Rules Governing the Transboundary Movement of Hazardous Waste | Hazardous Waste Rules | Enterclimate

Описание: Quick industrialisation in the last few years has resulted in the exhaustion of natural resources and a rise in pollution in India. In addition, industrialisation has also resulted in vast heaps of hazardous waste posing a threat to the environment and human health. Thus, systematic disposal and scientific treatment of the produced waste are unavoidable. This led to the introduction of effective rules governing the transboundary movement of hazardous waste. These guidelines are stipulated under the Hazardous Wastes (Management, Handling and Transboundary Movement) (HWM) Rules drafted by MoEF&CC (Ministry of Environment, Forest and Climate Change).

The HWM Rules For Governing Transboundary Movement Of Hazardous Waste
The HWMrules came into effect to guarantee safe –
• Generation;
• Handling;
• Treatment;
• Processing;
• Storage;
• Package;
• Use reprocessing;
• Transportation;
• Collection;
• Conversion;
• Offering for sale;
• Disposal; and
• Destruction of Hazardous Waste.

Basel Convention To Control Transboundary Movements Of Hazardous Wastes And Disposal
The first inclusive attempt at regulating hazardous waste came from the Basel Convention. This was introduced to control disposal and govern the transboundary movement of hazardous waste. The Convention was adopted on 22nd March 1989 by the Conference of Plenipotentiaries in Basel, Switzerland.
The Basel Convention aims to–
• Restrict the transboundary movements of hazardous wastes except where it is supposed to be complying with the ethics of environmentally sound management;
• Reduce hazardous waste generation and promotion its environmentally sound management at the place of disposal; and
• Form a regulatory system applying to cases where transboundary movements are allowed.

The roles and responsibilities as per the rules

As per the rules governing the transboundary movement of hazardous waste, the occupier, operator and exporter or importer of the disposal facility stands responsible for all damages caused to the third party or environment because of improper management and handling of the hazardous and other waste.

Every occupier engaged in the generation, handling, collection, packaging, storage, transportation, treatment, use, recycling, processing, recovery, pre-processing, utilisation, offering for sale, co-processing, disposal, or transfer of the hazardous and other wastes must apply in Form 1 to the SPCB. This must be done to obtain the authorisation mandated by the rules governing the transboundary movement of hazardous wastes. The authorisation must be obtained within sixty days from the date of the rule's publication.

The strategy for (export and import) transboundary movement of hazardous and other wastes

Importing hazardous and other wastes from any nation is allowed only for recovery, recycling, and utilisation, including co-processing and reuse.
No transboundary movement of hazardous wastes (import) from any nation to India for disposal will be allowed.

According to the rules governing the transboundary movement of hazardous waste, no import of the hazardous wastes specified in Schedule VI is allowed.

The import and export of hazardous wastes not mentioned in Schedule III but displaying the hazardous characteristics must have prior written permission from the MoEF&CC before its transboundary movement from India.

Transportation of hazardous wastes

The occupier must update the transporter with the appropriate information in Form 9.

The transboundary movement of hazardous waste must be according to these rules and the guidelines by the CPCB and the norms by the Central Government under the Motor Vehicles Act, 1988.

In the case of transporting hazardous waste for final disposal to an establishment located in a state other than where the waste is produced, the sender must get a ‘No Objection Certificate from the SPCBs of both states.

In case of transboundary movement of the hazardous waste, the responsibility of safe transport must be either of the receiver or sender whosoever arranges the transport and holds the necessary authorisation from the specific SPCB.

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