14. Insertion of new Parts IVaa, IVab and IVac in the principal enactment

The following new Parts are inserted immediately after section 23E of the principal enactment and shall have effect as Part IVaa (Sections 23f, 23fa, 23fb, 23fc, 23fd),

Part IVab (Section 23fe) and Part IVac (Sections 23ff, 23fg and 23fh) thereof :-

“Application of section 23A to a suspended or cancelled licence

“PART IVaa

HAZARDOUS WASTE MANAGEMENT

23F.

Minister to determine the granting of a licence for hazardous waste management

The Minister may by Order published in the Gazette specify the lists of hazardous waste by categories (hereinafter referred to as

No person carrying on a facility, industry or commercial activity shall generate, handle or manage such prescribed hazardous waste,-

except under the authority of a licence issued under the hand of the Director-General; and

in accordance with such terms, conditions, standards or other criteria as may be prescribed.

Subject to subsection (4), any person who acts in contravention with the provisions of subsection (2), shall be guilty of an offence and on conviction after a summary trial before a Magistrate, be –

liable to a fine not more than twenty million rupees and in case of a continuing offence to a fine of not more than one hundred and fifty thousand rupees for each day on which the offence continues after conviction and to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment;

required to obtain within such period of time, as may be determined by Court, a licence under subsection (2).

Where a person is convicted of an offence under subsection (3), continues to carry on such activity without obtaining a licence within the time period determined by

The licensee who carries on any facility, industry or commercial activity that generates, handles or manages any prescribed hazardous waste, shall inform the Authority of the category of hazardous waste and the quantity or volume of such waste, during such time durations and such frequencies as may be determined by the Authority.

Every person who contravenes the provisions of subsection (5) shall be guilty of an offence and shall on conviction after a summary trial before a Magistrate be liable to a fine not less than one hundred thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.

On receiving an application form as may be prescribed and on payment of the prescribed licence fee, the Director-General or any officer authorized by the Director-General being satisfied of the facts specified therein, may issue a licence.

The licence issued under subsection (1) may authorize the applicant to generate, collect, transport, store, reuse, recover, treat, recycle, process or dispose prescribed categories of hazardous waste, subject to such specifications as provided in subsection (4).

Where the Director-General or any officer authorized by the Director-General is not satisfied, he may reject an application referred to in subsection (1), giving reasons for such decision. The decision made under this section shall be final and conclusive.

Every licence issued under this

shall be in such form, as may be prescribed;

shall be subject to such terms, conditions, standards or critieria, from time to time, as may be prescribed;

shall be valid for such period as shall be specified in the licence, provided, it shall not be for more than a period of twelve months; and

may be renewable upon re-evaluation in such form as may be prescribed.

Where a licence has been issued to any person under this Part and such person acts in violation of the provisions of this Act or any regulation made thereunder or of any terms, conditions, standards or criteria of the licence, or since the issue of the licence the receiving environment has been altered or changed due to natural factors or otherwise, or where the continued generation, handling or management of such prescribed hazardous waste will or could affect the beneficial use of the environment adversely, or where the licensee fails to prevent any industrial accident which results in causing or is likely to cause an adverse effect on the environment, the

Where person continues to carry on an activity during the pendency of the suspension or cancellation of a licence as specified under subsection (1), the provisions of subsections (3) and (4) of section 23A shall mutatis mutandis apply in relation to such person. The Director-General shall forthwith to make an application to the Magistrate Court having jurisdiction.

There shall be appointed a

The function of the Committee shall be to advise the Authority on any matter referred to the Committee by the Authority pertaining to the management of prescribed hazardous waste.

The Minister may prescribe matters relevant to-

the import, export, transit and transshipment of hazardous and other waste;

the submission of reports by the importer or exporter related to hazardous and other waste.

No person shall import, export or have on transit or transshipment any prescribed hazardous waste or other waste without the written permission of the Director-General or any officer authorized by the Director-General.

Any person including an importer, exporter, a handler or a facilitator, who acts in contravention of the provisions of this section shall be guilty of an offence and on conviction after a summary trial before a Magistrate be liable to a fine -

not less than one million rupees for a shipment which shall not exceed one ton; or

not less than two million rupees for a shipment which shall exceed one ton and for each additional increase of a ton, up to and not exceeding five tons; or

of three million rupees for each additional ton, where the shipment exceeds five tons, shall accordingly be charged on a pro rata basis, together with any other charges as may be applicable.

Where any person is convicted of an offence under subsection (3), the Director-General or an officer authorized in writing, shall make an application to the Magistrate for an order to return the waste to the country of origin and the relevant cost shall be borne by the person convicted.

For the purposes of this Part –

The Minister may, by Order published in the Gazette, specify the list of names of chemicals, chemical substances, group of chemicals or chemical products

The Minister may by Order published in the Gazette prescribe such activities relevant to prescribed chemicals for which a permit shall be obtained from the Director-General or any officer authorized in that behalf. Any person applying for a permit shall pay a prescribed fee. No Person shall carry out any such prescribed activity except under the authority of a permit.

The Minister may prescribe the standards, procedure and criteria in relation to the management of chemicals.

There shall be appointed a Technical

The function of the Committee shall be to provide advise on any matter referred to it by the Authority pertaining to the management of chemicals.

Any person who contravenes the provisions of this section or any regulation made thereunder, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than five hundred thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.

The Minister shall by Order published in the

The Director-General or any officer authorized by the Director-General shall charge the wastewater discharge fee in terms of subsection (1) of section 23fg.

The Director-General or any officer authorized by the Director-General shall notify the due wastewater discharge fee to the owner or occupier of the factory or other source in terms of section 24. The owner or occupier shall settle payment of the said fee within thirty days from the date of receipt of such notice.

Where the owner or occupier to whom the notice under subsection (1) has been issued, fails to pay the same within the required period of time, the Director-General or any officer authorized by the Director-General may impose a surcharge, which shall be prescribed by regulation in addition to the wastewater discharge fee.

The Authority shall direct, the owner or occupier of the factory or other source to expeditiously reduce, control or divert the wastewater discharged to the environment, as the Authority may consider appropriate in the interest of the environment. The owner or occupier of the factory or other source shall comply with such direction which shall be in addition to the payment of wastewater discharge fee. The Authority shall ensure that such direction is carried out.

All fees payable under this Part shall be credited to the fund established under section 5 and shall be maintained for the implementation of any new project or the improvement of any existing project relating to wastewater discharge.

The Director-General shall forward a report annually to the Authority on measures taken to control, minimize or rectify the damage to the environment to ensure the environmental sustainability.

Where a person fails to pay the wastewater discharge fee within the required period of time the Director-General or any officer authorized by the Director-General may proceed to recover such sum by instituting legal action by way of summary procedure before the Magistrate having jurisdiction.

Every person who fails to pay the wastewater discharge fee or the surcharge or fails to comply with any direction issued under subsection (3) of section 23fg shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than one hundred thousand rupees and not more than one million rupees or to an imprisonment for a term not exceeding two years of either description or to both such fine and imprisonment.”.