| File Note: |
• The Board had issued an office order no. SEE (HQ-2)/2020/475 dated 21.08.2020 regarding procedure for dealing application for obtaining one-time authorization by the trader for the import of scrap on behalf of ‘actual user’ as required under Part-D of Schedule-III of the Hazardous and other Waste (Management & Transboundary Movement) Rules, 2016. According to this office order, procedure and documentations for obtaining one time authorization from the Board under Rule-13 by a trader, who intend to import other wastes listed in Part-D of schedule-III, on behalf of actual user (s) as under-
1. One-time authorization shall be granted for a specified quantity of waste (e.g., 500 MT) and not in terms of per month (e.g., 500 TPM). As & when this specified quantity of waste is imported then the one-time authorization shall come to an end.
2. The validity for this one-time authorization shall be for a period of 18 months or till the specified quantity of waste for which authorization granted is imported, whichever is earlier.
3. All one-time authorizations earlier granted before 31.01.2019 shall deemed to have been cancelled. Authorization granted after 31.01.2019 shall be considered as expired after the completion of 18 months from the date of issue of such authorization. A public notice in this regard shall be given in the leading newspapers and the Customs Authorities shall also be appraised accordingly.
4. In case of failure to comply with the conditions of the authorization, the Board may suspend or cancel such authorization after affording an opportunity of hearing to the holder of the authorization and after recording the reasons thereof.
5. To avoid the multiple fee structure, revised processing fee suitable to the new procedure shall be as under:
a) Rs. 50 per Metric Ton (MT) with minimum fee of Rs. 2500/-
b) Payable to concerned Environment Engineer of the Regional office in whose jurisdiction, the godown is located.
c) In case of resubmission of application on account of refusal / cancellation / change of actual user, the trader has to deposit fresh processing fee.
d) In case of returning of application due to incompletions, no additional fee will be charged.
6. The trader shall have to obtain suitability certificate of the area for allowing the establishment of their godown (s) for storing scrap / waste from the following concerned authorities:
a) Concerned Municipal Authority: In case the godown is located within the Municipal Limits.
b) Concerned District Town Planner: In case the godown is located outside the Municipal Limits.
7. The revised documentation for obtaining onetime authorization by the trader on the behalf of actual user (s) as required under Part-D of Schedule-III of Hazardous and other waste (Management and Transboundary) Rules, 2016 is placed as per Annexure-A.
8. The format for issuance of one-time authorization is placed as Annexure-B.
• Thereafter, North India Importers Association, Mandi Gobindgarh had submitted a representation against the said office order mentioning various problems / issues arisen due to the new procedure. Accordingly, amended procedure was proposed and approved in the Board’s 185th meeting held on 07.01.2021.
• The amended procedure for obtaining one time authorization from the Board under Rule 13 by a trader, who intends to import other wastes listed in Part- Part-D of Schedule-III, on behalf of actual user(s), is as follow:
I. All the importers who have been granted One Time Authorization (OTA) as trader for import of scrap on behalf of ‘actual user’ as required under Part-D of Schedule-III of Hazardous and other Waste (Management & Transboundary Movement) Rules, 2016, shall have to obtain a fresh OTA from the Board through granted by the Board shall cease to be valid after 31.03.2021. All the importers shall have to clear all their pending dues with the Board for their previous imports upto 31.12.2020.
II. With effect from 01.04.2021, the authorized importers shall have to obtain permission for each consignment separately through online system as under:
a) All the traders are required to register / obtain one time authorization (OTA) afresh with the Board’s online system along with the registration fee of Rs. 5000/-
b) The validity of such OTA shall be for a period of five years only.
c) The location of the godown shall be allowed only in industrial zones or the areas admissible as per Master Plan or else the trader has to submit the suitability certificate of the area from concerned authorities for allowing the establishment of godown.
d) Once the trader has been granted OTA by the Board, he shall submit the online details of each consignment to be imported through OCMMS at least one month in advance along with online deposit of prescribed fee @ Rs. 30/- per Metric Ton (MT).
e) Concerned Regional Office shall examine the application as well as the details of consignment as per provisions of Part-D of Schedule-III of the Hazardous and other Waste (Management & Transboundary Movement) Rules, 2016 within 21 days, before granting the permission online.
f) In case of non-receipt of any objections / observations from Board, such permission shall be deemed to be granted. After 21 days, the importer shall be able to generate online permission from OCMMS for onward submission to concerned authorities.
g) The trader shall submit the quarterly returns by 7th of the succeeding month for the imported scrap during last quarter indicating details of the authorized actual users (having valid consents under Water Act, 1974 & Air Act, 1981 and authorization under HWM Rules, 2016) to which the imported material has been supplied, as per the format prescribed by the Board online.
h) In case of failure to comply as above or submission of false date online by the importer, the Board reserves the right to cancel / suspend the OTA / permission granted to the importer without any prior notice.
