Responsibility in handling hazardous waste
Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Ongoing compliance requirement
Filing and Maintenance Requirements
An occupier generating hazardous wastes in quantities exceeding the limits as specified under schedule I of the Hazardous Wastes Rules, is obliged to take all practical steps to ensure that such wastes are properly handled and disposed of without any adverse effects. The occupier is also responsible for the proper collection, reception, treatment, storage and disposal of these wastes either directly or through qualified third parties.
Penalties under the Environment Protection Act are applicable :
• Penalties for the first failure or contravention of the compliance requirements under the Environment Protection Act may attract:
• Imprisonment for a term extending up to 5 (five) years; or fine extending up to Rs. 100,000 (Rupees One Hundred Thousand only); or with both.
• Further, continuation of the offence attracts a fine of Rs. 5,000 (Rupees Five Thousand only) per day from the day of conviction for the first failure or contravention.
• Contraventions or failures to comply in excess of 1 (one) year from the date of conviction for the first contravention or failure may attract imprisonment for a term extending up to 7 (seven) years.
• Any person who was in charge/ responsible for conduct of the business of a company when such offence was committed by the company will be held guilty of the offence and be liable for punishment accordingly. The only protection available from prosecution is to prove that the act was committed without knowledge of the concerned person or it could not have been prevented despite due diligence.
Application Guidelines / Responsible Persons / Comments