determine their goal and to comprehend the key requirements provided by the
regulations.

HAZARDOUS WASTES

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What are Hazardous Wastes?
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
section 3(17) defines hazardous wastes. Hazardous waste is defined as any waste that poses a
significant risk to human health or the environment.
There are numerous categories of hazardous wastes that have been designated by legislation,
ranging from flammable to highly toxic. As a result, it's critical to know how to recognize
such wastes and how to deal with them, i.e., how to store and handle them.
Analysing the components of these wastes can help identify them. Testing in a lab is also a
possibility, although it may be rather costly.

Why is Hazardous Waste Management Important?

Industrial waste creation, as well as hazardous waste generation, has been on the rise,
particularly in regions like Gujarat and Maharashtra, where industrial growth is booming.
Despite the presence of some standards and regulations, nothing has been done to truly
handle this garbage.
There is a glaring lack of infrastructure and personnel. Gujarat is the biggest producer of
hazardous waste in India, with 7.46 million metric tonnes produced. Several states do not
have hazardous waste treatment, storage, or disposal facilities. As a result, it's critical to
establish certain ground rules for managing the sector at hand.

OBJECTIVE OF THE RULE

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Before disposal, waste management usually emphasizes recycling, reusing, and decreasing
trash. Hazardous waste can also be reused or utilized as a resource for generating energy in
specific instances, such as when it is used to recover a component or as a raw material for
certain recycling operations. Material recovery can include things like utilizing fly ash as
alternative source material for cement or recovering copper from cable leftovers. On the other
side, energy recovery involves the use of these hazardous wastes as fuels, particularly in the
cement industry. Furthermore, reducing hazardous waste benefits both human health and the
ecosystem as a whole. This is why hazardous waste management is being given so much
importance, especially in recent years. 

Furthermore, in recent decades, there have been numerous incidents of chemical and
hazardous waste being deposited in water bodies or huge amounts in landfills, causing soil
degradation as well as toxic emissions into water bodies. This is bad for the ecosystem, as it
pollutes the air, water, and land, as well as any living animals that eat them. Inhaling or
ingesting such poisons in any form causes a variety of health problems.

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
encourage hazardous waste generation reduction as well as recycling and reuse. They also
establish rigorous rules for hazardous waste import and export, as well as storage and transit,
to ensure optimal waste management in terms of waste transportation, storage, and disposal.
Some hazardous wastes, for example, are prohibited from being imported under the Rules. If
an import is determined to be unlawful, the importer must re-export the trash at his own
expense within 90 days of its arrival in India.

As a result, these guidelines are intended to safeguard both the general environment and those
who come into touch with hazardous waste and are at a higher risk of being exposed to it.

MAJOR PROVISIONS

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The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016,
clearly outline the method for hazardous and other waste management. The responsibilities of
those in charge of these wastes in a specific industry, as well as the State Departments of
Industry and Labor, are clearly defined.

Import and Export of Hazardous Wastes

A key thing to remember about hazardous waste import and export across nations is that,
according to the 2016 guidelines, no country can export hazardous waste to India for final
disposal. This means that India exclusively imports hazardous wastes for recycling, reuse, or
other purposes.
In some situations, such as the import of old electrical and electronic parts, many licenses
from the Ministry of Environment, Forest, and Climate Change are necessary. Hazardous
waste imports can need a license from the Directorate General of Foreign Trade. Permission
may be granted after the application provided the importer has ecologically sound facilities
and sufficient waste treatment procedures. The guidelines also outline the process for
bringing hazardous waste into and out of India.

Treatment, Storage, and Disposal Facility for Hazardous Wastes

The 2016 guidelines spell out exactly how the treatment, storage, and disposal facility should
be built. The process for doing so is outlined below.
The Central Pollution Control Board has issued recommendations for the facility's
construction. In this case, permission from the State Pollution Control Board is necessary for
the layout. The State Pollution Control Board is also obliged to oversee the facility's
construction and functioning regularly.
The identification of a site for the establishment of the facility is the responsibility of:
 State Government, or 
 the person who controls the affairs of the factory, specifically those related to the
hazardous and other wastes, or 
 the operator of the facility. 
The Central Pollution Control Board also establishes guidelines that the operator or occupier
of a facility must follow to guarantee safe functioning, both during and after its usage.

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Certain documents given with the guidelines must be updated with information about the
types of hazardous waste kept in a facility, which is necessary for obtaining government
licenses.

Packaging, Labelling, and Transport of Hazardous and Other Wastes

Hazardous waste packaging and labelling is an important stage in a facility's operation.

Because hazardous wastes might react when they come into contact with one another, it is
necessary to segregate them. The separation of acid and basic compounds, for example, is a
simple illustration of this.
For packaging and labelling, the Central Pollution Control Board has established detailed
rules.
Hazardous waste transportation, on the other hand, is a huge issue in and of itself. Because
the chemicals might range from reactive to deadly, it's critical to keep them contained and
transfer them safely.
The transportation of hazardous waste is governed by the following:
 The rules as under the Hazardous Waste Rules, 2016
 The Motor Vehicle Act of 1988
 Any further guidelines issued by the Central Pollution Control Board
If the trash is to be transferred to a facility in another state for final disposal, the sender must
obtain a "No Objection Certificate" from the State Pollution Control Board of both
jurisdictions. Several other criteria apply to specific situations, as well as a colour scheme
that is utilized in the Manifest system.
The Manifest System is used to transport hazardous waste and comes in seven different
colours, each indicating a different code. This method aids in determining the purpose of the
particular mode of transportation.
There is a lot of paperwork involved in the transportation of hazardous waste materials and
although it is tedious, it is extremely essential to ensure that the transport is carried out with
due care.

