Section 11 – Hazardous Wastes (Management and Handling) Rules, 1989

11. Import of hazardous wastes

(1) Import of hazardous wastes from any country to India shall not be permitted for dumping and disposal of such wastes. However, import of such wastes may be allowed for processing or reuse as raw material, after examining each case on merit by the 2[State Pollution Control Board or Committee] or by an officer authorized in this behalf.

(2) The exporting country or the exporter, as the case may be, of hazardous wastes shall communicate in Form 6 to the Central Government (the Ministry of Environment and Forests) of the proposed Tran boundary movement of hazardous wastes.

(3) The Central Government shall, after examining the communication received under sub-rule (2) and on being satisfied that the import of such hazardous wastes is to be used for processing or reuse as raw material, grant permission for the import of such wastes subject to such conditions as the Central Government may specify in this behalf and if, however, the Central Government is not satisfied with the communication received under sub-rule (2), it may refuse permission to import such hazardous wastes.

(4) Any importer importing hazardous wastes shall provide necessary information as to the type of hazardous wastes he is to import, in Form 6, to the concerned 2[State Pollution Control Board or Committee] the Central Pollution Control Board in the case of Union Territories.

(5) The 2[State Pollution Control Board or Committee] shall examine the information received under sub-rule (4) and issue such instructions to the importer as it considers necessary.

(6) The Central Government or the 2[State Pollution Control Board or Committee I, as the case may be, shall inform the concerned Port Authority to take appropriate steps regarding the safe handling of the hazardous wastes at the time of off-loading the same.

(7) Any person importing hazardous wastes shall maintain the records of the hazardous wastes imported as specified in Form 7 and the records so maintained shall be open for inspection by the 2[State Pollution Control Board or Committee]/ the Ministry of Environment and Forests/the Central Pollution Control Boards in the case of Union Territories or an officer appointed by them in this behalf.

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