Overview of Hazardous Waste Import Authorization

With the production of hazardous waste escalating in today’s globalized society, the handling of the waste has emerged as a most important environmental and a legal concern. Hazardous waste that is categorized as waste that possess characteristics that may have negative impacts on human health and or the environment must undergo careful management throughout the management and disposal process in addition to transportation. Whenever such waste finds its way across borders, specially formulated guidelines and protective measures apply to control its disposal. This paper aims at analyzing one of the components of this regime extending to international control and supervision of the importation of hazardous wastes, which is known whereby Hazardous waste import authorization.

What is meant by Hazardous Waste Import Authorization

Importing authorization of hazardous wastes means the process of granting permission of importing hazardous wastes into a country. Hazardous waste import authorization playing an important role as one of the measures to regulate the import of hazardous materials, which must be transported and disposed of as not to harm the people and the environment. However, it is demonstrated that, due to following strict legal and regulatory provisions, international collaboration, and implementation of laws on hazardous waste generate concerns of many nations and facilitate development of appropriate environment practices. While humankind struggles with problems of hazardous waste to date, rigorous authorization frameworks and rigorous monitoring can only guarantee that the generation and disposal of waste will not endanger the future of the planet.

Advantages of Hazardous Waste Import authorization

• Reduced Pollution: Hazardous waste authorization makes sure that waste is dealt with in a correct manner in order to avoid the pollution of soil, water and air.
• Resource Conservation: Through the control of the manner in which dangerous material is addressed and properly recycled, the above programs support the codes of sustainability.
• Safety Standards: Authorization procedures also limit opportunity for dangerous accidents, splits, and other mishaps since these processes comprise certain safety requirements.
• Compliance Assurance: Firms that get hazardous waste license show that they are operating within the legal requirements of the local, state and federal authorities thereby preventing legal consequence and fines.
• Funding and Grants: In this respect, legal organizations may access government subsidies and funding for sustainable activity and the management of hazardous waste.

Rules and regulations applicable for Hazardous Waste Management

The hazardous waste management and handling rules which were framed in 1989 along with environment protection act 1986, and then after these rules was further amended in the year 2008 and introduced in the name of Hazardous waste (Management, Handling and Transboundary Movement) Rules 2008 and these rules were again amended in 2016 as Hazardous waste (Management, Handling and Transboundary Movement) Rules 2016 are applicable for Hazardous Waste Import Authorization.

Documents required to obtain the Hazardous Waste Import Authorization:

To get the import license, the company needs to get

• A consent letter from the State Pollution Control Board. The whole thing will be governed under Prevention and Control of Pollution Act 1981 and Under the Water Act 1974.
• Certificate of Incorporation in case of a LLP or Company.
• Article of Association
• Memorandum of Association
• Aadhaar copy of the authorized person is required.
• PAN copy of the authorized person is required.
• Board resolution for appointing an authorized person in the case of a private limited company.
• Layout Plans
• GST certificate of the organization taking up the task.
• Rent/ Proof of Ownership of the plot you have your business at.
• Trade License or Factory License.

Procedure for Hazardous Waste Import Authorization

To start a hazardous waste import business, you need to meet several eligibility criteria and follow specific procedures as outlined in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Here are the key points:

1. Application for Import:

• A user who wants to actually import hazardous wastes needs to apply to the Ministry of Environment, Forest and Climate Change (MoEFCC) in Form 5 with necessary documents.
• A copy of the application is required to send the SPCB for information and acknowledgement The application has to produce the acknowledgement given by the SPCCBs submitted to the MoEFCC along with the application.

2. Environmental Compliance:

• The applicant must have clean and essential provisions to deal with any wastes that may be produced by the activities taken.
• The consent from the SPCB for the discharge of Pollutants under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and Authorization under the Hazardous Waste Management Rules.
• Anyone involved in the import of used electrical and electronic assemblies/clients/parts for assembling have to secure an extended producer responsibility under E-Waste (Management and Handling) Rules, 2011.

3. Documentation and Verification:

• Prior to clearing the consignment, customs authorities must verify the documents provided in Schedule VIII of the rules.
• The shipment must be accompanied by a movement document in Form 6 and a test report of the waste from an accredited laboratory in the exporting country.

4. Reporting and Records:

• Importers must maintain records of the imported hazardous and other wastes in Form 3, which should be available for inspection.
• An annual return must be filed with the SPCB by June 30th following the financial year in which the import was made.

5. Additional Requirements:

• Importers must ensure that the imported wastes are fully insured for transit and any accidental occurrences, including cleanup operations.
• Importers must also agree to bear the cost of export and mitigation of damages if any, and the waste must be taken back if not accepted by the importer.

Responsibilities of the occupier for management of hazardous and other wastes

• According to the various laws, an occupier has an obligation to ensure the proper management of hazardous and other wastes that he causes or contributes to. They should adhere to the following procedures for managing hazardous and other wastes: Some of the methods of waste management with regard to it consist of

(a) prevention,

(b) minimization,

(c) reuse,

(d) recycling,

(e) recovery, utilisation including co-processing, as well as

(f) safe disposal.

• The hazardous and other wastes produced and accumulated in an occupier’s establishment must be conveyed in accordance with these rules from an occupier’s establishment to a disposal facility that is owned or operated by an authorised actual user or to an authorised disposal facility
• Identifying the hazardous and other wastes, it is mandatory that they must be sold to or disposed to an authorised actual user or disposal facility.
• Hazardous and other wastes owner/treater who want their wastes treated and disposed at the treatment, storage, and disposal facility should avail any other detail which might be deemed necessary for proper treatment, storage and disposal of the wastes.
• When managing hazardous and other wastes, the occupier must take all necessary precautions to: first, they (a) store contaminants, protect against mishaps and mitigate the impact of such mishaps on people and environment; second, enhance the safety of the workers present in the site by (b) providing the workers with the information, equipment, and education that is required.

Compliances for Hazardous Waste Import Authorization

• It is forbidden to bring hazardous and other trash into India for disposal from any other nation.
• Importing hazardous and non-hazardous garbage from any nation is only allowed for co-processing, recycling, recovery, and reuse.
• The Ministry of Environment, Forests, and Climate Change must grant approval for real users to import hazardous waste listed in Part A of Schedule III, with prior informed consent from the exporting nation.
• The Ministry of Environment, Forests, and Climate Change may provide approval for real users to import additional wastes listed in Part B of Schedule III.
• Other wastes listed in Part D of Schedule III may be imported in accordance with the guidelines provided in Rule 13 and the note that follows the relevant Schedule.
• The importation of any hazardous waste or other materials listed in Schedule VI is prohibited.

Why you should choose Whizseed?

• Whizseed has in-depth knowledge and experience dealing with the complex rules and regulations surrounding hazardous waste.
• Whizseed can assist with other crucial aspects like obtaining consent from SPCBs, ensuring environmental compliance, maintaining records, filing annual returns, and fulfilling all reporting obligations.
• Our services help you avoid potential delays, fines, or legal consequences due to non-compliance.
• We understand that each business has unique requirements. Whizseed provides personalized support, tailoring our services to meet your specific needs.
• With our proven track record and commitment to excellence, you can trust