e-waste (Management and Handling) Rules, 2011

E-waste is among the fastest growing waste streams across the world today, fuelled by exponential growth in the use of electronic equipment, especially Personal Computers and their rapid obsolesce. E-wastes are considered dangerous and the disposal of e-waste is a major problem because of the presence of toxic elements such as lead, cadmium, lead oxide (in cathode ray tubes), toxic gases, toxic metals, biologically active materials, acids, plastics and plastic additives. These substances are considered hazardous depending on their condition and density.

For the first time, the Ministry of Environment and Forests has notified the e-waste (Management and Handling) Rules, 2011. These rules have come info effect from 1^st May, 2012. The e-waste (management and handling) Rules, 2011 recognises the producers’ liability for recycling and reducing e-waste in the country. These rules have the potential to turn a growing problem into a development opportunity.

The said rules consists of VI Chapters and III Schedules.

1. Application:-

   Applicability of the Rules	Rule doesn’t apply
   These rules shall apply to every producer, consumer or bulk consumer involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components as specified in Schedule-I of these rules, collection centre, dismantler and recycler of e-waste	batteries as ,covered under the Batteries (Management and Handling) Rule, 2001 made under the Act; Micro and small enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there under.

2. Chapter II deals with the responsibilities entrusted on various agencies which are as follows:

   1. Responsibilities of the producer: The producer of electrical and electronic equipment listed in Schedule I shall be responsible for:

      1. collection of e-waste generated during the manufacture of electrical and electronic equipment and channelizing it for recycling or disposal;

      2. collection of e-waste generated from the ‘end of life’ of their products in line with the principle of ‘Extended Producer Responsibility’ and to ensure that such e-wastes are channelized to registered dismantler or recycler. Producer shall, as necessary, ensure collection and channelization by authorizing collection agencies;

      3. setting up collection centers or take back systems either individually or collectively;

      4. financing and organizing a system to meet the costs involved in the environmentally- sound management of e-waste generated from the ‘end of life’ of its own products and historical waste available on the date from which these rules come into force. The financing arrangement of such a system shall be transparent. The producer may choose to establish such a system either individually or by joining a collective scheme;

      5. providing contact details such as address, telephone numbers/helpline number of authorized collection centers to consumer(s) or bulk consumer(s) so as to facilitate return of used electrical and electronic equipment;

      6. creating awareness through publications, advertisements, posters, or by any other ‘means of communication and information booklets accompanying the equipment, with regard to-

         1. information on hazardous constituents as specified in sub-rule 1 of rule 13 in electrical and electronic equipment;

         2. information on hazards of improper handling, accidental breakage, damage and/or improper recycling of e-waste;

         3. instructions for handling the equipment after its use, along with the Do’s and Don’ts;

         4. affixing a visible, legible and indelible symbol given below on the products or information booklets to prevent e-waste from being dropped in garbage bins containing waste destined for disposal;

      7. obtaining an authorization from the concerned State Pollution Control Board (SPCB) or Pollution Control Committee in accordance with the procedure under rule 9

      8. maintaining records and filing return

   2. Responsibilities of collection centers — The Collection center’s shall-

      1. Obtain an authorization in accordance with the procedure under rule 9 from the SPCB or Pollution Control Committee concerned as the case may be and provide details such as address, telephone numbers/helpline number, e-mail, etc. of such collection centre to the general public;

      2. ensure that the e-waste collected by them is stored in a secured manner till it is sent to registered dismantler(s) or recycler(s) as the case may be;

      3. ensure that no damage is caused to the environment during storage and transportation of e-waste;

      4. file annual returns and maintaining record

   3. Responsibilities of consumer or bulk consumer.

      1. Consumers or Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them is channelized to authorized collection center(s) or registered dismantler(s) or recycler(s) or is returned to the pick-up or take back services provided by the producers; and

      2. bulk consumers shall maintain records of e-waste generated by them in Form 2 and make such records available for scrutiny by the SPCB or the Pollution Control Committee concerned.

