Hazardous Materials (Management, Handling and Transboundary ...

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Schedule shall be allowed for imports to actual users licensed by Central PollutionControl Board for its reuse, recycling or reprocessing under these rules.(2) The hazardous materials listed as hazardous wastes in Part A and B ofSchedule III or which exhibit one or more hazard characteristics specified in PartC of that Schedule shall be regulated for imports and exports.(3) All hazardous materials listed in Part B of Schedule III not containing orcontaminated with hazardous materials specified in Part B of that Schedule andwhich exhibit one or more of the hazard characteristics specified in Part C of thatSchedule are safe for recycling shall be free for import and export;(4) All hazardous materials listed in Part B of Schedule III containing orcontaminated with hazardous materials of Schedule I or Schedule II or Part A ofSchedule III and which exhibit one or more hazard characteristics specified in PartC of Schedule III and are recyclable shall be allowed for imports for recycling byunits having a valid license for recycling under rule 12 of these rules. Such importshall require a Prior Informed Consent in writing from the importing country’scompetent authority. All exports of such hazardous materials mentioned in subrules4 shall also require Prior Informed Consent in writing for such exports.(5) The import of hazardous materials listed in Part A and B of Schedule IIIwhich are containing or contaminated with hazardous materials and which exhibitone or more hazards characteristics specified in Part C of that Schedule and arenot safe for recycling or reuse shall be considered as hazardous waste and shallnot be permitted for imports in any circumstances.(6) The Schedule IV containing “list of hazardous materials for recycling,reprocessing and reuse” is only an indicative list of hazardous materials suitablefor recycling, reprocessing and reuse and in case any other hazardous material isproposed to be imported the Ministry of Environment and Forests shall determinewhether the hazardous material is a waste, in that case the same shall not beallowed to be imported and in case the hazardous material is not a waste, it maybe allowed in accordance with the provisions of these rules.(7) The import of hazardous materials listed in Schedule V shall not bepermitted.7. Illegal Traffic.- (1) The export of hazardous wastes from India shall bedeemed illegal:(i) if it is without permission of the Central Government; or(ii) if the permission has been obtained through falsification, misrepresentationor fraud; or(iii) it does not conform to the shipping details provided in the notificationand movement document;6
(2) Import of hazardous wastes shall not be permitted and any such importshall be treated as a case of illegal traffic.(3) In case of illegal import of hazardous wastes the importer shall re-exportthe waste in question within a period of thirty days from the date of its arrival intoIndia.CHAPTER - IIIPROCEDURES FOR IMPORT AND EXPORT OF HAZARDOUS MATERIALS8. Procedure for export of hazardous wastes from India.- (1) Anexporter shall communicate in Form 1 to the Central Government in the Ministryof Environment and Forests of the proposed transboundary movement ofhazardous wastes together with the Prior Informed Consent in writing from theimporting country and a legal bond or full cover insurance policy for theconsignment.(2) On receipt of such documentation, after authentication of the same, theCentral Government shall give a ‘No Objection Certificate’ to the proposed exportand may impose conditions as it may consider necessary.(3) The Central Government, shall forward a copy of the ‘No ObjectionCertificate’ granted, to the Central Pollution Control Board, the concerned StatePollution Control Board, Pollution Control Committee of the UT and the concernedPort and Customs authorities for ensuring compliance of the conditions if any ofexport and to take appropriate steps for safe handling of the waste shipment.(4) The exporter shall ensure that no consignment is shipped before the ‘NoObjection Certificate’ is received.(5) The exporter shall also ensure that the shipment is accompanied with theMovement Document, Form 2.9. Procedure for Export of Hazardous materials requiring PriorInformed Consent. - (1) The exporter of hazardous material shall apply at leastninety days in advance in Form 1 to the Central Government in the Ministry ofEnvironment and Forests, seeking permission for the proposed export andtransboundary movement.(2) The Central Government, on receipt of the Form 1 accompanied by PriorInformed Consent in writing from the importing country and a test report from anaccredited laboratory of analysis of the hazardous material consignment inquestion shall, after due verification of the facts, grant permission for export byissuing ‘No Objection Certificate’ in Form-1.(3) The exporter shall ensure that no consignment is shipped prior to therequisite authentication being received.7
Page 1 and 2: [To be published in the Gazette of
Page 3 and 4: (f)(g)(h)(i)(j)(k)(l)“exporter”
Page 5: (ze)(zf)(zg)“storage” means sto
Page 9 and 10: (6) The Port and Custom authorities
Page 11 and 12: (4) The Central Pollution Control B
Page 13 and 14: obtain ‘No Objection certificate
Page 15 and 16: (1) The Hazardous Wastes (Managemen
Page 17 and 18: SCHEDULE - II[See rule 3(k) & (l)]L
Page 19 and 20: C4C5C6C7C8C9C10C11C12C13C14C15C16C1
Page 21: Basel No. Description of hazardous
Page 25 and 26: Basel No.B1110B1120Description of h
Page 27 and 28: Basel No. Description of hazardous
Page 29 and 30: Basel No. Description of hazardous
Page 31 and 32: UN Class 1 Code Characteristics5.2
Page 33 and 34: [See rule 6]Hazardous Wastes Prohib
Page 35 and 36: Schedule - VI[ See rule 12]LIST OF
Page 37 and 38: FORM - 1[See rules 8, 9 & 10 ]Trans
Page 39 and 40: List of abbreviations used in the M
Page 41 and 42: Signature:26. COUNTRY OFIMPORT/DEST
Page 43 and 44: Signature of Carrier'srepresentativ
Page 45 and 46: R5 Recycling/reclamation of other i
Page 47 and 48: FORM - 3[See rule 10 ]Application f
Page 49 and 50: 6. Break-up of the imported materia
Page 51 and 52: FORM - 5[See rules 13 & 14 ]Form of
Page 53 and 54: FORM − 6[see rules 14]Form for Fi
Page 55 and 56: FORM-8[See rule 19]Transport Emerge
Page 57 and 58:
FORM − 10[see rule 21]Form for Fi
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