IMPLEMENTATION OF HAZARDOUS WASTE (MANAGEMENT & HANDLING) RULES, 1989, AND HAZARDOUS WASTES (MANAGEMENT & HANDLING) AMENDMENT RULES, 2000.

SALIENT FEATURES OF RULES:

• The Hazardous Waste (Management and Handling) rule was notified in 1989 and the same was amended during Jan 2000 & May 2003. These rules are notified under the Environment (Protection) Act, 1986 by Ministry of Environment and Forest , GOI.

ROLES & RESPONSIBILITIES OF POLLUTION CONTROL BOARD

    KSPCB shall grant/refuse authorization to the occupier or operator of  The facility- Rule5

•     KSPCB shall conduct public hearing- Rule8(4)
•     KSPCB shall approve the layout & design of the TSDF- Rule8A

•     KSPCB shall monitor the setting up and the operation of the TSDF- Rule8A(3)

•     KSPCB empowered to levy fine and collect the entire cost of the of the damage caused to the environment by the occupier/operator- Rule 16

ROLES & RESPONSIBILITIES OF STATE GOVERNMENT

• The State Government, operator of a facility or any association of occupier shall identify sites for common hazardous waste disposal facility - Rule8(2)

• The State Government shall approve the sites- Rule8(6)
• The State Government shall acquire the sites for setting up of TSDF- Rule8(7)

ROLES & RESPONSIBILITIES OF OCCUPIER/OPERATOR

• The occupier/Operator of the facility shall have to obtain authorization from KSPCB for collection, storage, transportation, treatment and disposal of Hazardous Waste-Rule 5.
• The occupier or operator of the facility or any association of occupier shall be responsible for  identifying sites for common disposal facility -Rule8(2)
• The occupier or operator of the facility or any association of occupier shall under take EIA study and submit report to the Pollution Control Board - Rule8(3)  

PENAL PROVISIONS: 

• KSPCB is empowered to refuse authorization for non compliance.

• KSPCB is empowered to impose penalties for non compliance in consultations with CPCB, Delhi .

• KSPCB is empowered to file a criminal case for non compliance which attracts punishment up to 5 years imprisonment with or without fine of Rupees One Lakh (Maximum).
• Chairman, Karnataka State Pollution Control Board is empowered to issue closure direction under Sec 5 of Environment (Protection) Act.

AUTHORISATION STATUS:

               Board has taken up inventorisation of hazardous waste generating industries with the assistance of GTZ and the status of the same is given below:

IMPORT OF HAZARDOUS WASTE:

• The Importer shall apply to State Pollution Control Board 120 days in advance.
• Apply for permission to transport Hazardous Waste.

• The SPCB shall examine the application and recommend to MOEF, GOI
• The Ministry of Environment and Forest , GOI is the sanctioning authority.

   QUANTITY OF HAZARDOUS WASTE: