BIO MEDICAL WASTE RULES, 2016 – AN OVERVIEW

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WHAT IS BIO-MEDICAL WASTE?

Bio-medical waste means any waste, which is generated during

  • Diagnosis or treatment or immunization of human beings or animals
  • research activities pertaining thereto
  • in the production or testing of biological
  • in health camps
  • including the categories mentioned in Schedule I appended to these rules

Application

These rules shall apply to all persons who

  • generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form including

hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, ayush 2 hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of schools, forensic laboratories and research labs.

WHO IS OCCUPIER

A person having administrative control over the institution and the premises generating bio-medical waste, which includes –

hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank, health care facility and clinical establishment, irrespective of their system of medicine and by whatever name they are called.

WHO IS OPERATOR

“operator of a common bio-medical waste treatment facility” means a person who owns or controls a Common Bio-medical Waste Treatment Facility (CBMWTF) for the collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste.”

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PRESCRIBED AUTHORITIES

  • The prescribed authority for implementation of the provisions of these rules shall be the State Pollution Control Boards in respect of States and Pollution Control Committees in respect of Union territories.
  • The prescribed authority for enforcement of the provisions of these rules in respect of all health care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories and blood banks of the Armed Forces under the Ministry of Defence shall be the Director General, Armed Forces Medical Services, who shall function under the supervision and control of the Ministry of Defence.

PROCEDURE FOR AUTHORISATION

Every occupier or operator handling bio-medical waste, irrespective of the quantity shall make an application in Form II to the prescribed authority i.e. State Pollution Control Board and Pollution Control Committee, as the case may be, for grant of authorisation and the prescribed authority shall grant the provisional authorisation in Form III and the validity of such authorisation for bedded health care facility and operator of a common facility shall be synchronised with the validity of the consents.

LIABILITY OF THE OCCUPIER, OPERATOR OF A FACILITY

  • The occupier or an operator of a common bio-medical waste treatment facility shall be liable for all the damages caused to the environment or the public due to improper handling of bio- medical wastes.
  • The occupier or operator of common bio-medical waste treatment facility shall be liable for action under section 5 and section 15 of the Act, in case of any violation.

By

SOUVIK DHAR
ASSISTANT PROFESSOR IN LAW
IILS

 

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