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HAZARDOUS WASTE GENERATING UNITS IN WEST BENGAL (2011)
[as per the Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008]
(Source: WBPCB Inventory)
SL
NOName Of The Industry Address
Type & Quantity
of Products
Quantity of HW
in MTA
Landfill
Disposal
/ Landfill
After
Treatme
nt
Inciner
ation
DIST. Bankura
1 Damodar Valley Corporation-
Mejia Thermal Power Station.
PO. MTPS, PS.
Gangajalghati,
PIN- 722183, Dist. Bankura
Thermal Power
Plant
(Electricity- 840
MW)
2 Exodus Knitwear (P) Ltd. Shyamsundarpur, PO.
Darika,
Bishnupur, Dist. Bankura
Dyeing &
Bleaching
(Knitted Fabric -
1192.92 MTA)
4.20
3 Lafarge India Pvt. Ltd. Mejia Cement Plant, Vill.
THIS AGREEMENT is made and executed on this ____day of ____, 2013, between:
______________, a Company with its registered office at _______________(hereinafterreferred as “Generator” which expression shall unless repugnant to the subject or contextinclude its administrators, successors and assigns) as Party No.1
AND
RAMKY ENVIRO ENGINEERS LIMITED, Company registered under the Companies Act,1956 and having its registered office at 6-3-1089/G/16, Gulmohar Avenue, Rajbhavan Road,Somajiguda, Hyderabad – 500082 (hereinafter referred as “Operator” which expression shallunless repugnant to the subject or context include its administrators, successors and assigns)as Party No.2
The Generator and REEL hereinafter individually referred as ‘Party’ and collectively as‘Parties’.
WHEREAS
A. Operator is engaged in the business of waste management and presently operating‘Integrated Common Hazardous Waste Treatment Storage Disposal Facility’ at variousengineered waste management units under its control at various locations in India, as perthe guidelines under Hazardous Rules and as per the authorization of SPCB.
B. The Generator being desirous of availing the services of collection, transport, treatment,storage and disposal of Hazardous Waste generated at their premises approachedOperator and the same has been accepted by Operator on the terms and conditions set outin this Agreement read with the provisions of applicable law and under the supervision ofSPCB.
NOW THEREFORE in consideration of the above-mentioned premises and the mutualpromises contained herein, the Generator and REEL have agreed to enter into this agreementunder the terms and conditions set forth hereinafter.1. DEFINITIONS AND INTERPRETATION
Terms of Reference
1.1 Definitions: In this Agreement, including in the recitals hereof, the following words,expressions and abbreviations shall have the following meanings, unless the contextotherwise requires:a. “Agreement” means this agreement including all attachments, annexure or
schedules annexed thereto.
b. “CPCB” means Central Pollution Control Board.
c. “Hazardous Rules” means Hazardous Waste (Management, Handling&Transboundry Movement) Rules, 2008 as amended from time to time.
d. “MoEF” means Ministry of Environment & Forests.
e. “SPCB” means Karnataka State Pollution Control Board in the state in which theTSDF operated by Operator is situated.
f. “TSDF” means the “KARNATAKA WASTE MANAGEMENT PROJECT”(KWMP), an integrated common hazardous waste treatment storage disposalfacility operated by Operator and located at Dobbaspet, NelamangalaTaluk,Bangalore Rural District, Karnataka - 562 111.
g. “Waste” means hazardous waste generated in the premises of the Generator.
1.2 Interpretation: In this Agreement, unless the subject or context otherwise requires:
A. Reference to the singular number shall include references to the plural number andvice-versa;
B. References to a “person” shall include references to natural persons, partnershipfirms, companies, bodies corporate and associations, whether incorporated or notor any other organization or entity including any governmental or political sub-division, ministry, department or agency thereof;
C. References to recitals, clauses and schedules / annexures are to recitals, clausesand schedules to this Agreement;
D. Any reference herein to a statutory provision shall include such provision, as is inforce for the time being and as from time to time, amended or re-enacted in so faras such amendment or re-enactment is capable of applying to any transactionscovered by this Agreement.
E. Clause headings used herein are only for ease of reference and shall not affect theinterpretation of this Agreement.
1.3 The schedules / annexure shall form an integral part of this Agreement.
2 SCOPE OF SERVICES
2.1 The scope of services to be provided by Operator under this Agreement shall becollection, transportation, treatment, storage and disposal of Waste generated from thepremises of the Generator located at ______________.
Terms of Reference
2.2 It is agreed between the Parties that Operator shall provide the above services to theGenerator through its KWMP TSDF facility operated by Operator.
2.3 Operator shall dispose the Waste as per the mandate of the SPCB read with theprovisions of Hazardous Rules.
2.4 Operator also agrees to accept even non-hazardous wastes from the Generatorprovided that the concerned SPCB issues ‘no objection’.
.
3 GENERAL CONDITIONS
3.1 The Generator shall immediately upon execution of this agreement, become registeredmember of Operator by paying a membership advance of Rs.-----------------/-. Thelifetime membership / security deposit shall be adjustable against user charges in theevent either party decides to terminate this Agreement. Deposit is applicable for aminimum period of five years from the date of signing the Agreement. No financialcharges are applicable on such membership / security advance.
3.2 The membership No. on the certificate and as registered with KWMP isKWMP/DBSPT/HzW/ , Dated :________ and will be valid till March 31,2013. Themembership certificate shall be renewed by KWMP at minimum monthly servicecommitment charges as per Annexure item No. 5 to Generator upon application andthe compliance of the terms & conditions of this agreement being in order.
3.2 The Generator shall provide to Operator, a sample of the Waste and inform the entireprocess details which leads to generation of such Waste, for the purpose ofdetermining the Waste characteristics and to decide parameters for comprehensiveanalysis, as well as its final pathway of treatment, storage and disposal of the waste.
3.3 Operator shall carry on the comprehensive analysis of the Waste in its laboratory atthe cost of the Generator, as per the parameters identified at Annexure item. Thecomprehensive analysis report shall be used by Operator to determine the disposalpathway based on the waste characteristics & as per MoEF, CPCB and the SPCBrules and guidelines issued from time to time. The disposal pathway shall be mutuallyagreed between the Generator & Operator and shall form basis for disposal/ usercharges.
3.4 Upon receipt of information from the Generator, Operator shall plan and schedule forcollection of the Waste from the Generator and the safety during transportation is thecollective responsibility of the Generator and the transporter.
3.5 The Generator shall provide the details of Waste to Operator as mentioned below:
i) Complete details of the Waste and its characteristics regarding presence of explosive /ignitable / corrosive / toxic / odorous compounds in the manifest provided to thetransporter for safe transportation and disposal.
ii) Safety information in ‘Form 11’, ‘waste transportation manifest’ in Form 13 and‘Trem Card’ in Form 12 for every Waste type as per Hazardous Rules.
Terms of Reference
3.6 Operator shall analyze the Waste received through finger print analysis as per theparameters identified at Annexure item as prescribed by the concerned SPCB.
3.7 In the event there are any differences in the analysis results of comprehensive analysisand finger print analysis, the Generator may either accept the results of Operator orsend their samples to a mutually agreed third party analysis at their own cost. Anydiscrepancy in relation thereto shall be informed to the SPCB.
3.8 The Generator shall provide a fresh comprehensive analysis report when there is achange in the waste characteristics, manufacturing processes, changes in product mixetc. and every two years whichever is earlier for which the cost is borne by thegenerator.
3.9 In the event of any false information or withholding information, all the liabilities,whether directly or indirectly arising there from, during transportation, handling,treatment & disposal shall be the responsibility of the Generator.
3.10 The Generator shall provide an advance declaration every year in the month of Aprilassuring quantity of Waste they would be sending to Operator till next March 31, anddeclare Waste quantities on annual / monthly basis as per Hazardous Rules as per thedeclaration format provided in Annexure.
3.11 Operator agrees to provide its containers available at its TSDF to the Generatorprovided the Generator pays the container maintenance charges to Operator as perAnnexure item no. 4(b).
3.12 The Waste supplied by the Generator shall not contain any kind of nuclear /radioactive or any other prohibited material.
3.13 Operator shall also supply specially designed containers to help segregate the Wasteand arrange the transportation of such containers from the Generator premises.
3.14 The Generator shall pay a fixed amount to Operator as minimum monthly servicecommitment charges every year for the purpose of utilization of Operator services.This amount shall be adjusted against every month user Charges or in currentfinancial year. In the event, for whatsoever reason, the Generator is unable to utilizethe facility services for a particular month / financial year, the Generator shall forfeitthe amount that is unutilized in that financial year. The charges are mentioned inAnnexure Item 5.
