Hazardous Waste Import Authorization

In a world increasingly aware of the environmental impact of our actions, businesses must understand and adhere to regulations surrounding hazardous waste import authorization. Unlocking the secrets of this process is not only essential for compliance but also for promoting sustainability and minimizing harm to our planet. 

A Hazardous Waste Import Authorization is a permit that allows the importation of hazardous waste into a country. This permit is issued by the relevant regulatory authority and ensures that the waste is properly managed and disposed of in an environmentally sound manner.

From understanding the legal framework to implementing sustainable waste management practices, this guide offers a holistic approach to compliance beyond simply ticking boxes. By embracing the principles of sustainability, businesses can protect the environment and improve their reputation, reduce costs, and create long-term value. So, let's embark on this journey together and unlock the secrets of hazardous waste import authorization for a greener, more sustainable future.

What is Hazardous waste? 

Like any other villain, hazardous waste is an enemy willing to wage an environmental battle. It is unforgiving to be threatened and not fight against it. 

In real terms, Hazardous wastes are perils of nature that comprise waste materials, a threat to human existence. It can even be viewed in various forms ranging from chemicals, pesticides, and medical waste to electronic devices. These wastes cause wounds to the environmental soul and can harm people's health if not disposed of properly. 

To be a responsible citizen is to understand the dangers of hazardous waste and take necessary precautions to prevent its harmful effects. The improper disposal of hazardous waste can lead to soil, water, and air contamination, which can be lethal or cause environmental insecurity and impact human health. Therefore, it is repeated over and again regarding the disposal of waste appropriately. This can be done by following the guidelines set by your local government or by seeking the help of professional waste management services. These services can ensure that hazardous waste is discarded safely and environmentally friendly.

The Ministry of Environment, Forest and Climate Change (MoEF & CC), formerly known as the Ministry of Environment and Forest (MoEF), promulgated Hazardous Waste (Management and Handling) Rules, 1989, under the provision of the Environment Protection Act, 1986. In September 2008, the rules were amended, and new rules entitled "Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008" were promulgated.

The definition of Hazardous Waste Management is one of the techniques that pay heed to the safe and responsible handling, transportation, and disposal of hazardous waste materials. For instance, they are grouped under two categories; Hazardous and non-hazardous. The former is considered more disastrous, whereas the latter is detrimental to the environment. Therefore, to reduce this effect, storage, segregation, transportation and disposal of hazardous waste must be initiated carefully. 

Characteristics of Hazardous Waste 

Wastes are considered hazardous based on the level of harmful properties it portrays, which cause a threat to the environment. No wonder it could contain solids, liquids, gases or discarded material. Nonetheless, 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 harmful if it shows one or more of the following characteristics: 

The characteristics of Hazardous Waste are as follows-

• Ignitability:- It is one of the key principles of hazardous waste and pinpoints how ignitable wastes are capable of causing fires, where they might be explosive with a flash point less than 60 °C (140 °F). As stated, if the liquid can produce fires via moisture absorption or friction when burnt incessantly, it can create a non-reversible hazard. For instance, petroleum products, solvents and pesticides are quite a few examples. 
• Corrosivity:- Just like a Science lesson that teaches you, EPA defines corrosive wastes as acids & bases which wear down metal containers like drums, barrels or storage tanks. Furthermore, a corrosive hazardous substance is a menace, which not only corrodes metal but can also damage a person's health. It is even categorized as solid & liquid.
• Reactivity:- EPA mentions hazardous wastes as those wastes that are unstable under several conditions. They might produce fumes, gases and vapours, causing explosions. It is only when it is heated, compressed & mixed with water. For instance, lithium-sulphur batteries & explosives are a few examples. No wonder they are extremely unstable & carry the ability to endanger a human's existence. 
• Toxicity:- As EPA defines, toxic wastes are those wastes that are fatal and harmful when absorbed or ingested. In addition, just when toxic wastes are disposed of, the tainted liquids might drain waste and pollute groundwater.

