Introduction

To defend the environment and humans from pollution, Bio-Medical Waste (Management and Handling) Rules have been established. The rule describes the effective methods of proper disposal of bio-medical waste. There are many types of waste considered Bio-medical waste.

Here are some of the noticeable biomedical wastes:-

• Dead bodies of humans, body parts, organs
• Animal waste
• Needles, syringes, broken glass
• Medicines discarded by the hospitals, chemicals
• Bandages, material contaminated with blood
• Incineration ash

Applicability of BWM Rules 1998

As per Bio-Medical Waste Management Rules, 2016 all those 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 hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation, first aid rooms of schools, forensic laboratories and research labs.

BMW rules are not Applicable to:

1. Radio-active waste covered under Atomic Energy Act, 1962
2. Hazardous waste covered under manufacture, storage and import of Hazardous Chemical Rules, 1989
3. Solid waste covered under Municipal solid waste (Management and Handling) Rules, 2000
4. E-waste covered E-waste (Management and Handling) Rules, 2011
5. Hazardous micro-organisms, genetically engineered micro-organisms and cells covered under the manufacturer, use, import, export, and storage of Hazardous Microorganisms, genetically engineered micro-organisms or cells Rules, 1989

Bio-Medical Waste leads to various diseases causing intensive distress to individuals living on this planet and that is the reason why it needs to be disposed of properly. For improving the system of collection, segregation, processing, and treatment of bio-medical waste, the rule lays down some duties that must be followed by every occupier or operator of the bio-medical waste and also the procedure of authorization.

Duties of the Occupier under BMW

• The prime duty of the occupier of Bio-Medical Waste Management Rules, 1998 is to take the obligatory steps for handling bio-medical waste properly without causing any harm to the environment and humans.
• Second duty states that the occupier must construct a plan in the manner as specified in Schedule I, for a safe, ventilated and secured location for storage of bio-medical waste. As it will ensure no secondary handling, pilferage of recyclables or inadvertent scattering or spillage by animals and proper biomedical waste disposal.
• Third duty to be played by the occupier is to pre-treat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilization on-site in the manner as described by the World Health Organization (WHO) or National AIDs Control Organization (NACO) guidelines and then sent to the common bio-medical waste treatment facility for final disposal.
• Phase out the use of chlorinated plastic bags, gloves and blood banks within two years from the date of notification of these rules
• Occupier is supposed to dispose of solid waste other than bio-medical waste by the provisions of respective waste management rules made under the relevant laws
• Occupier shall not give treated bio-medical waste with municipal solid waste
• Occupier shall give training to all its health care workers for handling biomedical waste and the Annual Report must contain the details of the training programmes conducted including the number of personnel trained and several personnel not undergone any training.
• The occupier must be responsible for the health of his workers and must immunize them for protection against diseases including Hepatitis B and Tetanus that are likely to be transmitted by handling the bio-medical waste in such a manner as prescribed in the National Immunization Policy or the guidelines of the Ministry of Health and Family Welfare issued from time to time.
• Occupier shall establish a Bar-Code System for bags or containers that consist of bio-medical waste that is to be sent outside for any purpose within one year from the date of the notification.
• He must ensure segregation of liquid chemical waste at source and pre-treatment or neutralization before mixing with other effluent generated.
• Occupier must once a year conduct a health check-up at the time of induction and prepare documents of the same.
• Maintain the register of Bio-Medical Waste Management and update it on daily basis and present the monthly record on its website and colour coding as specified in Schedule I.
• Occupier must report all the mishaps like accidents caused by fire hazards, and blasts during handling biomedical waste disposal in Form I along with the annual report.
• Present the annual report and all the given health care facilities on its main website within two years from the date
• It is the duty of the occupier to inform the prescribed authority immediately if the operator doesn’t collect the bio-medical waste within the intended time.
• Occupier is required to establish a system to review and monitor the activities related to biowaste either with the help of an existing committee or by establishing a new one which shall meet once in every six months. The record of the meeting conducted shall be submitted along with the annual report.
• Occupier has the duty to maintain all records for operation of incineration, hydro or autoclaving etc for five years.
• The existing incinerators to achieve the standards for treatment and disposal of bio-medical waste as mentioned in Schedule II for the retention time in the secondary chamber and Dioxin and Furans within two years from the date of the notification.

