INTRODUCTION

What is Hazardous Waste?

“Waste" means materials, that are not products or byproducts, for which the
generator has no further use for the purposes of production, transformation or
consumption. Wastes are the materials that may be generated during, the
extraction of raw materials, the processing of raw materials into intermediates
and final products, the consumption of final products, and through other human
activities and excludes residuals recycled or reused at the place of generation.
Byproduct means a material that is not intended to be produced but gets
produced in the production process of intended product and is used as such.

The primary purpose for a hazardous waste definition is to help the stakeholders
establish whether waste is hazardous or potentially hazardous. As per
Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016:

“Hazardous waste” means any waste which by reason of characteristics such as

physical, chemical, biological, reactive, toxic, flammable, explosive or
corrosive, causes danger or is likely to cause danger to health or environment,
whether alone or in contact with other waste or substances and shall include:

 Wastes specified in column (3) of Schedule-I.

 Wastes having equal to or more than the concentration limits specified for
the constituents in Class A and Class B of Schedule-II or any of the
characteristics as specified in Class C of Schedule II.
 Wastes specified in Part-A of Schedule-III in respect of import or export
of such wastes or the wastes not specified in Part A but exhibits
hazardous characteristics specified in Part-C of Schedule-III

The possible effects of hazardous waste are uncertain and vary greatly,
depending on the nature and volume of the substance and the receiving
environment. However, if managed improperly, the possible effects from
toxic and hazardous substances on humans, animals and plants include: “…
mortality; adverse effects on reproduction; causing cancer; causing
deformities and genetic mutations; causing other diseases; accumulation in
the environment and living tissue (this may have consequences in the food
chain); indirect effects on ecosystems”.
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HAZARDOUS WASTE CLASSIFICATION & OPERATOR
REQUIREMENTS
Waste is considered a hazardous waste based on properties that make it
potentially dangerous or harmful to human health or the environment. It can
be a liquid, solid, contained gases, or discarded unused commercial product,
or discarded used material.

Various characteristics have been defined under Class 'C' of Schedule II and
Part 'C' of Schedule III of Hazardous and Other wastes, Rules, 2016. Waste
is considered hazardous if it shows one or more some of the following
characteristics:

Flammable or Ignitable: A waste exhibits the characteristic of flammability

or ignitability if representative sample of the waste has any of the following
properties, namely:-

1) Flammable liquids, or mixture of liquids, or liquids containing solids

in solution or suspension (for example, paints, varnishes, lacquers, etc;
but not including substances or wastes otherwise classified on account
of their dangerous characteristics), which give off a flammable vapour
at temperature less than 60°C.
2) This flash point shall be measured as per ASTM D 93-79 closed-cup
test method or as determined by an equivalent test method published
by Central Pollution Control Board.
3) It is not a liquid and is capable, under standard temperature and
pressure, of causing fire through friction, absorption of moisture or
spontaneous chemical changes and, when ignited, burns vigorously
and persistently creating a hazard.
4) It is an ignitable compressed gas.
5) It is an oxidizer and for the purposes of characterisation is a substance
such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that
yields oxygen readily to stimulate the combustion of organic matter.
6) Easily catches on fire. Examples include: petroleum products,
pesticides, solvents, etc.
 Corrosive: A waste exhibits the characteristic of corrosivity if a
representative sample of the waste has either of the following properties,
namely:-

1) It is aqueous and has a pH less than or equal to 2 or greater than or

equal to 12.5;
2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35
mm per year at a test temperature of 55 °C;
3) It is not aqueous and, when mixed with an equivalent weight of water,
produces a solution having a pH less than or equal to 2 or greater than
or equal to 12.5;
4) It is not a liquid and, when mixed with an equivalent weight of water,
produces a liquid that corrodes steel (SAE1020) at a rate greater than
6.35 mm per year at a test temperature of 55 °C.

Note: For the purpose of determining the corrosivity, the Bureau of Indian
Standard 9040 C method for pH determination, NACE TM 01 69 : Laboratory
Corrosion Testing of Metals and EPA 1110A method for corrosivity towards
steel (SAE1020) to establish the corrosivity characteristics shall be adopted.