4 USER CHARGES & TERMS OF PAYMENT:
4.1 The Generator shall pay monthly user charges to Operator for its services as per theslab mentioned in Annexure item no. 2 & 3, which is based upon the declarationgiven by the Generator as per Annexure. In addition the Generator shall also be liablefor payment of applicable taxes, levies etc., if any, on the user charges.
4.2 User Charges are subject to Annual Revision also on the basis inflation / escalationof fuel costs, on major price escalations viz. Power Tariff, Change in DisposalTechnologies / Method, Wage Hike or wholesale price index or otherwise, as peragreed norms with Government of Karnataka.
Terms of Reference
4.3 Operator shall send the monthly user charges invoice to the Generator on or before5th of every succeeding month and the bill amount shall be payable by the Generatoron or before 5th of the subsequent month.
4.4 All taxes including Service Tax, Central Excise, VAT etc. shall be paid as extra overand above the quoted rates at the rate applicable, if any, at the time of billing. TaxLaws are subject to amendments from time to time and accordingly any tax applicablewill be charged extra. Service tax is like any other indirect tax to be collected byREEL from the customers and the same will be remitted to the Government.
4.5 In case of delayed payments the Generator shall be liable to pay interest at the rate oftwo percent (2%) per month on the outstanding amount during the default period. Inthe event of any bill amount along with interest is due for more than three (3) months,Operator reserves the right to refuse to extend its services to the Generator and evento terminate this Agreement with immediate effect.
5 TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years. However both theparties are at liberty to terminate this Agreement by giving one (1) months notice inadvance.
6 FORCE MAJEURE
Notwithstanding anything else contained herein, neither Party hereto shall be liablefor damages or to have this agreement terminated for any delay or default in theperformance of such Party hereunder if such delay or default in performance derivesfrom conditions beyond the reasonable control of such Party, including but not limitedto, acts of god, strikes, fires, floods, extreme drought, shortage of supply, riots, workstoppages, embargoes, governmental actions or damage to the plant or facility or anycause unavoidable or beyond the control of either party including any arbitrary rulingby the Government prohibiting the handling of the Waste or continuing domestic orinternational problems such as wars or insurrections.
7 INDEMNITY
The Generator do hereby indemnify, keep indemnified and hold harmless the REEL,its representatives, nominees and officers (including without limitation,reimbursement of any loss suffered by REEL and / or its officers, directors,employees, agents or affiliates and their legal costs), awards, damages, losses and / orexpenses, either pecuniary or non-pecuniary in nature, arising directly or indirectly,whether during collection or transportation or treatment or storage or disposal, as aresult of:
a) The Waste supplied by or collected from the Generator in case of anymismatch of waste from Trem Card or finger prints; and any non-disclosure orwrong disclosure of any information as to the characteristic of waste, or
b) Any violation or non-compliance by the Generator of the provisions ofHazardous Rules, Water (Prevention and Control of Pollution) Act, 1974 andAir (Prevention and Control of Pollution) Act, 1981 including anymodifications, amendments made thereto and any new acts and rules legislated
Terms of Reference
and promulgated governing the activity under this Agreement during the termof this Agreement or any extension thereof.
8 EVENTS OF DEFAULTThe following shall constitute Generator’s events of default:
a. If the Generator fails / refuses to pay its bills / dues for the user chargespayable under this Agreement.
b. If the Generator fails / refuses to pay within the time stipulated theadvance amounts and deposits etc. called upon to do so by REEL.
c. If the Waste supplied by the Generator contains any radio active orprohibited material.
d. If the Generator commits gross violation of the terms of this agreement.
9 TERMINATION
9.1 The Operator shall have the right to terminate this Agreement without giving anynotice, immediately upon occurrence of the Generator’s event of default.
9.2 Either party shall have the right to terminate this Agreement in the event of violationof any of the terms and conditions as agreed upon in this agreement or otherwise,upon giving thirty (30) days written notice to the other party.
10 ENTIRE AGREEMEENT
This Agreement shall be deemed to represent the entire Agreement between theparties hereto regarding the subject matter hereof and shall supersede, cancel andreplace any and all prior agreements or arrangements, if any, in this behalf, by andbetween the parties hereto.
11 RELATIONSHIP OF THE PARTIES
Nothing contained herein shall be deemed to constitute a partnership, joint venture oragency by and between the parties hereto.
