Authorisation to Handle Hazardous Waste

Many industrial units generate hazardous waste without thinking of themselves as hazardous waste generators: used oil from machinery, ETP sludge, spent solvents, paint sludge, contaminated containers, chemical residues, spent catalysts and discarded chemicals. Under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, every occupier who generates, collects, stores, treats, recycles or disposes of such waste needs authorisation from the state pollution control board, must store it safely for limited periods, send it only to authorised facilities with a manifest, and file an annual return.

The rules also regulate imports and exports of hazardous and other wastes, which need permission from the Union environment ministry, and impose liability for damage caused by improper handling. Boards check hazardous waste compliance at every inspection, and failures lead to directions, environmental compensation and penalties. This page explains who needs authorisation, the key duties, imports, and how to respond to problems.

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Hazardous waste duties at a glance

Identifying hazardous waste

The rules classify waste through schedules. Schedule I lists processes and the wastes they generate, so that, for example, a unit doing metal surface treatment or producing certain chemicals knows its waste streams are hazardous. Schedule II lists concentration limits for constituents, so that waste not listed by process may still be hazardous if it contains certain substances above those limits. Schedule III deals with waste for import and export, and Schedule IV with wastes that may be recycled by authorised users.

If you are unsure whether a waste is hazardous, test it in a recognised laboratory against the Schedule II limits. Treating a hazardous waste as ordinary industrial waste, and selling it to a scrap dealer, is one of the commonest causes of enforcement action, because the board traces the waste and holds the generator responsible.

Storage and the 90-day limit

Rule 8 allows an occupier to store hazardous waste for up to 90 days, and the board may extend this in specific cases, for example to 180 days where the waste is to be sent to a facility that requires larger quantities. Storage must be in a designated area, with impervious flooring, cover against rain, labelling, segregation of incompatible wastes, and records. Waste stored beyond the permitted period, or in the open, is an immediate finding at inspection.

Units sometimes store waste because the nearest treatment facility is expensive or full, or because they hope to sell it. These are not defences. Plan disposal routes and budgets so that waste leaves the site within the permitted period, and keep the manifests that prove it.

How to get and keep authorisation

Imports of waste and scrap

Imports of hazardous and other wastes are controlled. Some wastes are prohibited from import altogether, while others may be imported for recycling or reuse only with permission from the environment ministry and only by authorised users. Metal scrap, used electronics, paper waste and used oil are areas where importers have faced trouble, because a consignment declared as scrap may contain hazardous constituents. Customs, the ministry and the board work together on these imports. If you import scrap or waste, check the schedules and permissions before the consignment is shipped, not after it reaches the port.

Time and typical cost

Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.

Common hazardous wastes and usual disposal routes

Documents usually needed

Laws that apply

How we work

We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:

• Waste streams identified: with testing where needed.
• Disposal routes secured: TSDF and recyclers checked.
• Records set up: storage, manifests and returns.
• Inspection findings answered: with corrective plans.
• Written fee terms: agreed stage by stage, never linked to the outcome.

Mistakes we see with hazardous waste

Liability for damage

The rules make the occupier liable for damage to the environment or third parties caused by improper handling of hazardous waste, and require it to restore the environment and pay compensation. This liability does not end when the waste leaves the gate: if a transporter dumps waste illegally, or a recycler turns out to be unauthorised, the generator is usually pursued as well. Boards and the NGT have imposed environmental compensation on generators traced through labels, manifests or the waste's composition.

The best protection is a documented chain: authorised facilities, valid transporter details, manifests signed at each stage, and periodic checks that the facility is still authorised. Where waste is found dumped and traced to your unit, respond quickly with records of what you sent and to whom, and take advice before admitting liability.

Spills and accidents

If a spill, fire or accident involving hazardous waste occurs at your site or during transport, the rules and other laws require you to take immediate steps to contain it, inform the board and other authorities, and clean up. Delay in reporting usually makes enforcement more severe. Keep an emergency plan with containment materials, contacts for the board and fire service, and an agreement with a facility that can take contaminated material. After the incident, document the cause, the steps taken and the clean-up, because these records will form the basis of any reply to a notice.

Recycling and co-processing

The rules encourage the recovery of resources from hazardous waste where it can be done safely. Some wastes listed in Schedule IV may be recycled or reused by authorised actual users, and cement plants co-process certain wastes as alternative fuel and raw material with the board's approval. These routes are often cheaper and more sustainable than landfill. Before sending waste to a recycler or co-processor, check that the facility holds authorisation for that specific waste, and keep records that the waste was actually used as authorised.