Complying with India’s Hazardous Waste Management Rules (HWMR) as an exporter, importer or recycler of secondary raw materials involves filling out a number of forms. These are drawn from a suite of twelve formatted documents, described below.
For example, traders exporting tyre shred or waste paper to India need form 6 and form 9 transboundary movement documents to obtain Customs clearance. On the Indian side, various HWMR forms are needed by the importer and recycling facility to obtain the necessary permissions from their State Pollution Control Board (SPCB), and to file reports.
Authorisations
Form 1 download is used by occupiers or owners of a facility that recycle waste, to apply for (or renew) authorisation from the SPCB to collect, receive, treat, transport, store or dispose of hazardous waste. The applicant needs to provide the name and address of the unit, the location of the activity, and details that include the type and quantities of hazardous waste generated, methods of storage, and facility capacity. Here are further details on Form 1.
On approval, Form 2 download is issued by the SPCB to the applicant. This provides the terms and conditions of the authorisation, and its duration.
Records and returns
Form 3 download provides the format for occupiers or owners of a facility to keep records of hazardous wastes. It requires descriptions of the waste, and how it is stored and treated; details of transportation and disposal; details regarding any hazardous waste that was reused or recycled; and data regarding environmental surveillance, such as analysis of soil and ground water samples.
Form 4 download is used to submit annual returns of the wastes captured in Form 3 to the SPCB by June 30 for the preceding period, April to March. Part A is filled out by the hazardous waste generators; Part B is filled out by the treatment, storage and disposal facility operators; while Part C is filled out by recyclers, co-processors or other users.
Import and export permissions
Form 5 download is used to apply for authorisation for the import or export of hazardous and other waste for reuse, recycling, recovery, co-processing or utilisation. This requires information on the importer or exporter, what waste they intend to import or export, and in the case of schedule III, part A, HWMR, whether prior informed consent has been obtained.
Details of processes and environmental safeguard measures need to be attached on a separate sheet. Form 5 details also require the capacity of recycling, co-processing, recovery or utilisation; and details of imports over the previous 3 years in relation to permissions obtained from the Ministry of Environment, Forest and Climate Change.
Waste movements
Form 6 download is a transboundary movement document that can be compiled by either the importer or the overseas exporter. It details where the shipment came from, how it travelled, where it’s going, and what the material is. It requires a declaration by the exporter that they have abided by the relevant rules and regulations relating to the transboundary movement of waste, and a declaration by the importer or waste processor that the material is destined for recycling.
Form 7 download is used to apply for one-time authorisation for the import or export of hazardous wastes as listed in schedule III, part D, HWMR, 2016.
Form 8 download refers to the labelling of containers of hazardous or other waste. Details required include the waste category and characteristics as set out in schedules II and III, part C, HWMR; the physical state of the waste (solid, semi-solid or liquid); incompatible wastes and substances; the quantity of waste; and the date of storage.
Form 9 transboundary movement document
Form 9 download is another transboundary movement document that captures the same information as form 6 but goes into greater detail about the nature of the materials being shipped. It accompanies a waste shipment from customs clearance to its place of recycling.
Form 10 manifest
Form 10 download is a manifest for hazardous and other waste, to be used within India only. The sender of the waste needs to prepare 7 copies of the manifest in the form, following a specific Form 10 colour code. These are variously retained by the sender; forwarded by the sender to the SPCB; retained by the receiver; handed over to the transporter by the receiver; sent by the receiver to the SPCB; sent by the receiver to the sender; and sent by the receiver to the SPCB of the sender in case the sender is in another state.
Reporting accidents
Form 11 download provides the format for reporting an accident. The completed form needs to be submitted by the facility, sender, receiver or transporter to the SPCB. Details required include the date and time of the accident; steps take to prevent the recurrence of such an accident; the sequence of events leading to the accident; what hazardous and other wastes were involved in the accident; the date for assessing the effects of the accident on health and the environment; emergency measures taken; and steps taken to alleviate the effects of accidents.
Appeals to the SPCB
Form 12 download is used by occupiers, owners or operators of facilities to file appeals against an order passed by the SPCB, such as a cancelled authorisation. The form needs a certified copy of the order to be attached. It also requires the name and address of the person making the appeal; the number, date of order, and address of the authority which passed the order, against which the appeal is being made; details of the grounds on which the appeal is being made; details concerning the relief being sought; and a list of enclosures, other than the order against which the appeal is being filed.
