Authorization for Import of Hazardous Waste

Hazardous waste can be harmful for both humans and environment if it is not handled or disposed of properly. Therefore there is a need for well-organized hazardous waste management. Hazardous waste are non-biodegradable, persistent in the environment and can be dangerous. A proper hazardous waste management includes collection, recycling, treatment, disposal and transportation of wastes. For such process, proper authorization is required from the authority. Moreover, if any individual wishes to import hazardous waste, then he needs to take authorization from the concerned authority.

Meaning of Hazardous Waste

Hazardous waste can be in the form of solids, liquids or contained gases. Primarily these are generated by chemical production, manufacturing and other activities. Hazardous waste can be classified based on their different properties like biological, chemical and physical. These properties generate materials that can be toxic, reactive, ignitable, infectious, corrosive or radioactive.

Hazardous Waste Management Rules

Hazardous Waste Management Rules have been notified to ensure secure handling , generation, processing, treatment, import, package, storage, transportation, reprocessing, collection, conversion, and offering for sale, destruction and disposal of Hazardous Waste. The Rules lay down corresponding duties of different authorities likeMoEF, CPCB, State/UT Govts., SPCBs/PCCs, DGFT, Port Authority and Custom Authority while State Pollution Control Boards/ Pollution Control Committees have been entrusted with broader responsibilities touching across almost every aspect of Hazardous wastes generation, handling and their disposal.

Import of Hazardous Waste

Any individual who wishes to import hazardous waste, needs to take authorization from the appropriate authority (MoEF/SPCB). The list of hazardous waste that can be imported with prior informed consent and without such consent is explained below.

Import of Hazardous Waste with Prior Informed Consent

• Metal and metal bearing waste and waste that comprises of alloys of- Antimony, Cadmium, Lead, Tellurium.
• Waste with constituents such as, Antimony compounds, cadmium compounds, Lead compounds, Tellurium compounds.
• Waste with metal carbonyls.
• Galvanic sludge.
• Wastes Liquors from the pickling of metals.
• Leaching residues from zinc processing, dusts and sludges like jarosite, hematite etc.
• Waste Zinc residues
• Waste Lead acid batteries whole or crushed.
• Unsorted waste batteries excluding mixtures of List B batteries.
• Waste Electrical & electronic assembles or scrap containing, component
• Wastes containing principally inorganic constituents, which can contain metals & organic materials.
• Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plates, beams, rods etc.).
• Molybdenum, tungsten, titanium, niobium, tantalum and rhenium metal and metal alloy waste in metallic dispersible form (metal powder).
• Mixed non-ferrous metal, heavy fraction scrap with cadmium, antimony, lead and tellurium.
• Precious metal bearing residues in the form of solids with traces of inorganic cyanides.
• Wastes from mining operations in non-dispersible form.
• Glass wastes in non-dispersible form.
• Calcium fluoride sludge.
• Metal and metal-alloy waste in metallic, non-dispersible form- Precious metals, iron and steel scrap, nickel scrap, aluminium scrap, Zinc scrap, tin scrap, molybdenum scrap, tungsten scrap, tantalum scrap, cobalt scrap, bismuth scrap, zirconium scrap, manganese scrap, titanium scrap, germanium scrap, hafnium scrap, niobium scrap, rhenium scrap, gallium scrap, magnesium scrap, copper scrap, chromium scrap.
• Used electrical and electronic assemblies that are imported for repair and to be re-exported back once repairing is done within one year of import.
• Used electrical and electronic assemblies that are imported for test, research, project work purposes and to be re-exported back in three years from the date of import.
• Used electrical and electronic assemblies that are imported by airlines for aircraft maintenance and remaining on board or under the custodianship of respective airlines warehouses located on the airside of custom bonded areas.
• Paper, paperboard and paper product wastes.
• Used multifunction print and copying machines.

Procedure for Import of Hazardous Waste

The Ministry of Environment and Forests is the nodal ministry that deals with the movement of all hazardous materials. Import of hazardous wastes from a country to India for disposal purposes shall not be allowed, but it is allowed for recycle, reuse, recovery and co-processing purpose and authorization for import of hazardous wastes can be obtained by actual user and trader.

In order to import hazardous waste for recycling-

• A recycler with a license from the state pollution control board to recycle such material and who has sought to import such material needs to apply to the respective state pollution control board in advance.
• The state pollution control board will forward the application with recommendations and requisite stipulations for the safe transport, and processing within 30 days of receipt of the application.
• The state government will grant the NOC for import provided that the importer submits a valid informed consent letter with authenticated copy o from the concerned authority of the exporting country.
• For such certification, an actual user like recycler or trader both are eligible. On the basis of such certification provided by MOEF/SPCB, a trader can start importing the metal scrap or ferrous and non-ferrous scrap in India and can trade to recycler.

Please note that the following items have been prohibited from import-

• Waste edible fats and oil of animals, or vegetable origin;
• Household wastes;
• Critical care medical equipment;
• Solid plastic wastes;
• Waste electrical and electronic assemblies scrap;
• Other chemical wastes.

Validity of Authorization for Import of Hazardous Waste

The certificate of Authorization for Import of Hazardous Waste shall be valid for 5 years.

Compliances for Import of Hazardous Waste

If import involves any used electrical and electronic assemblies or any components listed under Schedule I of the e-waste (Management and Handling) Rules, the importer should get extended producer responsibility authorization according to the procedure under e-waste rules. The importer of the hazardous waste needs to maintain a record of wastes imported by him in Form 3, which should be made available whenever required. Further, the importer should also file annual return in Form 4 to the state pollution control board.

How can we assist you?

We at Corpbiz will help you obtain the authorization for import of hazardous waste from the Ministry of Environment and Forest for proper management of hazardous wastes. Contact Corpbiz today!