• Now, the trader has applied afresh for obtaining one time authorization for import of Iron & steel scrap @ 1000 MT and Aluminium scrap @ 100 MT on behalf of actual user as per Rule 13 of Hazardous & Other Waste Rules, 2016 and submitted all the requisite documents.The details of the documents submitted by the trader is as under-
Sr. No. List of Documents issued by Board Documents submitted by the trader Remarks
1. Form-7 as per Hazardous and Other Waste (Management & Transboundary) Rules, 2016 Yes --
2. Copy of VAT / GST Number Yes GST No.- 03BZPPB2357A1ZX
3. Copy of Import / Export Code issued to trader Yes BZPPB2357A
4. Copy of PAN Number Yes BZPPB2357A
5. Description and quantity of other waste to be imported as per Hazardous and other Waste (Management & Transboundary) Rules, 2016. Yes Iron & steel scrap @ 1000 MT, and Aluminium scrap @ 100 MT
6. Details of Storage of Raw Material / waste imported. Yes Plot No. F-64, Industrial Growth Centre, Mansa Road, Bathinda.
7. Site plan / Location Plan of the Godown. Yes --
8. Land documents of storage godown such as Registration deed/jamabandi/Rent deed/lease deed indicating details of the property. Yes The trader has submitted the allotment letter of godown from PSIEC.
Size – 45x100
9. List of authorized actual user (S) on behalf of trader intends to import other waste. Yes M/s Jagat Metals Pvt. Ltd., Village Ambey Majra, Mandi Gobindgarh
M/s Alumet Alloys, Gurusar Sehnewala, Bathinda
10. Copy of Consent to operate under the Water (Prevention and Control of Pollution) Act, 1974 OR under the Air (Prevention and Control of Pollution) Act, 1981 of each actual user on behalf of trader intends to import other waste showing the quantity of raw material (i.e., Hazardous and Other Waste (Management & Transboundary) Rules, 2016) consumption to compare with the quantity of Hazardous and Other Waste (Management & Transboundary) Rules, 2016 intends to import. Yes
11. Undertaking from authorized actual user (s) on behalf of trader intends to import other waste. Yes --
12. Undertaking from trader. Yes --
13. Application Processing Fee Yes Rs. 5000/- vide R.no. 263659610 dated 13.04.2024
• The trader has proposed to import iron & steel scrap and Aluminium Scrap which is covered at Basel No. B1010 of Part-D Schedule-III as tabulated below.
Basel No. Description of wastes
B1 Metal and metal-bearing wastes
B1010 Metal and metal-alloy wastes in metallic, non-dispersible form:
Iron and Steel Scrap 1000 MT
Aluminium scrap 100MT
• The trader has submitted an undertaking that M/s Jagat Metals Pvt. Ltd., Village Ambey Majra, Mandi Gobindgarh and M/s Alumet Alloys, Gurusar Sehnewala, Bathinda are the actual users of the scrap and these industries have valid consents to operate of the Board. Similarly, the industries have submitted an undertaking to the effect that M/s D.P. Exporters, Plot No. F-64, Industrial Growth Centre, Mansa Road, Bathinda is going to import the scrap on behalf of their industries and they will consume the same in their industry.
• The trader has submitted an allotment letter issued by PSIEC, Bathinda to the name of M/s Prama Industries, F-64, Industrial Growth Centre, Mansa Road, Bathinda the department has allowed to use the said plot for fabrication purposes. Further, the trader has submitted copy of lease deed executed between Sh. Pardeep Kumar s/o Sh. Sikander Lal, Partner of M/s Prama Industries, F-64, Industrial Growth Centre, Mansa Road, Bathinda and D.P. Exports.
• In view of above, it is recommended that one-time authorization may be granted to the trader M/s D.P. Exporters, Plot No. F-64, Industrial Growth Centre, Mansa Road, Bathinda for import of Iron & steel scrap @ 1000 TPM, and Aluminium scrap @ 100 MT on the behalf of M/s Jagat Metals Pvt. Ltd., Village Ambey Majra, Mandi Gobindgarh M/s Alumet Alloys, Gurusar Sehnewala, Bathinda for a period of five years subject to the suitable conditions along with the following special conditions that-
1. The trader shall obtain permission from the Board for each consignment and shall submit online details of each consignment to be imported through OCMMS atleast one month in advance along with online deposit of prescribed fee @ 30/- per MT.
2. The trader shall submit the quarterly returns by 7th of the succeeding month for the imported scrap during last quarter indicating details of the authorized actual users (having valid consents under Water Act, 1974 & Air Act, 1981 and authorization under HWM Rules, 2016) to which the imported material has been supplied, as per the format prescribed by the Board online.
|
