Rules 8 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 8 to 10 answer three practical questions for a waste generator or processor. How long can the waste stay on site? When can it be used as a resource, whether recycled, pre-processed or co-processed? And who issues the procedures that govern that use? The default storage period is ninety days, extendable by the State Board in five listed cases.
These Rules are current as amended up to G.S.R. 636(E) dated 16 July 2026 (Chapter VIII on non-ferrous metal scrap in force from 1 April 2026). Later amendments, CPCB guidelines and State Board orders should be checked. If you are planning storage or utilisation of hazardous waste, see our compliance advisory service.
Occupiers may store hazardous and other wastes for not more than ninety days and must keep records of sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilisation (rule 8(1)). The State Board may extend the period in the five cases listed. Utilisation needs authorisation and is carried out on the basis of CPCB SOPs or guidelines, with CPCB trial-run approval where none exist (rule 9). The Ministry or the CPCB may issue SOPs (rule 10).
Rule 8(1): the ninety-day limit and records
"The occupiers of facilities may store the hazardous and other wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilisation of such wastes and make these records available for inspection." The rule has two parts: a time limit, and a duty to keep records that can be inspected. The definition of "storage" in rule 3 is "storing any hazardous or other waste for a temporary period, at the end of which such waste is processed or disposed of", so the ninety days is a limit on holding waste before it is processed or disposed of.
The extensions (proviso to rule 8(1))
The State Pollution Control Board may extend the ninety days in these cases:
| Case | Extension |
|---|---|
| (i) Small generators between five and ten tonnes per annum | Up to one hundred and eighty days of their annual capacity |
| (i) Small generators of less than five tons per annum | Up to three hundred and sixty five days of their annual capacity |
| (ii) Actual users and disposal facility operators | Up to one hundred and eighty days of their annual capacity |
| (iii) Occupiers with no access to any treatment, storage or disposal facility in the State | The proviso lists this case without a number of days |
| (iv) Waste that needs to be stored specifically for developing a process for its recycling, recovery, pre-processing, co-processing or utilisation | Listed without a number of days |
| (v) Any other case, on justifiable grounds | Up to one hundred and eighty days |
Item (i), for small generators, was added in 2024 (G.S.R. 177(E)). The text prints no days against (iii) and (iv); an extension in those cases is therefore for the Board to fix, and the Board's order should state the period. The extension is by the State Board, so an occupier who needs more time should apply and hold the written extension on file; storing past ninety days without one risks a breach.
Rule 9: utilisation
Rule 9(1) (substituted in 2021): "The utilisation of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use, including within the premises of the generator (if it is not part of process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines issued by the Central Pollution Control Board from time to time."
Rule 9(2) (substituted in 2021): where SOPs or guidelines are not available for a specific utilisation, the approval is to be sought from the CPCB, which grants it on the basis of trial runs and then prepares SOPs. A proviso says that if a trial run has already been conducted for a particular waste and utilisation and compliance with environmental standards shown, the State Board may grant authorisation for the same waste and utilisation without a separate CPCB trial run, and the CPCB shall tell all State Boards.
Rule 9(3): no trial runs are required for co-processing of waste in cement plants for which CPCB guidelines are already available, but actual users must ensure compliance with the standards notified under the EP Act for cement plants with respect to co-processing. A proviso says that until the standards are notified, the procedure for other kinds of utilisation applies.
Rule 9(4): utilisation and management of waste tyre is in accordance with Schedule IX, explained in our article on Schedule IX.
| Question | Answer under rule 9 |
|---|---|
| Is authorisation needed? | Yes, for utilisation including within the generator's premises if it is not part of the process |
| What standard applies? | CPCB SOPs or guidelines |
| What if there is no SOP? | CPCB approval on the basis of trial runs |
| Cement kilns? | No trial runs where guidelines exist; compliance with notified cement plant standards for co-processing |
| Waste tyre? | Schedule IX |
Rule 10: SOPs and guidelines
"The Ministry of Environment, Forest and Climate Change or the Central Pollution Control Board may issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes from time to time." Rule 10 is the source for the SOPs referred to in rule 9. The rule prints no content; SOPs and guidelines are issued separately and should be read from the CPCB, which this article does not reproduce.
What this means for generators and processors
- Track the age of every waste stream: the ninety days run for storage before processing or disposal.
- Check whether you qualify for an extension: the generator size or actual-user status decides the days.
- Apply for the extension and keep the Board's order on file.
- Keep the rule 8 records: sale, transfer, storage, recycling, recovery, pre-processing, co-processing and utilisation.
- Do not start utilisation without authorisation, even inside your own premises, unless it is part of your process.
- For a new use, ask the CPCB about trial runs.
Example
Hosur Alloy Castings Private Limited generates between five and ten tonnes of spent pickling residue a year and stores it in a covered shed. It finds that the Board may extend the default ninety days for a small generator of its size up to one hundred and eighty days of its annual capacity. The company applies for the extension, receives it in writing and keeps its storage log. A neighbouring cement plant wants to co-process a residue. The plant checks the CPCB's guidelines for co-processing, which exist, so no trial run is needed, but it must meet the notified standards for cement plants.
Need help with storage and utilisation?
Storage limits and utilisation approvals are where inspections often find gaps. Our compliance advisory team can help you set up storage logs, apply for extensions and prepare the utilisation file.
Key takeaways
- The default limit for storing hazardous and other wastes is ninety days, with records open to inspection.
- The State Board may extend it for small generators, actual users and operators, occupiers without access to a facility, process development and other justifiable cases.
- Utilisation needs authorisation and follows CPCB SOPs or guidelines; trial runs are required where none exist.
- Co-processing in cement plants with existing guidelines needs no trial run.
- Rule 10 allows the Ministry or the CPCB to issue SOPs.
Read next
- Rules 11-13: import strategy and import procedure
- Rules 6 and 7: authorisation, Form 1 and cancellation
- Schedule IX: EPR for waste tyres
- Waste management company registration, licences, process and cost
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.