Key Documentation required for Hazardous Waste Authorization

Hazardous Waste Authorization is a regulatory process mandated by the Ministry of Environment, Forest and Climate Change under the Hazardous and Other Wastes Rules, 2016.

This authorization is mandatory for any entity that generates, stores, transports, treats or disposes of hazardous waste, ensuring the waste is managed in an eco-friendly manner. The process involves obtaining permission from the State Pollution Control Boards or Pollution Control Committees, including detailed information about the types and quantities of hazardous waste generated, its storage methods and the planned treatment or disposal techniques.

The main aim of hazardous waste authorization is to reduce the adverse impacts of hazardous waste on public health and the environment.

What does the Hazardous Waste Authorization Management contribute?

All the businesses involved in hazardous waste management must adhere to the conditions mentioned in the authorization. This might include regular reporting, maintaining records, and ensuring compliance with the safety norms. The state pollution control boards and the central pollution control board inspections and monitoring ensures that the waste is managed as per the authorized plan.

Non-compliance with these regulations can pave the way for penalties, including fines on suspension of the authorization. The Hazardous Waste Authorization framework is part of India’s broader effort to manage hazardous waste responsibly, minimizing environmental pollution and aligning with global environment standards.

Documentation Required for Hazardous Waste Authorization

Proper Documentation is the pillar of the hazardous waste authorization process. Complete or inaccurate documentation can lead to delays in the authorization process or even denial of authorization which can lead to huge fines and legal cases.

Obtaining the Hazardous Waste Authorization in the management of hazardous waste is important for storing, purchasing, recycling, and reprocessing hazardous wastes.

What are the types of Hazardous Wastes?

As per the provisions of Hazardous Wastes Rules, 2008, hazardous waste refers to any waste because of its physical, reactive, chemical, toxic, flammable, explosive or corrosive characteristics that cause danger or is likely to cause harm to health or environment, whether alone or in contact with other wastes and shall include-

1. Waste defined under column 3 of Schedule I
2. Wastes consisting of constituents defined in Schedule II if their concentration is more than the prescribed limit said in Schedule
3. Wastes in Part A and Part B of Schedule III concerning import or export of such waste according to the rules 12, 13 and 14 or the wastes other than those laid out in Part A or Part B if they hold any hazardous features as said in Part C of that Schedule.

What are the documents that are to be submitted for obtaining Hazardous Waste Management Certification?

Every entity or individual willing to recycle or reprocess the hazardous waste is required to submit a copy of each of the following documents-

• Consent to Establish: This document is obtained from the State Pollution Control Board under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act. 1974.
• Proof of Certificate of Registration: This document is granted by the District Industries Centre or any other government agency authorized in this behalf.
• Proof of installed capacity of plant and machinery: It is granted by the district industries centre or any other government agency authorized in this regard.

What are the other documents required for hazardous waste management authorization?

Apart from the above-prescribed documents, there are other documents that one needs to submit and that include-

Private and Public Limited Company

• Proof of address and identity of directors such as PAN and Aadhar.
• Ownership proof or lease or rent agreement of the premise.
• No objection certificate from the owner of the site.
• Water/Telephone/Electricity Bill.
• MCD License
• Memorandum of Association of Company
• Waste Collection Agreement
• Incorporation Certificate
• Pan Card of the company
• Board Declaration for Authorized Signatory.

Proprietorship or Partnership Firms

• PAN and Aadhar Card of Proprietor/ Partners.
• Rent/Lease/Ownership of the office location.
• Electricity/water/Telephone Bill
• Waste Collection Agreement
• MCD License

What is the process of obtaining a Hazardous Waste Authorization Certificate?

Every applicant who seeks registration for recycling or reprocessing of hazardous waste specified in Schedule IV needs to follow the below steps-

1. They have to apply the Form 5 along with the required documents mentioned above.
2. The Central Pollution Control Board verifies that the applicant is utilizing the below methods for recycling reprocessing or reusing hazardous waste-

• Relevant equipment
• Eco-friendly methods
• Requisite facilities
• Innovative Technical Capabilities.

Then, it grants the certificate of registration to the applicant.

• The CPCB will dispose of the application for registration within the time period of 120 days from the date of receiving the application complete in every manner.
• CPCB can suspend or cancel the registration issued under the below rules if the recycler has failed to comply with-

1. Any conditions of registration or
2. Rules made thereof or
3. Provisions of the concerned act.

• If the application of registration is cancelled in any case, the applicant will be given a reasonable opportunity by CPCB to be heard, by order, to refuse to renew or grant the registration.
• On the grant of certificate of registration, the applicant maintains the record of hazardous wastes processed and purchased.

The entities need to file annual returns of the activities of the preceding year in Form 6 to the State Pollution Control Board on or before 30th June every year.

What is the validity period of the Authorization?

Hazardous Waste Authorization is valid for five years from the date of issuance of the authorization.

Obtaining the Hazardous Waste Authorization in India is a rigorous process that needs careful planning. It is advisable to work with a professional service provider who will help the businesses navigate the authorization process easily. Proper management of hazardous waste protects the environment and public health and also enhances the reputation of the company, contributing to a sustainable future.