NOTIFICATION

New Delhi, the 24^th May, 2000

S.O. 491(E). - The following draft of the Battery (Management and Handling) Rules 2000, which the Central Government proposes to make in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), are hereby published for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of sixty days from the date on which copies of the Gazette of India containing this notification are made available to the public;

Any person desirous of making any suggestion or objection in respect to the said draft rules may forward the same for consideration to the Central Government within the period so specified to the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi- 110 003.

DRAFT RULES

1. Short Title and Commencement. -

1. (1) These rules may be called the Batteries (Management and Handling) Rules, 2000.

2. (2) They shall come into force on the date of their publication in the Official Gazette.

2. Application. -These rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, recycler, re-smelter, auctioneer, consumer and bulk consumer involved in manufacture, processing, sale and purchase of batteries.

3. Definitions. - In these rules, unless the context otherwise requires, -

1. ‘Act’ -means the Environment (Protection) Act, 1986 (29 of 1986);
2. ‘assembler’-means a person who manufactures lead acid batteries by assembling various components;
3. ‘auction’ - means bulk sale of used lead acid batteries by invitation of tenders/auction, contract or negotiation by individual(s), companies or Government Departments ;
4. ‘auctioneer’- means a person who auctions used Lead Acid Batteries;
5. ‘battery’- means lead acid battery which is a source of electrical energy and contains lead metal;
6. ‘bulk consumer’ – means a consumer ,such as, Central or State Government, Departments like Railways, Defence, Power, Surface Transport and other Government and private institutions who directly buy lead acid batteries from the manufactures;
7. ‘consumer’- means a person using lead acid battery;
8. ‘dealer’- means a person who sells and receives lead acid batteries to and from the consumer/other dealers/retailers on behalf of the manufacturers, importers, assemblers and reconditioners;
9. ‘importer’ –means a person who imports new lead acid batteries in bulk;
10. ‘manufacturer’- in relation to any factory manufacturing lead acid batteries means a person or Chief Executive Officer (CEO) of a company who has control over the affairs of the factory or the premises for sale and collection of lead acid batteries;
11. ‘original equipment manufacturer (OEM)’ - means manufacturer of equipment or product using lead acid batteries as a component;
12. ‘reconditioner’ -means a person involved in repairing of lead acid batteries for selling the same in the market;
13. ‘recycler’-means a person who processes old or used lead acid batteries or other lead bearing materials for recovering lead ;
14. ‘registered recycler’- means an occupier registered with Ministry of Environment and Forests (MoEF) for reprocessing of lead acid batteries and/or lead bearing material;
15. ‘State Boards’- means the concerned State Pollution Control Board or the Committee as the case may be ;
16. ‘used batteries’-means used, damaged and old lead acid batteries and parts thereof;

4. Responsibilities of manufacturer, importer, assembler and re-conditioner .- It shall be the responsibility of each manufacturer, importer, assembler and re-conditioner to-

1. ensure that an equal number of batteries are collected back against new batteries sold ;
2. file a quarterly return of their sales and buy-back to the State Board in Form- I ;
3. set up collection centers at various places for collection of used batteries;
4. ensure that used batteries collected are sent only to the authorised recyclers in the absence of in-house recycling facility;
5. ensure that necessary arrangements with dealers for safe transportation from collection centers to the premises of authorised recyclers or in-house recycling facilities are made;
6. ensure that no damage to the environment occurs during transportation and reprocessing of used lead acid batteries;
7. issue advertisements from time to time-

(a) warning people of the hazards of lead;

(b) to return their used batteries only to the authorised dealers;

(c) about discounts offered; and

(d) addresses of dealers and collection points.

8. use the international recycling sign on the Batteries except on imported batteries;
9. buy recycled lead only from authorised recyclers;
10. enter into an agreement with the bulk consumers for return of all used batteries (excluding original equipment manufacturer batteries) to either the manufacturer or an authorised recycler; and
11. bring to the notice of the State Board or the Ministry of Environment and Forests any violation by the dealers.

5. Importer to furnish an undertaking.- Every importer shall furnish an undertaking in Form -II, to the Government of India in the Ministry of Environment and Forests before importing batteries in bulk that the equal number of used batteries shall be collected back and shall be sent to the authorised recyclers only.

