Section 5 – Hazardous Wastes (Management and Handling) Rules, 1989

5. Grant of authorization for handling hazardous wastes

(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorized for this purpose.

(2) Every occupier generating hazardous wastes and having a facility for collection, reception, treatment, transport, storage and disposal of such wastes shall make an application in Form 1 to the 2[State Pollution Control Board or Committee] for the grant of authorization for any of the above activities:

PROVIDED that the occupier not having a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an application to the State Pollution Control Board in Form 1 for the grant of authorization within a period of six months from the date of commencement of these rules.

(3) Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the 2[State Pollution Control Board or Committee] for the grant of authorization for any of the above activities:

PROVIDED that the operator engaged in the business of collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an application to the State Pollution Control Board in Form 1 for the grant of authorization within a period of six months from the date of commencement of these rules.

(4) The 2[State Pollution Control Board or Committee] shall not issue an authorization unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.

(5) The authorization to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.

(6) (i) An authorization granted under this rule shall, unless sooner suspended or cancelled, be in force for a period of two years from the date of issue or from the date of renewal.

(ii) An application for the renewal of an authorization shall be made in Form 1, before its expiry.

(iii) The authorization shall continue to be in force until it is renewed or revoked.

(7) The 2[State Pollution Control Board or Committee] may, after giving reasonable opportunity of being heard to the applicant, refuse to grant any authorization.

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