THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989

The rules also provide that Hazardous wastes shall be collected, treated, stored and disposed off in such facilities as may be authorized for this purpose and that every occupier shall have to apply for an authorization for this purpose to the State Pollution Control Board.

An authorization granted under this rule shall unless sooner suspended or cancelled, be in force for a period of two years from the date of issue or the date of renewal.

The rules also specify that the packaging, labeling and transport of Hazardous wastes shall be in accordance with the provisions of the rules issued by the Central Government and the Motor Vehicles Act and other guidelines issued from time to time.

Import of Hazardous wastes to India is banned under directions of the Hon'ble Supreme Court.

MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES 1989

The manufacture, storage and import of hazardous chemical rules 1989 have been prescribed under the Environment Protection Act 1986. Hazardous chemicals have been listed under schedule - I, II and III of the rules. An industrial activity with reference to these rules includes an operation or process carried out in an industrial installation referred to in schedule-4 of the rules, involving or likely to involve one or more hazardous chemicals and includes on site storage or on site transport which is associated with that operation or process as the case may be or isolated storage or pipeline.

The rules specify that an occupier shall not undertake any industrial activity which involves a quantity of hazardous chemical to which this rule applies, unless he has prepared a safety report on that industrial activity and has sent a copy of the report to the U.P. Pollution Control Board at least 90 days before commencing that activity.

An occupier is also required to prepare and keep up to date an on site emergency plan detailing how major accidents world be dealt with on the site on which the industrial activity is carried on and that plan will include that name of the person who is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency.

The occupier shall also take appropriate steps to inform persons out side the site, either directly or through the District Emergency Authority who are likely to be in the area which may be affected by a major accident about.

• The nature of the major accident hazard
• The safety measures and the Dos and Don'ts which should be adpoted in the event of a major accident.

These steps shall be taken before the authority is commenced. For help see Specialized Services

HAZARDOUS MICROORGANISMS OR GENETICALLY ENGINEERED ORGANISMS.

The Central Government, in exercise of powers conferred on it under the Environment Protection Act, has prescribed, rules for the manufacture, use, import, export and storage of hazardous micro organisms, genetically engineered organisms or cells.

These rules also apply to any substance and products and food stuffs etc. of which such cells, organisms or tissues hereof form parts.

These also apply to new gene technologies and to any new organism / microrganism and cells generated by such technology and to substances and products of which such organisms and cells form parts.

They shall also be applicable to

• sale, offers for sale, storage for the purpose of sale, offers and any kind of handling over with or without a consideration.
• Exportation and importation of genetically engineered cells or organisms.
• Production, manufacture, processing, storage, import, drawing off, packaging and repackaging of the genetically engineered products.
• Production and manufacture etc. of drugs and pharmaceuticals and food stuffs, distilleries, tanneries etc. which make use of microorganisms, genetically engineered microorganisms one way or the other.

Under these rules, amongst other provision, it is also provided that
1. No person shall import, export, transport, manufacture, process, use or sell any hazardous microorganism or genetically engineered organism/substances or cells except with the approval of the Genetic Engineering Approval Committee.
2. Use of pathogenic microorganisms or any genetically engineered organisms or cells for the purpose of research shall only be allowed in laboratories or in side laboratory areas notified by the Ministry of Environment and Forests for this purpose under the Environment Protection Act.
3. Production in which genetically engineered organisms or cells or microorganisms are generated or used shall not be commenced except with the consent of the Genetic Engineering Approval Committee with respect of discharge of genetically engineered organisms or cells in the environment.

ENVIRONMENTAL STATEMENT :

Environmental Statement or Environmental audit is a management tool comprising a systematic, documented, periodic and objective evaluation of how well environmental organization, management and equipment are performing with the aim of helping to safeguard the environment by:

1. Facilitating management control of environmental practices.
2. Assessing compliance with company policies, which would include meeting regulatory requirements.

Like financial audit, environment audit is

• An activity of verification of records.
• A comparison of outputs with expectations.
• An assessment of avoidable errors and waste.

Environmental Audit also includes

• An assessment of risks.
• An investigation into field conditions.
• A study of waste management practices.

A number of industries both in India and abroad have been able to reduce pollution and conserve resources by undertaking environmental audit.

The Central Government, under provisions of the Environment Protection Act 1986 has prescribed the following rule.

Every person carrying on any industry, operation or process requiring consent under Section-25 of the Water (Prevention and Control of Pollution) Act 1974 (6 of 1974) or under section-21 of the Air (Prevention and Control of Pollution) Act 1981 (14 of 1981) or both or authorization under the Hazardous waste (Management and Handling) Rules 1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall submit an environmental audit report for the financial year ending the 31st March in Form V to the concerned State Pollution Control Board on or before the 15th day of May every year, beginning 1993.

IMPORT OF HAZARDOUS CHEMICALS AND WASTES :

Any person responsible for importing Hazardous chemicals in India shall provide at the time of import or with in thirty days from the date of import to the U.P. Pollution Control Board, the information pertaining to

1. the name and address of the person receiving the consignment in India.
2. the port of entry in India.
3. mode of transport from the exporting country to India.
4. the quantity of chemical(s) being imported and complete product safety information.

If the Pollution Control Board is of the opinion that the chemical to be imported is likely to cause a major accident, it may direct the importer to take such steps including stoppage of such imports as it may deem appropriate and the Board will also inform the port authorities to take appropriate steps regarding safe handling and storage of hazardous chemicals while off loading the consignment with in the port premises.

Any person importing hazardous chemicals shall maintain the records of the hazardous chemicals imported and these records shall be open for inspection.

It shall also be ensured by the importer that the transport of such chemicals from the port of entry to the ultimate destination is in accordance to the Central Motor Vehicle Rules 1989 framed under the provisions of the Motor Vehicle Act 1988.

Import of Hazardous waste is completely prohibited.