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Hazardous Waste and Its Treatment Process   123


               (xiv)  Municipal Wastes (Management and Handling) Draft Rules, 1999.
               (xv)  Hazardous Waste (Management and Handling) Amendment Rules,
                     2000.
                 Because of these amendments, the legal management of hazardous sub-
              stances in India will now be applicable to 44 industrial processes, as specified
              in Schedule I of the Rules. The penal provisions for noncompliance under
              Hazardous Waste (Management and Handling) Amended Rules 2000 and
              Environment (Protection) Act, 1986, are:
                 The State Pollution Control Board has the power to cancel any autho-
                 rization issued under these rules or suspend it for such duration, as it
                 thinks the authorized person has failed to comply with any of the con-
                 ditions of the authorization or with any provisions of the Act of these
                 rules, after giving the authorized person an opportunity to show cause
                 and after recording reasons therefore.
                 Furthermore, the operator, occupier, and transporter of a facility shall
                 be accountable for reimbursements caused to the environment resulting
                 due to improper disposal of hazardous waste listed in Schedule 1, 2, and
                 3 of The Hazardous Waste (Management and Handling) Amendment
                 Rules, 2000. The occupier and operator of a facility shall also be liable to
                 reinstate or restore damaged or destroyed elements of the environment.
                 The occupier and operator of a facility shall be liable to pay a fine as
                 levied by the SPCB with the approval of the Central Pollution Control
                 Board (CPCB) for any violation of the provisions under these rules. An
                 appeal shall lie against any order of grantor refusal of an authorization
                 by the Member Secretary, SPCB, etc., to the Secretary, Department of
                 Environment of the State.


              9.3  HAZARDOUS WASTE: IDENTIFICATION
              AND CLASSIFICATION
              Hazardous wastes can be described as wastes that may or tend to cause adverse
              health effects on the ecosystem as well as on human beings. These wastes pose
              potential risks to human health and to other living organisms as well, due to
              the fact that they: can be biologically magnified; are persistent in nature; are
              highly toxic and lethal even at very low concentrations. The criteria used
              to determine the hazardous nature of waste include toxicity, phytotoxicity,
              bio-concentration, and genetic activity [7]. The threat to public health and
              the environment of a given hazardous waste depends upon the quantity and
              characteristics of the waste  involved. Wastes are secondary materials, which are
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