Causes deterioration, etching, or eating away of body tissue and other surfaces
that it touches. Examples include: acids & alkalis.

Toxic- A waste exhibits the characteristic of toxicity, if, :-

1) The concentration of the waste constituents listed in Class A and B

(of this schedule) are equal to or more than the permissible limits
prescribed.
2) It has an acute oral LD50 less than 2,500 milligrams per kilogram.
3) It has an acute dermal LD50 less than 4,300 milligrams per
kilogram.
4) It has an acute inhalation LC50 less than 10,000 parts per million
as a gas or vapour
5) It has acute aquatic toxicity with 50% mortality within 96 hours for
zebra fish (Brachidanio rerio) at a concentration of 500 milligrams
per litre in dilution water and test conditions as specified in BIS
test method 6582 – 2001.
 6) It has been shown through experience or by any standard reference
test- method to pose a hazard to human health or environment
because of its carcinogenicity, mutageneticity, endocrine
disruptivity, acute toxicity, chronic toxicity, bio-accumulative
properties or persistence in the environment.

Toxic: Poisonous and may cause injury or death if swallowed, inhaled, or

absorbed through the skin. Examples include: insecticides, paints, heavy metals.

Reactive or explosive- A waste exhibits the characteristic of reactivity if a

representative sample of the waste it has any of the following properties,
namely:-

1) It is normally unstable and readily undergoes violent change without

detonating;
2) It reacts violently with water or forms potentially explosive mixtures with
water;
3) When mixed with water, it generates toxic gases, vapours or fumes in a
quantity sufficient to present a danger to human health or the
environment;
4) It is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapours or
fumes in a quantity sufficient to present a danger to human health or the
environmental;
5) It is capable of detonation or explosive reaction if it is subjected to a
strong initiating source or if heated under confinement;
6) It is readily capable of detonation or explosive decomposition or reaction
at standard temperature and pressure;
7) It is a forbidden explosive.

Reactive: Reactive wastes are unstable under normal conditions. They can
cause explosions or release toxic fumes, gases, or vapors when heated,
compressed, or mixed with water. Examples include: phosphorous, sodium
metal.
Substances or Wastes liable to spontaneous combustion - Substances or
Wastes which are liable to spontaneous heating under normal conditions
encountered in transport, or to heating up on contact with air, and being then
liable to catch fire.

Substances or Wastes which, in contact with water emit flammable gases-

Substances or Wastes which, by interaction with water, are liable to become
spontaneously flammable or to give off flammable gases in dangerous
quantities.

Oxidizing - Substances or Wastes which, while in themselves not necessarily

combustible, may, generally by yielding oxygen cause, or contribute to, the
combustion of other materials.

Organic Peroxides - Organic substances or Wastes which contain the bivalent

O−O structure, which may undergo exothermic self-accelerating decomposition.

Poisons (acute) - Substances or Wastes liable either to cause death or serious

injury or to harm human health if swallowed or inhaled or by skin contact.

Infectious substances - Substances or Wastes containing viable micro-

organisms or their toxins which are known or suspected to cause disease in
animals or humans.

Liberation of toxic gases in contact with air or water - Substances or Wastes

which, by interaction with air or water, are liable to give off toxic gases in
dangerous quantities.

Eco-toxic- Substances or Wastes which if released, present or may present

immediate or delayed adverse impacts to the environment by means of
bioaccumulation or toxic effects upon biotic systems or both.

Capable, by any means, after disposal, of yielding another material, e.g.,

leachate, which possesses any of the characteristics listed above.

Note: Products can show more than one characteristic, for example wastes from
dyes & dye intermediate, distillation residues may be toxic, flammable and
corrosive. In such cases, one need to put symbol for the most predominant
constituent in the waste.
IMPORTANCE OF HAZARDOUS WASTE
 Industrial waste generation and the generation of hazardous waste with it
have been increasing especially in states such as Gujarat and Maharashtra
where industrial development is on the rise. However, not much has been
done to actually treat this waste despite the existence of certain rules and
regulations.
 There is a clear absence of adequate infrastructure and staff. India
produces approximately 7.46 million metric tonnes of hazardous waste
with Gujarat as the leading contributor. There are several states that do
not have their own hazardous waste treatment, storage and disposal
facilities. This is why it becomes important to set certain rules to manage
the industry at hand.

