Disposal of hazardous waste - CBEC's Customs Manual 2023 - Customs

4. Disposal of hazardous waste: 4.1 The disposal of hazardous waste is to be carried out in accordance with the directions dated 14-10-2003 of the Hon'ble Supreme Court in WP No. 657/95. Basically, the Apex Court has directed that such waste is to be categorized as either those that are banned or those that are regulated. The waste in the banned category should be either re-exported, if permissible, or destroyed at the risk, cost and the consequence of the importer. The waste in the regulated category is permitted for recycling and reprocessing within the permissible parameters by specified authorized persons having the requisite facilities under the rules. Disposal of hazardous and other waste regulated by the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, shall be in accordance with the provisions of the said rules. In case of illegal import of the hazardous or other waste, the importer shall re-export the waste in question at his cost within a period of ninety days from the date of its arrival into India and its implementation will be ensured by the concerned Port and the Custom authority. In case of disposal of such waste by the Port and Custom authorities, they shall do so in accordance with these rules with the permission of the Pollution Control Board of the State where the Port exists. In case of illegal import of hazardous or other waste, where the importer is not traceable then the waste either can be sold by the Customs authority to any user having authorisation under rules from the concerned State Pollution Control Board or can be sent to authorised treatment, storage and disposal facility. [Refer Circular No.31/2004-Cus, dated 26-4-2004]