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Regarding prompt and immediate action required for disposal of hazardous
waste- Import or Indigenously generated
Circular No. 60 dated 12th November 1997
Please refer to
Board's letter F. No. 478/ 33/ 96-LC dated 17th September 97. The para 2(i) of
the letter may be read as under:
"In respect
of waste oil, if on sampling, the concentration of Poly-Chlorinated Biphenyl,
Poly-Chlorinated Tripheny1 and Poly-Brominated Bipheny1 is more than 5mg/ 1,
Chlorinated solvents, benzene total Poly Aromatic Hydrocarbons more than 100
mg/1, and heavy metals (arsenic, barium, chromium, copper cadmium, nickel, lead,
zinc) each more than 100mg/1, waste oil can be released to importers on
submission of requisite details in Form- 6 (Hazardous Wastes Rules). In other
cases goods can be released without requirement of Form- 6".
Regarding prompt
and immediate action required for disposal of Hazardous Waste - Import of indigenously
generated
I have been
directed to inform you that the matter concerning disposal of Hazardous Waste
has lately been causing concern to the Board. Hon�ble Supreme Court, who is
already seized of the matter, have also in their interim order observed that
huge quantities of Hazardous wastes are generated in the country each day
insufficient indication of the magnitude of the problems and needs to be tackled
before the damage, likely to be caused, becomes irreversibly.
2. I
view of the foregoing, the matter had been take-up with the Ministry of
Environment & Forests for devising a mechanism for a quick disposal of the
Hazardous waste lying at various ports/ ICDs as also likely to arise in future,
Ministry of Environment & Forests have advised the following measures:
i)
In respect of waste, oil if on sampling, the concentration of poly
Chlorinated Biphenyl, poly-chlorinated Triphyny1 and poly-Biphny1 is 5mg/1,
chlorinated solvents, benzene, total poly Aromatic Hydrocarbons 100
gm/ 1 and heavy metals (arsenic, barium, cadmium, chromium, copper, nickel, lead
zinc) each 100gm/1, waste oil can be released to importers on submission of
requisite details in Form 6 (Hazardous Waste Rules) to the concerned
Commissioner of Customs.
ii) With
regard to battery scrap these could be handed over to actual users with due authorisation.
iii)
With respect to zinc and lead ash, all consignments need to be analyzed.
Based on the composition, if the consignment falls
under category 3 in Schedule 1 to the Hazardous Wastes Rules, these should not
be permitted for release.
3. The
Ministry of Environment & Forests have further advised that under the Basel
Convention, imports/ exports to /from Non-parties is also illegal. They have
also advised that as per existing regulations, imports would be considered
illegal if:
a) The
exporter has not been granted permission by the Ministry of Environment &
Forests;
b) The
importer dose not have a valid 'NOC' from the State Pollution Control Board;
c) The
importer does not have valid licence for imports; and
d) Is
not an actual user and does not have a valid authorisation for handling
hazardous wastes.
4. The
Ministry of Environment & Forests have also cautioned that as per Basel
Convention parties to the convention are required to accept illegal imports back
within a stipulated period of 90 days.
5. In
view of the urgency, as expressed in the preceding para, you are requested to
kindly communicate the action taken to the Board at an early date.
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