OBJECTIVE OF HAZARDOUS WASTE

 Waste management generally encourages recycling, reusing and reducing
waste before the disposal stage. Hazardous waste, too, in some situations
can be reused or used as a material for generating energy by using it to
recover a component or act as a raw material for certain recycling plants.
For example, using fly ash as an alternative raw material for cement
making or recovering copper from cable residues are both part of material
recovery. Energy recovery on the other hand is using these hazardous
wastes as fuels, especially in the cement industry. Moreover, the
reduction of hazardous waste is beneficial to both health as well as the
environment at large. This is why hazardous waste management is being
given so much importance, especially in recent years.

 Moreover, there have been several issues in the past decades of chemical
and hazardous waste being dumped in water bodies or in large quantities
in landfills which degrades the land as well as leads to emissions of
toxins into water bodies. This is harmful to the environment in the form
of air, water and land, as well as all living creatures that consume them.
Inhaling such toxins or consuming them in any form leads to various
health issues.
  The Hazardous and Other Wastes (Management and Transboundary
Movement) Rules, 2016 encourage the reduction of hazardous waste
generation and encourage its recycling and reusing. They also specify
strict guidelines related to the import and export or even storage and
transportation of hazardous wastes in order to ensure optimum waste
management with regard to transportation, storage and disposal of waste.
For example, some specific hazardous wastes mentioned in the Rules are
not permitted to be imported. In case a particular import is deemed
illegal, the importer is required to re-export the waste in question at his
own cost within 90 days of its arrival in India.

 These rules, thus, aim to protect the environment at large as well as the
persons who come into contact with the hazardous waste and are at higher
risk of being exposed to them.

Hazardous Waste Management Rules 2016

For the first time, Rules have been made to distinguish between Hazardous
Waste and other wastes. Other wastes include: Waste tyre, paper waste, metal
scrap, used electronic items, etc. and are recognized as a resource for recycling
and reuse. These resources supplement the industrial processes and reduce the
load on the virgin resource of the country.

The salient features of Hazardous and Other Wastes (Management &

Trans boundary Movement) Rules, 2016 include the following:-

 The ambit of the Rules has been expanded by including ‘Other Waste’.
 Waste Management hierarchy in the sequence of priority of prevention,
minimization, reuse, recycling, recovery, co-processing; and safe disposal
has been incorporated.
 All the forms under the rules for permission, import/export, filing of
annual returns, transportation, etc. have been revised significantly,
indicating the stringent approach for management of such hazardous and
other wastes with simultaneous simplification of procedure.
 The basic necessity of infrastructure to safeguard the health and
environment from waste processing industry has been prescribed as
Standard Operating Procedure (SOPs), specific to waste type, which has
 to be complied by the stakeholders and ensured by SPCB/PCC while
granting such authorisation.
 Procedure has been simplified to merge all the approvals as a single
window clearance for setting up of hazardous waste disposal facility and
import of other wastes.
 Co-processing as preferential mechanism over disposal for use of waste
as supplementary resource, or for recovery of energy has been provided.
 The approval process for co-processing of hazardous waste to recover
energy has been streamlined and put on emission norms basis rather than
on trial basis.
 The process of import/export of waste under the Rules has been
streamlined by simplifying the document-based procedure and by
revising the list of waste regulated for import/export.
 The import of metal scrap, paper waste and various categories of
electrical and electronic equipments for re-use purpose has been
exempted from the need of obtaining Ministry’s permission.
 The basic necessity of infrastructure to safeguard the health and
environment from waste processing industry has been prescribed as
Standard Operating Procedure (SOPs) specific to waste type.
 Responsibilities of State Government for environmentally sound
management of hazardous and other wastes have been introduced as
follows:
 To set up/ allot industrial space or sheds for recycling, pre-
processing and other utilization of hazardous or other waste.
 To register the workers involved in recycling, pre-processing
and other utilization activities.
 To form groups of workers to facilitate setting up such
facilities.
 To undertake industrial skill development activities and
ensure safety and health of workers.

 List of processes generating hazardous wastes has been reviewed taking

into account technological evolution in the industries.