6. Responsibilities of dealer.-It shall be the responsibility of a dealer to-

1. give appropriate discount in lieu of receipt of used batteries to the consumer;
2. ensure that an equal number of batteries are collected back against new batteries sold during each year ;
3. file a quarterly return of his sales and buy-back to the manufacturer in Form- I;
4. ensure safe transportation of collected batteries to the collection points or to the recyclers authorised by Ministry of Environment and Forests ;
5. ensure that no damage occurs to the environment during storage and transfer of batteries.

7. Registration of recyclers and conditions for reprocessing.- Each recycler shall

1. apply to the Ministry of Environment and Forests in Form-III and get himself registered for reprocessing of used batteries and parts thereof;
2. store and reprocess the used batteries in a safe manner;
3. dispose of the waste generated without causing damage to the environment;
4. submit solid waste disposal plan to the State Board and obtain their approval;
5. submit annual returns as per the Hazardous Wastes (Management and Handling) Rules, 1989 as amended from time to time to the State Board;
6. make available all records to the State Board for inspection;
7. mark ‘Recycled’ on lead recovered by reprocessing;
8. issue advertisements from time to time-

1. warning people of the hazards of lead poisoning; and
2. to return their used batteries only to the authorised dealers and the designated collection centers.

8. Responsibility of consumer or bulk consumer.- It shall be the responsibility of the consumer or bulk consumer to-

1. ensure that used batteries are not discarded in any other manner except by depositing it with the dealer, importer, assembler, authorised recylcer, reconditioner or at the designated collection centers;
2. avail the discount provided by the dealer in lieu of used battery; and
3. return all used batteries to the manufacturer or authorised recycler as per the provisions of buy- back agreement with the manufactures in case of bulk consumers.

9. Auction.- A person, who is responsible for auction shall-

1. ensure that used batteries are sold to the authorised recyclers only;
2. file quarterly returns of their auctions to the State Boards in Form-I; and
3. maintain a record of such auctions and make these available for inspection by the State Board.

10. Monitoring and Compliance.- It shall be the responsibility of the State Board to-

1. ensure compliance with the rules; and
2. file an annual compliance status report to the Central Pollution Control Board, 15 days before the end of the calender year.

(2) The Central Pollution Control Board shall compile and publish the data so received every year from the State Pollution Control Boards or the State Pollution Control Committees.

FORM –I

[ see rule 4(iii), 6(iv) and 9(ii) ]

FORM FOR FILING QUATERLY RETURNS OF BUY BACKS AND SALE OF LEAD ACID BATTERIES AND LEAD SCRAP

1.	Name and address of the manufacturer/ importer / delar / reconditioner / assembler/ auctioneer / seller
2.	Contact person
3.	Number and Location of sales counters
4.	Installed capacity to manufacture/sale/ Lead Acid Batteries
5.	Total number of batteries sold during the --------(I,II,III and IV ) quarter of the year -----
6.	Name and location of the manucturer/Importer/Assembler/ Reconditioner/consumer from whom batteries purchased
7.	Name and location of the designated collection point
8.	Total number/quantity of batteries collected back
9.	Name, address and locations at which collected betteries were sent
9.	Transporter used for transporting used batteries
10.	Quantity /number of batteries sent to

Place------------

Date-------

Signature of the authorised person

FORM II

[see rule 5 (1)]

UNDERTAKING

To

The Director

Ministry of Environment and Forests

CGO Complex, Lodi Road

New Delhi- 110 003

I-------------------------------of M/S -------------------------hereby submit that I am in the process of Importing ------------------MT of Lead Acid Batteries from M/S---------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------(Name and address of the exporting agency). The consignment is expected by ------------------------(Date, month and year) at ------------------------------------------------------------------------------------------------------------------port (name and address of the port) which shall be stored at --------------------------------------------------(name and address) and shall be delivered to M/S-----------------------------------------------------------or sold to ---------------------------------------------.

I undertake that I shall collect back an equal number of batteries in lieu of the new batteries imported and sold and shall send these only to the authorised agencies or recyclers registered with the Ministry of Environment and Forests. I further undertake that I shall submit quarterly returns as per rule 4 (iii) to the State Board and abide by their directions, if any.