   4. Responsibilities of dismantler — Every dismantler shall

      1. obtain authorization and registration from the SPCB in accordance with the procedure under the rules 9 and 11;

      2. ensure that no damage is caused to the environment during storage and transportation of e-waste;

      3. ensure that the dismantling processes do not have any adverse effect on the health and the environment;

      4. ensure that the facility and dismantling processes are in accordance with the standards or guidelines published by the Central Pollution Control Board from time to time;

      5. ensure that dismantled e-waste are segregated and sent to the registered recycling facilities for recovery of materials;

      6. ensure that non-recyclable/non- recoverable components are sent to authorized treatment storage and disposal facilities;

      7. file a return

      8. not process any e-waste for recovery or refining of materials, unless he is registered with—SPCB as a recycler for refining and recovery of materials.

   5. Responsibilities of recycler— Every recycler shall-

      1. obtain authorization and registration from SPCB in accordance with the procedure under the rules 9 and 11;

      2. ensure that the facility and recycling -processes are in accordance with the standards laid down in the guidelines published by the Central Pollution Control Board from time to time;

      3. make available all records to the Central or State Pollution Control Board or Pollution Control Committee of Union Territories for inspection

      4. ensure that residue generated thereof is disposed of in a haZardous waste treatment storage disposal facility;

      5. file annual returns within the due date.

3. Further Chapter III of the Rules deals with the procedure for seeking authorization and registration for handling e-wastes.

   1. Procedure for grant of authorization.

   2. Procedure to suspend or cancel a authorization.

   3. Procedure for registration with State Pollution Control Board.

4. Chapter IV of the Rules deals with Procedure for storage of e-waste

   The e-waste may be stored for a period not exceeding 180 days and the records pertaining to its collection, sale, transfer, storage and segregation of wastes shall be maintained and made available for inspection. The period of storage may be extended upto one year under special circumstances as specified.

5. Chapter V Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment-

   The producer of electrical and electronic equipment shall ensure that, new electrical and electronic equipment does not contain lead, mercury, cadmium, polybrominated biphenyls or polybrominated diphenyls. Provided that the maximum concentration value of 0.1% by weight in homogeneous materials of these chemicals is permitted.

6. Chapter VI deals with the following:

   1. Duties of Authorities

   2. Annual Report

   3. Transportation of e- waste

   4. Accident reporting and follow up

7. Schedule I to the rules specifies the categories of electrical and electronic equipment.

8. Schedule II to the rules specifies applications, which are exempted from the requirement of sub rule (1) of rule 13.

9. Schedule III to the rules specifies list of Authorities and their Corresponding Duties.

Industry Scenario:

In lieu of these rules, the recyclers are trying to address this problem by offering their own take back schemes, akin to the ones that manufacturers offer. Recyclers have launched a consumer initiative wherein a consumer can log on to the Web site and request the pickup of a old electronic products. The company officials will pick it up from the consumer’s home and assess a certain value for the device and pay the consumer accordingly. Initiatives from manufacturers like Dell, Cisco, Nokia and others have started to address this issue.

A few company’s policy is to offer consumers free recycling for any of their branded product at any time and free recycling for other branded products against purchase of new product. Some Company’s as a part of its free recycling policy, actually picks up the unit to be recycled from the consumer location at a designated, pre-fixed mutually convenient time and also offer discount voucher to customers that return their non-working laptop/electronic gadgets for recycling.

Some Companies follow global guidelines when it comes to the management of e-waste from product design, to packaging, to documentation, through end of useful life. The networking vendor offers customers trade-in, take back and recycling opportunities, to extend the life of some products and encourage responsible recycling and disposal of others.

There are Companies which choose all its suppliers, including recyclers and refurbishes’, with high compliance standards.

Conclusion :

The Government must ensure that the rules are implemented and monitor the same and even more importantly, it must take up the responsibility of creating awareness about the rules and informing the public at large where it can dispose of its e-waste.