Authorisation, and the Responsibilities Under the Waste Rules

In one line

An authorisation from the State Board is what makes handling hazardous waste lawful, and it lasts five years.

In the wording a student can write in an examination: under rule 6 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016 the State Pollution Control Board, after satisfying itself that the applicant possesses appropriate facilities, technical capabilities and equipment, grants an authorisation in Form 2 valid for five years subject to conditions, accompanied by a copy of the field inspection report signed by the Board indicating the adequacy of the facilities and compliance with the guidelines or standard operating procedures of the Central Pollution Control Board, and may refuse an authorisation for reasons recorded in writing after a reasonable opportunity of being heard; every authorised occupier must maintain records in Form 3 and submit an annual return in Form 4 on or before 30 June following the financial year; the Board must maintain a register of the conditions imposed, open to inspection during office hours by any interested or affected person; an authorised actual user must maintain a passbook issued by the Board; and rule 7 empowers the Board, after a reasonable opportunity of being heard and for reasons recorded in writing, to suspend or cancel an authorisation and to give directions for the safe storage and management of the waste.

The authorisation, step by step

The application. In Form 1 to the State Pollution Control Board, with the consent to establish and the consent to operate under the Water and Air Acts, and on renewal a self-certified compliance report about effluent and emission standards and the conditions of the existing authorisation.

The Board's satisfaction. Before granting, the Board must satisfy itself that the applicant possesses appropriate facilities, technical capabilities and equipment.

The grant. In Form 2, valid for five years, subject to such conditions as may be laid down.

Commonly recyclable waste. For the wastes in Schedule IV, the guidelines already prepared by the Central Pollution Control Board are to be followed.

Renewal. Before granting a renewal the Board must satisfy itself that there has been no violation of the conditions of the earlier authorisation, and it must record that in the inspection report. So a renewal is not automatic and the inspection report is the record of it.

The field inspection report. The authorisation must be accompanied by a copy of a field inspection report signed by the Board, indicating the adequacy of the facilities for collection, storage, packaging, transportation, treatment, processing, use, destruction, recycling, recovery, pre-processing, co-processing, utilisation, offering for sale, transfer or disposal, and compliance with the guidelines or standard operating procedures of the Central Board.

Refusal. The Board may refuse, for reasons to be recorded in writing and after giving a reasonable opportunity of being heard.