The followings are the required documents for the license for the import of hazardous waste material to India:

• Identity Proof
• Certificate of GST
• Import Code issued by the Directorate General of Foreign Trade(DGFT)
• Copy of Address Proof
• Details of the waste to be imported to India
• Copy of purchase order/invoice
• Details of user
• Notarized MOU for selling imported scraps to actual user
• Partnership Deed/ AOA (if applicable)

It is noted that hazardous waste authorization, as listed under acquiring Hazardous Waste Import Authorization, is regulated by the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, includes the following procedure, which is as depicted-

Step 1:- Obtain a License 

A recycler must obtain a license to recycle from the State Pollution Control Board. For this, you require prior permission from your respective state pollution control board. 

Step 2:- Revision of Application

Within 30 days of receiving your application, the concerned authorities, such as SBCB, will encourage recommendations as a precondition for safe storage or transportation.  

Step 3:- Granted NOC for Import Authorization

As per the third step, The State is likely to issue NOC, stating the importer has submitted the required documents, including a consent letter with an issued copy from the respective authority of the exporting country. For instance, a recycler or a trader is eligible for this import waste certification granted by The Ministry of Environment, Forest and Climate Change and State Pollution Control Board. 

Such steps constitute one of the crucial processes in acquiring Hazard waste import authorization. 

Most importantly, to regulate the import and export of hazardous and other wastes, the Ministry of Environment, Forests and Climate Change have made provisions in the regulations and believes that an importer should carry the knowledge in understanding what type of hazardous waste is to be imported.

Responsibilities of the Occupier of Hazardous Waste Import

There are certain responsibilities for the occupier to deal with the safe disposal of hazardous waste. The occupier ought to follow the mentioned steps, which are as follows-

• The occupier should deal with the environmentally sound handling of hazardous waste.
• The occupier should have the required persons with the training, equipment and information to ensure safety. 
• The generated hazardous waste should be sold to the recycler (as per the granted authorizations or stated disposal instructions.
• He shall provide essential information to TSDF for treatment and disposal, as per the safe storage and disposal.
• The Hazard waste transportation from the occupier's establishment to the recycler's place shall be handled following the rules and regulations. 

Therefore, the occupier's responsibilities do not end here but serve as an entrusted task with great responsibility. 

Responsibilities of Importers of Hazardous Waste

The importer needs to provide the required information as per Form 6 to the Customs authorities, along with the following documents, which ask for.

• An import license is to be acquired from the Directorate General of foreign trade(DGFT)
• The importer importing on behalf of other users requires one-time authorization as per Forms 6 & 7.
• Suppose one plans on importing electrical goods or supplies. In that case, he might require authorization of EPR (extended producer responsibility) as per the stated E-waste rules. 
• He shall maintain the records of the imported waste, which might be asked for during the inspection by the authorities.

Therefore, such steps are of grave importance for the authorities’ in-charge of the import of hazardous waste.

As per the compliance for the import waste authorization, you need to keep the following points in mind-

• The import of hazardous waste from any country shall be permitted only for recycling, recovery & reuse. 
• The import of hazardous waste (as per Part A of Schedule III) be permitted to the users but with the achieved consent from the exporting country along with the permissions from the Ministry of Environment, Forest and Climate Change (MFCC). Similarly, the permissions regarding the import of the other wastes have to be obtained in a similar way, as stated.
• It has strictly announced the materials of hazardous waste, of which the import is prohibited, such as Household wastes; Critical care medical equipment, and Solid plastic wastes.

Do's and Don'ts of Hazardous Waste Import

There are Do's and Don'ts you need to follow as per Hazardous waste management, which is categorized in the table mentioned below-

At Corpseed, our team has years of experience and extensive knowledge of hazardous waste imports. We are well-versed in hazardous waste import authorization and offer client consultation through desk-based research, documentation, and coordination. We want to help companies figure out what has to be done to set up the unit. Corpseed is a one-stop shop for all of your business needs as a result.