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REFORMS AND SUGGESTIONS 

Several reforms have already been implemented, such as the Amendment of the Hazardous
and Other Wastes (Management and Transboundary Movement) Rules, 2016, which was
completed in 2019. The 2019 Amendment has only simplified the severe requirements that
may obstruct the industry's overall operations.

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016,
however, may not be enough to regulate the sector because they simply outline the
procedures that must be followed. Apart from the aforementioned regulations, little steps
have been taken to guarantee that the processes are followed, and because the penalties are
not well-defined, the rules are frequently disregarded or poorly implemented. The following
are some recommendations for improving the present rules:

E-Portals for Form Submissions

Even now, though, the paperwork and time required to get approvals are quite strict. Waste
management is unquestionably an activity that necessitates the use of safeguards and safety
measures. The numerous forms and constant need for approval, on the other hand, may
obstruct an organization's overall functioning.

Maintaining records is, of course, critical, especially in situations involving hazardous

substances. However, it would be ideal if the process moved faster on its own. Creating
online portals might potentially save both parties time and effort.

Subsidized Rates for Small Quantity Generators

Another difficulty is the financial resources necessary for trash testing. This occurs when a
company has to test the trash it produces to see if it is dangerous or not. The problem here is
that waste testing is extremely expensive. There is no specific testing technique that can be
done at reduced rates, such as for Small Quantity Generators. Tiny Quantity Generators are
facilities that produce small amounts of trash, as the name implies.

Training Provided to Workers

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In most situations, using the schedules provided in the Dangerous and Other Wastes
(Management and Transboundary Movement) Rules, 2016, it is simple to determine whether
or not the waste in issue is hazardous. However, testing may become necessary in particular
circumstances, posing a challenge for organizations that cannot afford it.
As a result, it would be beneficial if the government could provide testing to SQGs and other
small businesses at subsidized rates.

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016,
stipulate those personnel receive sufficient training both during their on-the-job training and
outside of it. These are outlined as rigorous standards in the rules. The operators and those
who manage hazardous waste responsibilities in a plant, on the other hand, are in charge of
providing training.

Hazardous Waste Worker Training is offered by the National Institute of Environmental

Health Sciences in the United States. If such training and programs are supplied by the
appropriate authorities, the training delivered in Indian facilities may be standardized and
made easy to adjust following norms and technological developments.
It may be difficult to administer the same on a wide scale. Trial attempts on a modest scale,
on the other hand, might give information for future programs and choices.

Stringent Rules 

The 2016 regulations are necessary to guarantee that hazardous trash is handled properly. The
issue of the Rules being too strict, on the other hand, is fairly apparent. The following
recommendations, such as the creation of an online portal, maybe quite beneficial because
they would make accessing these forms much easier. Providing staff with training will also
aid in meeting the needed requirements.

It is obvious that when it comes to hazardous waste management, strict standards are a must
because of the repercussions if they are not correctly handled. Using quicker gateways, such
as e-portals, to channel messages between concerned authorities and facility operators might
make life a bit simpler for the sector. Overall, the 2016 regulations are adequate for
controlling the management of hazardous waste operations. It is now critical to guarantee that
the training offered, waste testing, and, most importantly, the execution of the regulations is
all improved.

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CONCLUSION

In 2019, the Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016, were revised, streamlining procedures and easing some criteria for authority
consent. Future revisions may bring more relaxation and improvements, which can be hoped
for.

On the 7th of May, 2020, there was a gas leak in Visakhapatnam (Vizag). Within two days of
the breach, 11 individuals died as a result of the gas, and at least a thousand people were
exposed to the gas. The leak was styrene gas, which knocked individuals’ unconscious in the
vicinity of the facility. The incident occurred at the LG Polymer factory in Gopalapatnam. On
the same day, approximately 300 patients were hospitalized to the hospital and around 3000
people were evacuated. The leak was almost certainly caused by storing the gas at an
incorrect temperature. The firm told the authorities in May 2019 that it had been operating
without a legal environmental clearance for over 20 years. These guidelines were designed to
guarantee that the proper processes are followed to avoid such terrifying events.

In the matter of The Commissioner of Customs vs M/S City Office Equipment on April 25,
2019 (Madras High Court), the Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016 were implemented concerning the import of wastes.
There was an issue with the import since one of the processes was not followed. This is why
it is critical to understand and adhere to the processes.

Waste management is an ever-increasing problem that has the potential to have a significant
impact on the environment and its circumstances. Furthermore, hazardous trash has an impact
on the people who live nearby and must be handled with caution. It is critical to have well-
informed employees who are aware of the regulations and their rights to protect themselves
and receive government assistance in the event of any inconsistencies. Following technical
developments in the area, waste management rules must be updated regularly. It is also
critical to assess training programs connected to technological advances and to keep
employees informed about them.

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