 List of Waste Constituents with Concentration Limits has been revised as

per international standard and drinking water standard.
The following items have been prohibited for import:

 Waste edible fats and oil of animals, or vegetable origin;

 Household waste;
 Critical Care Medical equipment;
 Tyres for direct re-use purpose;
 Solid Plastic wastes including Pet bottles;
 Waste electrical and electronic assemblies scrap;
 Other chemical wastes especially in solvent form.

 State Government is authorized to prepare integrated plan for effective

implementation of these provisions, and have to submit annual report to
Ministry of Environment, Forest and Climate Change.

 State Pollution Control Board (SPCB) is mandated to prepare an annual

inventory of the waste generated; waste recycled, recovered, utilised
including co-processed; waste re-exported and waste disposed and submit
to the Central Pollution Control Board by the 30th day of September
every year.

Major provisions
The Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016 have clearly laid down the procedure for the management of
hazardous and other wastes. The duties of the persons in charge of these wastes
in a particular industry as well as the State Government’s Departments of
Industry and Labour are clearly demarcated.

Import and Export of Hazardous Wastes

 An important point relating to the import and export of hazardous waste
between countries is that as per the 2016 rules, no country can export to
India hazardous waste for final disposal. This means that India only
imports hazardous wastes in order to recycle, reuse or for other
utilisation.
  Several permissions are required from the Ministry of Environment,
Forest and Climate Change for the same in different cases such as for the
import of used electrical and electronic parts.
 The import of hazardous wastes sometimes requires an import license
from the Directorate General of Foreign Trade. Post the application,
permission may be granted only if the importer has environmentally
sound facilities and adequate arrangements for the treatment of wastes.
The rules also specify the procedure for importing and exporting
hazardous waste to and from India.

Treatment, Storage and Disposal Facility for Hazardous Wastes

The 2016 rules give a clear direction of how the facility for treatment, storage
and disposal is to be established. The procedure for the same is explained
herein.

The Central Pollution Control Board has given guidelines based on which the
facility should be set up. Permission from the State Pollution Control Board is
required for the layout in this regard. The State Pollution Control Board is also
required to regularly monitor both the setting up of the facility as well as its
operation.

The identification of a site for the establishment of the facility is the

responsibility of:

 State Government

 The person who controls the affairs of the factory, specifically those
related to the hazardous and other wastes

 The operator of the facility.

Guidelines are also established by the Central Pollution Control Board which
the operator or occupier of a facility has to follow to ensure safe operation,
during the use of the facility as well as post it.
There are certain forms provided with the rules that need to be updated with
information regarding the kind of hazardous waste stored in a facility which is
important for permissions from the Government authorities.

Packaging, Labelling and Transport of Hazardous and Other

Wastes
The Packaging and Labelling of hazardous waste substances is an essential step
in a facility. Since hazardous wastes may react in the presence of one another, it
becomes essential to separate such wastes. A simple example of this would be
the separate storage of acid substances from basic substances.

There are extensive guidelines provided by the Central Pollution Control Board
for the packaging and labelling.

The transportation of hazardous wastes is, on the other hand, a major challenge
in itself. The substances can be anything from reactive to poisonous which
makes it essential to contain them properly and transport them with care.

The transportation of hazardous waste is governed by the following:

 The rules as under the Hazardous Waste Rules, 2016

 The Motor Vehicle Act of 1988

 Any further guidelines issued by the Central Pollution Control Board

In case the waste is to be transported to a facility in a different state for its final
disposal, a ‘No Objection Certificate’ is required on the part of the sender from
the State Pollution Control Board of both the states. There are various other
rules applicable to different cases and a colour system has also been set up
which is used in the Manifest system.

The Manifest System is used specifically for the transport of hazardous waste
and there are 7 colours, each representing a particular code. This system helps
in identifying the purpose of the transportation in question.
There is evidently a lot of paperwork involved in the transportation of
hazardous waste materials and although it is tedious, it is extremely essential to
ensure that the transport is carried out with due care.

CONCLUSION
The Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016 were amended in 2019 further improving procedures and relaxing
certain requirements for consent of the authorities. One can be hopeful that
further relaxations and improvements will be brought in with future
amendments.