Date:

Place:

FORM – III

(see rule 7 (i))

FORM FOR

REGISTRATION OF FACILITIES POSSESSING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICE FOR RECYCLING OF USED LEAD ACID BATTERIES AND LEAD SCRAP

{To be submitted in triplicate}

 

1.	Name & Address of the unit
2.	Contact person with designation, Tel./Fax
3.	Date of Commissioning
4.	No. of Workers (including contract laborers)
5.	Consent Validity	Air Act, 1981 Valid up to
		Water Act, 1974 Valid up to
6.	Authorisation under rule 5 of the Hazardous Waste (Management and Handling ) Rules, 1989	Valid up to
7.	Installed capacity (MTA)
8.	Product Manufactured (Tones/year)	1998-99	1997-98	1996-97
	Name:
	(a)
	(b)
	(c)
9.	Raw material consumption (Tones/year)	1998-99	1997-98	1996-97
	Name:
	(a)
	(b)
	(c)
10.	Manufacturing Process	Please attach manufacturing process flow diagram for each product (s)
11.	Water Consumption	Industrial m3/day
		Domestic m3/day
12.	Water Cess paid up to
13.	Waste water generation	Industrial/Domestic
	a. as per consent m3/day
	b. actual m3/day (average of last three months)
14.	Waste waters treatment (please provide flow diagram of the treatment scheme)	Industrial
		Domestic
15.	Waste water discharge	Quantity m3/day
		Location
		Analysis of treated waste water PH, BOD, COD, SS, O&G, Any other
16.	Air Pollution Control
	Please provide flow diagram for emission control system(s) installed for each process unit, utilities etc.
	Details of facilities provided control of fugitive emission due to material handling, process, utilities etc.
17.	Fuel Consumption
18.	Stack emission monitoring results	S.Number	Name	Quantity	D/M
19.	Occupational safety and Health aspects	Please provide details of facilities provided
20.	Remarks
	Whether industry has provided adequate pollution control system/ equipment to meet the standards of emission/effluent.	Yes/No.
	Whether industry is in compliance with conditions laid down in the Hazardous Waste Authorisation.	Yes/No.
	whether Hazardous Waste collection and Treatment, Storage and Disposal Facility (TSDF) are operating satisfactorily.	Yes/No.
	whether conditions exists or likely to exists of the material being handled/ processed of posing immediate or delayed adverse impacts on the environment.	Yes/No.
	whether conditions exists or is likely to exists of the material being handled/ processed by any means capable of yielding another material e.g., leachate which may possess eco-toxicity.	Yes/No.
21.	Any other information:
	i)
	ii)
	iii)
Signature Name Designation Date: … Place:

[File No. 23-5/98-HSMD]

Shri V. Rajagopalan, Jt. Secy.

MINISTRY OF ENVIRONMENT AND FORESTS

CORRIGENDUM

New Delhi, the 23^rd June, 2000

S.O. 593(E) .- In the notification of the Government of India in the Ministry of Environment and Forests No. S.O.491 (E) dated the 24^th May, 2000, published at Pages 1 to 16 of the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) dated the 25^th May 2000: -

In the said notification, --

1. in rule 4,--

1. In sub-rule (I), for "of batteries" read "of used batteries";
2. In sub-rule (iv), (v), (ix) and (x), for "authorised recyclers" read "registered recycler', and
3. In sub-rule (vi), for "lead acid batteries" read batteries";

1. In rule 5, for "authorised recyclers" read "registered recycler";
2. In rule 6,--

1. in sub-rule (ii), for "of batteries" read "of used batteries";
2. in sub-rule (iv), for "authorised by" read "registered with";

1. in rule (8), in sub-rule (i) & (iii), for "authorised recyclers" read "registered recyclers";
2. in rule 9, in sub-rule (i), for "authorised recyclers" read "registered recyclers";
3. in rule 10, in sub-rule (2), for "State Pollution Control Boards of the State Pollution Control Committees" read "State Boards";

[ File No. 23-5/98- HSMD]

V. RAJAGOPALAN, Jt . Secy.