HW Rules 2016AuthorisationTSDFTransboundarySPCB
AMLEGALS / Environmental & NGT / Hazardous Waste
Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016

Hazardous waste is regulated from generation to disposal — and every handler is accountable

The Hazardous and Other Wastes Rules 2016 impose obligations at every stage of the waste lifecycle: generation, storage, transportation, treatment, disposal and transboundary movement. Non-compliance attracts closure directions, criminal prosecution and environmental compensation.

Strategic context

Cradle-to-grave accountability

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016 establish a cradle-to-grave regulatory framework. Every generator of hazardous waste must obtain authorisation from the State Pollution Control Board, maintain records, ensure safe storage and transportation, and either treat and dispose of the waste at an authorised facility or send it to a Treatment, Storage and Disposal Facility (TSDF). The Rules categorise hazardous waste by process and constituent and prescribe standards for each category.

Transboundary movement of hazardous waste is regulated through a prior-informed-consent mechanism, with the MoEFCC’s permission required for import and export. The 2016 Rules, read with the Basel Convention obligations and the EP Act 1986, create a multi-layered compliance framework. AMLEGALS advises generators, recyclers, importers and facility operators on authorisation, operational compliance, TSDF agreements, transboundary-movement approvals and enforcement defence.

Workstreams

Advisory workstreams

01

Authorisation and registration

Advising on hazardous-waste authorisation applications, renewals and conditions compliance with the SPCB.

02

Storage and handling compliance

Advising on storage standards, labelling, packaging and interim storage conditions under the Rules.

03

TSDF compliance

Advising Treatment, Storage and Disposal Facilities on operational compliance, standards and SPCB monitoring.

04

Transboundary movement

Advising on MoEFCC approvals for import and export of hazardous waste under the prior-informed-consent mechanism.

05

Enforcement defence

Defending against SPCB closure directions, CPCB enforcement proceedings and criminal prosecution for waste-management violations.

06

Due diligence and audit

Conducting hazardous-waste compliance audits for M&A transactions and operational facilities.

Answers

Frequently asked questions

01Who needs hazardous-waste authorisation?

Under Rule 6 of the Hazardous and Other Wastes Rules 2016, every occupier (generator), recycler, re-processor and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste must obtain authorisation from the State Pollution Control Board. The authorisation specifies the categories and quantities of waste, the disposal method and the conditions of operation.

02What are the storage requirements for hazardous waste?

Generators must store hazardous waste in containers that are compatible with the waste, labelled with the waste category and quantity, and kept in a designated storage area that prevents leakage, spillage and contamination. The storage period must not exceed 90 days (or such period as the SPCB permits). The storage area must have an impermeable floor, secondary containment and fire-safety provisions.

03What is a TSDF?

A Treatment, Storage and Disposal Facility (TSDF) is an authorised facility that receives hazardous waste from generators for treatment (physical, chemical or biological), secure storage and final disposal (typically in a secure landfill with engineered containment). TSDFs are authorised by the SPCB and must comply with the standards prescribed in the Rules and the conditions of their authorisation.

04What are the penalties for hazardous-waste violations?

Violations attract action under Section 15 of the Environment (Protection) Act 1986: imprisonment up to five years and fine up to ₹1 lakh for the first offence, with enhanced penalties for continuing offences (₹5,000 per day) and imprisonment up to seven years if the violation continues beyond one year. The SPCB can also issue closure directions and the NGT can impose environmental compensation.

05How is transboundary movement of hazardous waste regulated?

Import and export of hazardous waste is regulated under the 2016 Rules read with India’s obligations under the Basel Convention. Prior informed consent of the MoEFCC is required. Import of hazardous waste for disposal is prohibited; import for recycling or recovery is permitted only for specified categories. Illegal transboundary movement attracts criminal prosecution and direction to re-export the waste.

06Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.

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