E Waste Rules

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E-Waste


E-Waste means electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects form manufacturing, refurbishment and repair processes.

 

E-Waste Management Rules, 2016 have been notified vide notification no. G.S.R. 338 (E) dated 23.3.2016 and are come into force w.e.f. 1st October, 2016 and amended vide notification no. G.S.R. 261 (E) dated 22.3.2018.

 

Salient features of E-Waste Management Rules, 2016. 

 

These rules are applicable to every manufacturer, producer, consumer, bulk consumer, collection centres, dealers, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational.

  • BULK CONSUMER  means bulk users of electrical and electronic equipment such as Central Government or State Government Departments, public sector undertakings, banks, educational institutions, multinational organisations, international agencies, partnership and public or private companies that are registered under the Factories Act, 1948 (63 of 1948) and the Companies Act, 2013 (18 of 2013) and health care facilities which have turnover of more than one crore or have more than twenty employees.
  • CONSUMER  means any person using electrical and electronic equipment excluding the bulk consumers.

Responsibility of bulk consumer or consumer

  1. To ensure that e-waste generated by them is channelised through collection centre or dealer of authorised producer or dismantler or recycler or through the designated take back service provider of the producer to authorised dismantler or recycler;
  2. To ensure that such end-of-life electrical and electronic equipment are not admixed with e-waste containing radioactive material as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder.
  3. To maintain records of e-waste generated by them in Form-2.
  4. To file annual return in Form-3 to the concerned State Pollution Control Board (SPCB) on or before the 30th day of June following the financial year.  
  • DEALER means any individual or firm that buys or receives electrical and electronic equipments as listed in Schedule-I and their components or consumables or parts or spares from producers for sale.

Responsibilities of Dealer

  1. In the case the dealer has been given the responsibility of collection on behalf of the producer, the dealer shall collect the e- waste by providing the consumer a box, bin or a demarcated area to deposit e- waste, or through take back system and send the e-waste so collected to collection centre or dismantler or recycler as designated by producer;
  2. To refund the amount as per take back system or Deposit Refund Scheme of the producer to the depositor of e-waste;
  3. To ensure that the e-waste thus generated is safely transported to authorised dismantlers or recyclers.
  4. To ensure that no damage is caused to the environment during storage and transportation of e-waste.
  • DISMANTLER means any person or organisation engaged in dismantling of used electrical and electronic equipment into their components and having facilities as per the guidelines of Central Pollution Control Board and having authorisation from concerned State Pollution Control Board.

Responsibilities of Dismantler

  1. To ensure that the facility and dismantling processes are in accordance with the standards or guidelines prescribed by CPCB.
  2. To obtain authorisation from the concerned SPCB.
  3. To ensure that no damage is caused to the environment during storage and transportation of e-waste;
  4. To ensure that the dismantling processes do not have any adverse effect on the health and the environment;
  5. To ensure that dismantled e-waste are segregated and sent to the authorised recycling facilities for recovery of materials;
  6. To ensure that non-recyclable or non-recoverable components are sent to authorised treatment storage and disposal facilities;
  7. To maintain record of e-waste collected, dismantled and sent to authorised recycler in Form-2.
  8. To file annual return in Form-3 to the concerned SPCB on or before 30th day of June following the financial year.  
  • E-RETAILER means an individual or company or business entity that uses an electronic network such as internet, telephone to sell its goods.
  • PRODUCER means any person who, irrespective of the selling technique used such as dealer, retailer, e-retailer, etc.
  1. manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or
  2. Offers to sell under its own brand, assembled electrical and electronic equipment and their components or consumables or parts or spares produced by other manufacturers or suppliers; or
  3. offers to sell imported electrical and electronic equipment and their components or consumables or parts or spares;

EXTENDED PRODUCER RESPONSIBILITY (EPR)  means responsibility of any producer of electrical or electronic equipment, for channelisation of e-waste to ensure environmentally sound management of such waste. EPR may comprise of implementing take back system or setting up of collection centres or both and having agreed arrangements with authorised dismantler or recycler either individually or collectively through a Producer Responsibility Organisation recognised by producer or producers in their Extended Producer Responsibility Authorisation.

Extended Producer Responsibility - Authorisation’ means a permission given by Central Pollution Control Board to a producer, for managing Extended Producer Responsibility with implementation plans and targets outlined in such authorisation including detail of Producer Responsibility Organisation and e-waste exchange, if applicable.

Extended Producer Responsibility Plan’ means a plan submitted by a producer to Central Pollution Control Board, at the time of applying for Extended Producer Responsibility - Authorisation in which a producer shall provide details of e-waste channelisation system for targeted collection including detail of Producer Responsibility Organisation and e-waste exchange, if applicable;

Producer Responsibility Organization

A professional organization authorized or financed collectively or individually by producers, which can take the responsibility for collection and channelisation of e-waste generated from the end of life of their products to ensure environmentally sound management of such e-waste.   

