MoEF Clearance For Hazardous Waste Export From India

In accordance with the provisions of Hazardous Waste Management laws, the Ministry of Environment, Forest, and Climate Change (MoEFCC) serves as the nodal ministry for dealing with the transboundary movement of hazardous and other wastes. Every industry generates a significant amount of waste which is naturally released into the environment. All waste products discarded improperly may harm the natural essence of the environment. Among these wastes, there are a few classes categorized into those that can be lethal and pose a large threat to the safety of all living beings’ health as well as the environment. Such waste generated is known as Hazardous Waste. The country further follows completely separate legislation for the proper disposal and management of hazardous waste.

The Union Government established the MoEFCC to assess the impacts of things that can cause a threat to social health and factors leading to environmental pollution. As per the regulations of the Ministry, certain industrial and developmental undertakings need to undergo evaluation in order to receive environmental approval from the Central government. They include Hazardous Waste and in order to process imports and export regarding them, permission is required from the ministry. Anyone involved in the business needs to obtain clearance from the MoEFCC. 

Why is a MoEFCC Registration Needed?

Hazardous Waste Management requires a strict check while collecting, handling, and disposing of waste that, if handled carelessly, can seriously harm the environment or human health and safety. Hazardous wastes are typically produced by chemical production, manufacturing, and other industrial activities. They can be solids, liquids, sludges, or enclosed gases. Inadequate operations for storage, transportation, treatment, or disposal could result in damage. Improper handling, storage, or disposal of hazardous material frequently causes harmful water pollution by contaminating groundwater and surface water supplies. It can also cause hazardous land contamination. Also, houses that are built next to old and abandoned garbage disposal facilities may put residents at risk. Hence the Government strictly controls the process of managing hazardous wastes in an effort to address current issues and avoid future harm.

The MoEFCC has been vested with granting such clearance and without it, the transboundary movement of Hazardous Waste is not permitted.

• Any occupier intending to export waste listed in Part A of Schedule III, Part B of Schedule III, or Schedule VI must submit an application in Form 5 to the Ministry of Environment, Forest and Climate Change (MOEF) along with proof of insurance, for the proposed transboundary movement of hazardous and other wastes, as well as the importing country's prior informed consent in writing.
• The Ministry of Environment, Forest and Climate Change (MOEF), upon receipt of an application under sub-rule (1), may grant permission for the proposed export within sixty days of receipt of the complete application and may enforce any conditions it feels applicable.
• To ensure compliance with the conditions of the export permit, the Ministry of Environment, Forest and Climate Change (MOEF) shall forward a copy of the permission granted under sub-rule (2) to the State Pollution Control Board of the State where the waste is produced, the Pollution Control Board of the State where the port of export is located, and the concerned Port and Customs authorities.
• Wherever possible, the exporter must ensure that no consignment is shipped before receiving prior informed consent from the importing government.
• The exporter must also make sure the current shipment is accompanied by a Form 6 movement paper.
• The exporter of hazardous and other wastes must keep records in Form 3 of the hazardous and other wastes he has shipped, and the records must be available for inspection.
• The Ministry of Environment, Forest, and Climate Change shall review the application upon receipt of the complete application with respect to Parts A and B of Schedule III, taking into consideration any comments and observations, if any, from the State Pollution Control Boards, and may grant permission for import within a period of 60 (sixty) days subject to the condition that the importer has

1. environmentally sound facilities;
2. adequate arrangements for treatment;

• To ensure compliance with their respective responsibilities outlined in Schedule VII, the concerned State Pollution Control Board, Central Pollution Control Board, and Port and Customs authorities must receive a copy of the license from the Ministry of Environment, Forest, and Climate Change.

• An Import-Export Code (IEC)
• DGFT 
• A test certificate from an authorized laboratory
• The PAN card belonging to the unit
• Pan Card and UID of Authorized Person
• Details relating to GST
• The MoA and the AoA of the organization or if applicable, a partnership deed
• Consent to Establish/Operate of Unit
• Authorization of unit
• Photograph and video of running plant
• Form 5 of Hazardous and Waste Rules,2016. 
• Justification for export. 
• A valid authorization was issued in accordance with the 2016 Hazardous and Other Waste Rules.
• Composition analyses of laboratory waste that are recognized by the Environment (Protection) Act of 1986 
• Insurance coverage for environmental and health risks while travelling acknowledging receipt of a copy of the application from the relevant State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) 
• Document showing the employment generation status and the number of beneficiaries.
• A copy of the importer-exporter/buyer-seller agreement
• A copy of the most recent permission granted by this Ministry.

The export and import of hazardous or other wastes from and into India, respectively shall be deemed illegal, if, - 

• It is without permission of the Central Government in accordance with these rules.
• The permission has been obtained through falsification, misrepresentation, or fraud.
• It does not conform to the shipping details provided in the movement documents
• It results in deliberate disposal (i.e., dumping) of hazardous or other waste in contravention of the Basel Convention and of general principles of international or domestic law.

Hazardous or other waste that has been illegally imported into India must be re-exported by the importer at his expense within 90 days of the date of entry, and the competent port and customs authority will guarantee that this is done. If the Port and Customs authorities need to dispose of this material, they must do so in line with these regulations and with the approval of the Pollution Control Board of the State where the Port is located.

When hazardous or other waste is exported illegally and the importer cannot be identified, the customs authority may sell the waste to any user who has authorization under these rules from the relevant State Pollution Control Board or may send it to an authorized treatment, storage, and disposal facility.

Requesting an extension of prior permissions previously granted by this Ministry:

Send the prior authorization, a verified rationale for the extension, and information about imports and exports made in accordance with the authorization in hard copy to this Ministry in the case of used electrical and electronic equipment.

Send the previous authorization, information on imports made in accordance with the prior authorization, a valid CTO, and an authorization in hard copy to this Ministry in the case of tyre scrap, lead scrap, and other wastes.

• Name and address of the unit and location of facility:         
• Name of the occupier of the facility or operator of disposal facility with designation, Tel, Fax and e-mail:       
• Authorisation required for:  

1. Generation     
2. Collection      
3. Storage      
4. Transportation     
5. Reception      
6. Reuse       
7. Recycling     
8. Recovery      
9. Pre-processing     
10. Co-processing    
11. Utilisation     
12. Treatment      
13. Disposal       
14. Incineration    

• In case of renewal of authorisation previous authorisation numbers and dates and provide copies of annual returns of the last three years including the compliance reports with respect to the conditions of Prior Environmental Clearance, wherever applicable:   

1. Nature and quantity of waste handled per annum (in metric tonne or kilo litre) 
2. Nature and quantity of waste stored at any time (in metric tonne or kilo litre)    

• Year of commissioning and commencement of production:       
• Whether the industry works:

1. 01 Shift
2. 02 Shifts
3. Round the clock     

Provide a copy of the Emergency Response Plan (ERP) which should address procedures for dealing with emergency situations (viz. Spillage or release or fire) as specified in the guidelines of the Central Pollution Control Board. Such ERP shall comprise the following, but not limited to:

• Containing and controlling incidents so as to minimise the effects and limit the danger to the persons, environment and property;  
• Implementing the measures necessary to protect persons and the environment;  
• Description of the actions which should be taken to control the conditions at events and to limit their consequences, including a description of the safety equipment and resources available; 
• Arrangements for training staff in the duties which they are expected to perform.

What Are The Hazardous Wastes Not Permitted for Export?