The Hazardous Wastes (Management and Handling) Rules, 1989 and Amendment Acts of 2000 and 2003 apply to hazardous wastes as specified in Schedule and shall not apply to:-

1. waste water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and rules made there under;
2. wastes arising out of the operation from ships beyond five kilometers as covered under the provisions of the Merchant Shipping Act, 1958 and the rules made there under,
3. radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 and rules made there under,
4. bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Environment (Protection) Act, 1986;
5. wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Environment (Protection) Act, 1986; and
6. the lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001 made under the Environment (Protection) Act, 1986.

Rule 4:- Responsibility of the occupier and operator of a facility for handling of the wastes:

1. The occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in Schedule 1, Schedule 2, Schedule 3.
2. The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under Sub-rule (1), shall give to the operator of a facility, such information as may be specified by the State Pollution Control Board.
3. It shall be the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes listed in Schedule 1, Schedule 2 and Schedule 3 are properly handled, and disposed of without any adverse effects to the environment.

Rule 4A:- Duties of the occupier and operator of a facility:

1. contain contaminants and prevent accidents and limit their consequences on human and the environment; and
2. provide persons working on the site with information, training and equipment necessary to ensure their safety.

RULE 5:- GRANT OF AUTHORISATION FOR HANDLING HAZARDOUS WASTES:

Every occupier handling, or a recycler recycling, hazardous wastes shall make an application in Form 1 to the Member Secretary, Meghalaya State Pollution Control Board, or any officer designated by the Board, for the grant of Authorisation for any of the said activities.

Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the Member Secretary, Meghalaya State Pollution Control Board, or any officer designated by the Board, for the grant of Authorisation for all or any of the above activities specified in the Rule.

The Member Secretary, Meghalaya State Pollution Control Board, or any officer designated by the Board, shall not issue an Authorisation unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.

The Authorisation application complete in all respects shall be processed by the Meghalaya State Pollution Control Board within 90(ninety) days of the receipt of such application.

The Authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.

An Authorisation granted under this rule shall, unless suspended or cancelled, be in force during the period of its validity as specified by the Meghalaya State Pollution Control Board from the date of issue or from the date of renewal, as the case may be.

The Meghalaya State Pollution Control Board, may, after giving reasonable opportunity of being heard to the applicant refuse to grant any Authorisation.

The Member Secretary, Meghalaya State Pollution Control Board, or any officer designated by the Board, shall renew the Authorisation granted under Sub-rule (6), after examining each case on merit, subject to the following:-

on steps taken, by the applicant wherever feasible, for reduction and prevention in the waste generated or for recycling or reuse; and

on fulfillment of conditions prescribed in the Authorisation regarding management in an environmentally sound manner of wastes.

RULE 9:- RECORDS AND RETURNS:

1. The occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operations in Form 3.
2. The occupier and operator of a facility shall send annual returns to the  Meghalaya  State Pollution Control Board in Form 4.
3. The Meghalaya State Pollution Control Board shall prepare an inventory of hazardous wastes as nearly as possible to Form 4 within its jurisdiction and compile other related information like treatment and disposal of hazardous wastes based on the returns filed by respective occupier and operator of facility as per Sub-rule(2).

RULE 10:- ACCIDENT REPORTING AND FOLLOW-UP:

Where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous wastes, the occupier or operator of a facility shall report immediately to the Meghalaya State Pollution Control Board about the accident in Form 5.

RULE 18:- APPEAL:

1. An appeal shall lie, against any order of grant or refusal of an Authorisation by the Member Secretary, Meghalaya State Pollution Control Board, or any officer designated by the Board, to the Secretary, Department of Environment of the State Government, by whatever name called.
2. Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within 30(thirty) days of the receipt of the order passed.
3. Every appeal filed under this rule shall be disposed of within a period of 60(sixty) days from the date of such filing.

RULE 20:- RESPONSIBILITY OF WASTE GENERATOR

1. No owner or occupier generating non-ferrous metal waste specified in Schedule 4 or generating used oil or waste oil of ten tons or more per annum shall sell or auction such non-ferrous metal wastes, used oil or waste oil except to a registered re-refiner or recycler, as the case may be, who undertakes to re-refine of recycle the waste within the period of validity of his certificate of registration.
2. Any waste oil which does not meet the specifications laid down in Schedule 6 shall not be auctioned or sold but shall be disposed of in hazardous wastes incinerator installed with air pollution control devices and meeting emission standards.
3. The persons generating waste or auctioneers shall ensure that at the time of auction or sale, the period of validity of the certificate of registration of the registered re-refiner or recycler is sufficient to reprocess the quantity of wastes being sold or auctioned to him.
4. The waste generators and auctioneers shall ensure that the wastes are not allowed to be stored for more than 90(ninety) days and shall maintain a record of auctions and sale of such wastes and make these records available to the Meghalaya State Pollution Control Board for inspections.
5. The waste generators and auctioneers shall file Annual Returns of auction and sale in Form 13 latest by 31^st day of January of every year to the Meghalaya State Pollution Control Board.

HAZARDOUS WASTE GENERATING UNITS IN MEGHALAYA GRANTED AUTHORISATION UNDER THESE RULES (as of June 2007) (Click here)