Responsibilities of Producer

 

To implement the Extended Producers Responsibility (EPR) with the following frameworks, namely:-

  1. Collection and channelisation of e-waste.
  2. Collection of waste Electrical and Electronic Equipment from the Electrical and Electronic Equipment placed on the market earlier, such as through dealer, collection centres, Producer Responsibility Organisation, through buy-back arrangement, exchange scheme, Deposit Refund System, etc. whether directly or through any authorised agency and channelising the items so collected to authorised recyclers;
  3. providing contact details such as address, e-mail address, toll-free telephone numbers or helpline numbers to consumer(s) or bulk consumer(s) through their website and product user documentation so as to facilitate return of end-of-life electrical and electronic equipment;
    1. creating awareness through media, publications, advertisements, posters, or by any other means of communication and product user documentation accompanying the equipment, with regard to information on address, e-mail address, toll-free telephone numbers or helpline numbers and website;
    2. information on hazardous constituents as specified in sub-rule 1 of rule 16 in electrical and electronic equipment;
    3. information on hazards of improper handling, disposal, accidental breakage, damage or improper recycling of e-waste;
    4. instructions for handling and disposal of the equipment after its use, along with the Do’s and Don’ts;
    5. affixing a visible, legible and indelible symbol on the products or product user documentation to prevent e-waste from being dropped in garbage bins containing waste destined for disposal;
    6. means and mechanism available for their consumers to return e-waste for recycling including the details of Deposit Refund Scheme, if applicable.
    7. To implement Extended Producer Responsibility individually or collectively. In individual producer responsibility, producer may set up his own collection centre or implement take back system or both to meet Extended Producer Responsibility. In collective system, producers may tie-up as a member with a Producer Responsibility Organisation or with e-waste exchange or both. It shall be mandatory upon on the individual producer in every case to seek Extended Producer Responsibility - Authorisation from CPCB.
    8. To provide information on the implementation of Deposit Refund Scheme to ensure collection of end-of-life products and their channelisation to authorised dismantlers or recyclers, if such scheme is included in the Extended Producer Responsibility Plan.
    9. Import of electrical and electronic equipment shall be allowed only to producers having Extended Producer Responsibility authorisation.
    10. To maintain records in Form-2 of the e-waste handled.
    11. To file annual return in Form-3 to CPCB on or before the 30th day of June following the financial year.
  • COLLECTION CENTRE  means a centre or a collection point or both established by producer individually or as association jointly to collect  e-waste  for channelising the e-waste to recycler and play such role as indicated in the authorisation for Extended Producer Responsibility granted to the producer and having facilities as per the guidelines of Central Pollution Control Board, including the collection centre established by the dismantler or refurbisher or recycler which should be a part of their authorisation issued by the State Pollution Control Board where the facility exists.

Responsibilities of Collection Centre

  1. To collect e-waste on behalf of  producer or dismantler or recycler or refurbisher including those arising from orphaned products;
  2. To ensure that the e-waste collected is stored in a secured manner till it is sent to authorised dismantler or recycler as the case maybe;
  3. To ensure that no damage is caused to the environment during storage and transportation of e-waste;
  4. To maintain records in Form-2 of the e-waste handled.
  • RECYCLER means any person who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components and having facilities as elaborated in the guidelines of Central Pollution Control Board.

Responsibilities of Recycler

  1. To obtain authorisation from concerned SPCB.
  2. To ensure that no damage is caused to the environment during storage and transportation of e-waste;
  3. To maintain record of e-waste collected, dismantled, recycled and sent to authorised recycler in Form-2.
  4. To file annual return in Form-3 to the concerned SPCB on or before 30th day of June following the financial year. 
  • REFURBISHER means any company or undertaking registered under the Factories Act, 1948 or the Companies Act, 1956 or both or District Industries Centre, engaged in refurbishment of used electrical and electronic equipment.

Responsibilities of Refurbisher:

  1. To make an application in Form 1(a) to the SPCB for grant of one time authorisation.
  2. SPCB shall authorise the Refurbisher on one time basis.
  3. To submit details of e-waste generated to the SPCB on yearly basis.
  4. To ensure that no damage is caused to the environment during storage and transportation of e-waste.
  5. To ensure that the refurbishing process do not have any adverse effect on the health and the environment.
  6. To maintain records of the e-waste handled in Form-2.            
  7. To file annual return to SPCB in Form-3 to the on or before the 30th day of June following the financial year.
  • TRANSPORTER means a person or company or entity engaged in the off-site transportion of e-waste by air, rail, road or water carrying a manifest system issued by the person or company or entity who has handed over the e-waste to the transporter, giving the origin, destination and quantity of the e-waste being tranported. 

Responsibilities of Transporter

To carry out transportation of e-waste as per the manifest system whereby the transporter shall be required to carry a document (three copies) prepared by the sender, giving the details as per Form-6.

  • STORAGE OF E-WASTE every manufacturer, producer, bulk consumer, collection centre, dealer, refurbisher, dismantler and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of collection, sale, transfer and storage of wastes and make these records available for inspection.

Provided that the concerned State Pollution Control Board may extend the said period up to three hundred and sixty five days in case the waste needs to be specifically stored for development of a process for its recycling or reuse

  • ACCIDENT REPORTING  Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the accident through telephone and e-mail.