Applying legal requirements in hazardous waste management.


Our applicable hazardous waste management and handling rules says this in rule 7, Chapter II :

Storage of hazardous waste:
The occupier, recycler, re-processor, re-user and operators of facilities may store the hazardous waste for a period not exceeding ninety days (90 days) and shall maintain a record of sale, transfer, storage, recycling, and reprocessing of such waste and make these records available for inspection:
Provided that the state pollution control board may extend the said period in following cases namely. ?
(i) Small generators up to ten tons per annum;

If I come under (i) above, can I store the hazardous waste for more than 90 days in my premises without writing and getting the permission for extended storage period from the enforcing authority?
If I have not made an application to the authorities, and store the hazardous waste in the premises exceeding 90 days being a small generator., can this then be a NC on application legal and other requirements?
Dear Somashekar,

Storing of the hazardous waste in your premises for more than 90 days is violation of the Haz. Waste (M, H & TB) Rules, unless you are explicitly authorized by the State Pollution Control Board to store the said waste for more than 90 days.

Indeed storing the Haz. waste beyond 90 days without the authorization of the State PCB, may be considered by the auditor (depending on the evidence he gets) as an NC:

(a) with respect to 4.3.2 (i.e. through your procedure you have not identified this as a legal requirement) or

(b) with respect to (i.e. you have not identified this as a violation of legal requirements through your established procedure and have not taken the required corrective and preventive action)

With kind regards,

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