What is Hazardous Waste Authorization?
It is made up of two terms Hazardous Waste Authorisation. Hazardous Waste means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances. Authorization is a kind of permission which is issued by concerned state pollution control board/ committee for generation, handling, collection, reception, treatment, transport, storage, reuse, recycling, recovery, pre-processing, utilisation including co-processing and disposal of this Hazardous Wastes, under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Who needs to apply? As per Rule, every occupier of the facility, means a person who has control over the affairs of the factory or the premises, is engaged 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 be required to make an application to the State Pollution Control Board and obtain an authorisation from the State Pollution Control Board In other words, 1. Factory Owners of Hazardous Waste Generating Units 2. Operator of Disposal Facility 3. Operator of Recycling Facility 4. Importer/Exporter of Hazardous Waste Some examples: Printing Industry, Automobile Industry, Paint Industry, Surface Metal Treatment Industry i.e Pickling, Electroplating, Phosphating, Mfg. of Wooden Furniture and using Paint, Varnishing, Cosmetic Industry etc. What documents are required for filing Hazardous Waste Authorization in DPCC? 1. Undertaking in prescribed format 2. Pan Card 3. Aadhar Card 4. Proof of Hazardous Waste Compliances followed 5. Emergency Response Plan 6. Agreement with Authorized Recycler/Actual User/Disposal Facility 7. Technical Details for your generation quantum, category, type handling arrangements Procedure for grant of Authorisation: Step 1: Filling of application with all requisite documents Step 2: Inspection by DPCC Officials (respective State Pollution Control Board Officials) Step 3: Facts submissions Step 4: Grant of authorisation if all things are in order otherwise Show Cause Notice for Non-compliance of Hazardous Waste Rules will be issued and may also levied penalty as per violations observed. Categorization of violations and Financial Penalty in case of Non-Compliance: One should not forget to apply HWM Authorisation if applicable as it may attract heavy fine. Also, proper compliance needs to be followed as prescribed. As per Rule, the occupier, importer or exporter and operator of the disposal facility is liable for all damages caused to the environment or third party due to improper handling and management of hazardous and other wastes. Further, occupier and operator of a disposal facility are also liable to pay financial penalty levied. Violations are further divided in two categories: (i) Category-A (ii) Category-B Category A: Only procedural violations of HOWM Rules, 2016, which has not caused damage to environment or third party. Fine of maximum of Rs. 1 lakh for violation of each provision stipulated under HOWM Rules, 2016 in addition to the environmental compensation. However, where violations of one or several provisions of the said Rules observed, then total financial penalty amount may be arrived by adding up number of provisions violated. Category B: Violations causing environmental damage including procedural violations. In such cases equations prescribed under Guidelines on Implementing Liabilities for Environmental Damages due to Handling & Disposal of Hazardous Waste and Penalty are followed to calculate the amount of penalty/fine. Category B1: Cases where mismanagement of hazardous or other waste has resulted or resulting into environmental damage and such damages liability including assessment of remediation required can be assessed in terms of cost also by applying provisions laid down under CPCB’s “Guidelines on Implementing Liabilities for Environmental Damages due to Handling & Disposal of Hazardous Waste and Penalty”. Category B2: Cases where mismanagement of hazardous or other waste may have caused environmental damage and such damages & remediation required including cost thereof are difficult to assess.
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