Who implements the provision of BWM Rules, 1998?

The States and Pollution Control Board is the prescribed authority that is responsible for implementing the provision of these rules. Whereas the authority responsible for enforcement of the provisions of 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 Directorate General, Armed Forces Medical Services who shall be functioning under the guidance of the Ministry of Defence.

In a nutshell, both the States and Pollution Control Committee and the Directorate General shall be complying with all the responsibilities as stated in the Schedule III of Bio-Medical Waste Rules, 1998.

What is the procedure of authorization under BWM Rules?

1. Consult a DPCC professional

Being a legal procedure requires the knowledge of an expert who shall be drafting your necessary application that shall be filed with the department concerned. Consult EAdvisors to get easy and hassle-free authorization from the State Pollution Control Board (the Delhi Pollution Control Pollution).

Many necessary documents and applications are required to be drafted like undertaking, project report and the mandatory CA Certificate.

It is an optional step, as one can on their own perform the task of drafting the application. However, it would be better to consult a professional as it avoids any kind of mishap like cancellation of authorization to occur.

2. Filing of application ( Form II)

The professional will be easing out your work by drafting the application required to be submitted and also filing it with the department.

Not only application is to be filed but also the Consent To Establish (CTE) is to be prepared. And the lab testing is needed and at last, the necessary consent i.e. Consent To Operate (CTO).

3. Verification of documents by the prescribed authority

Inspection is conducted to check whether all the required compliances are followed or not. The authorisation granted shall be one time for non-bedded occupiers and the authorization shall be deemed to be granted if no objection is presented by the prescribed authority within the period of ninety days.

4. Grant of authorization (Form III)

The prescribed authority shall grant the provisional authorization in Form III if it feels that all the information submitted in is accordance with the provision.

Provided that wherein case the authorization is cancelled or suspended or refused for renewal then the reason is required to be stated in writing. Also, an opportunity of being heard must be given to the applicant before presenting the final decision.

Where there is any change in the bio-medical waste generation, handling, treatment and disposal for which authorization was earlier granted, the occupier shall be responsible for informing the prescribed authority about the change. After intimation, the drafting of a new application in Form II is also necessary to be performed by the occupier.

*Note: The validity of such authorization for bedded health care facility and operator of a common facility shall be synchronised with the validity of consents.

Provision under BWM Rules for segregation packaging transportation and storage

The Bio-medical waste management rule defines:

1. The bio-medical waste that is not treated shall not be mixed with the other waste generated.
2. The segregation of bio-medical waste at the time of generation itself shall be done in the containers or bags by Schedule I prior to its storage, transportation and storage.
3. Bar code and global positioning system shall be added by the occupier and the bio-medical waste treatment facility in one year.
4. The bio-medical waste collected from the occupier shall be transported in the transport having a label as provided in part ‘A’ of the Schedule IV along with the necessary information as specified in the part ‘B’ of Schedule IV.
5. The necessary conditions stipulated by the State Pollution Control Board and in addition to this, requirements contained in The Motor Vehicles Act, 1988 shall be followed by the vehicle used in transporting the bio-medical waste.
6. For the untreated human anatomical waste, animal anatomical waste, soiled waste and biotechnology waste, it is said that it shall not be stored beyond a period of forty-eight hours.

Where there appears a situation that the waste like untreated human anatomical waste, animal anatomical waste, anatomical waste, soiled waste and biotechnology waste is required to keep for a longer period that is beyond forty-eight hours, then, in that case, the occupier shall take appropriate measures to ensure that the waste does not adversely affect the human and environmental health. And inform the prescribed authority within the prescribed time.

7. The microbiology waste and all other clinical laboratory waste be pre-treated by sterilisation to Log 6 or disinfection to Log 4 as per the Whole Health Organization guidelines before the packaging and sending to the common bio-waste treatment facility.