12 VARIATIONS
This Agreement may be modified or amended only by writing, duly executed by or onbehalf of the parties hereto.
13 INVALIDITY
In the event that any provisions of this Agreement is held to be illegal, invalid orunenforceable under any present or future laws of the Republic of India suchprovisions shall be deemed terminable and the remaining parts & provisions of thisAgreement shall remain in full force & effect.
14 NOTICES
Terms of Reference
14.1 Any notice, request, demand or other communication given or made under or inconnection with the matters contemplated by this Agreement shall be in writing andshall be delivered personally or sent by registered post acknowledgement due or byfacsimile or by courier to the address mentioned above and shall be deemed to havebeen duly given or made as follows:
(a) If personally delivered, upon delivery at the address of the relevant Party;(b) If sent by registered post-acknowledgement due seven (7) days after the
posting;(c) If sent by facsimile upon receipt of confirmation by sender, from the receiver,
that the facsimile has been received;(d) If sent by courier four (4) days after the date of dispatch.
14.2 A Party may notify the other Party of a change to its name, relevant addressee oraddress number for the purposes of Clause 14.1 as provided herein.
15 SURVIVAL
Not withstanding any contained in this Agreement, the provisions of clause 4, 7 and 8of this Agreement shall survive for five (5) years after termination or completion ofterm of this agreement which ever is later.
16 DISPUTE RESOLUTION
Any dispute arising out of this agreement and the contents of the Annexure, heretobetween the Generator and REEL shall be referred to Arbitration in accordance withthe provisions of the Arbitration and Conciliation Act, 1996. The arbitrationproceedings shall be conducted in English and the seat of Arbitration proceedingsshall be at Bangalore. The arbitral award shall be final and binding upon both theparties. The Party at default shall bear the cost of the arbitration. No Party shall makepublic the contents of the award without the prior written approval of the other Party.
17 APPLICABLE LAW
This Agreement shall be subject to the Laws of India and the courts of law atBangalore shall have jurisdiction for seeking any injunctive relief.
For
______________________________Name:Designation:
For Ramky Enviro Engineers Ltd
______________________________Name:Designation:
Terms of Reference
Terms of Reference
Common Hazardous Waste Treatment Storage & Disposal Facility.
01)MEMBERSHIP ADVANCE:
The Membership advance of Rs. ________________has to be paid by the GENERATOR, asis commonly applicable. The membership advance payment should be made in the name ofRAMKY ENVIRO ENGINEERS LTD .payable at Bangalore. This advance is adjustableagainst waste supply in the event, member desires to withdraw from membership or as perClause in Agreement.
2) User Charges:
The GENERATOR shall pay the following applicable User Charges based on the WasteTypes.
a) Direct Landfilling : Rs. 1260 per MT
b) Shredding & Land filling: Rs 1350 per MT
c) Drying & Land filling: Rs 1620 per MT
d) Stabilisation& Landfilling:
Stabilization Charges: per MT
Cost of Direct Land filling (1+Bulking Factor) + Cost of Throughput + Rs.180.00 perMT for re-handling expenses.
3) Transportation Charges:
Terms of Reference
Waste Transport Charges ( to & fro) : [Rate quoted per 10 MT minimum]
Transportation charge – Rs. 6.01/MT/KM. Transportation charge is subject to revisionevery year with effect from 1st July.
Transportation charge will be calculated for 90% load capacity of the vehicle byweight if the
waste material is lighter.
4) Container Charges: [Optional, applicable when Services are utilized]
The GENERATOR has to pay the following charges as mentioned below towardsusing the services of the container, for a period of 3 years.
b) Container Maintenance Charges: As applicable at the time of availing containerservice.
c) Container Handling Charges :
The GENERATOR shall pay for Container Handling Charges to RAMKY as followsfor utilizing the Material Handling Equipment.
For Hooklift/Crane Operations: Rs. 150/- per MT
For Waste transported by KWMP, Handling (Unloading) Charges Rs. 150/- per MT shall beapplicable.
5) Minimum Monthly Service commitment charges:
The GENERATOR has to pay minimum monthly service commitment charges as applicable.This amount shall be paid in advance annually. This amount shall be adjusted against UserCharges invoices within one year. In the event, for whatsoever reason, the GENERATOR is
Terms of Reference
unable to utilize the facility services for a particular period, the GENERATOR shall forfeitthe amount that is unutilized.
for SSI – Rs. 6000/- per annum for MSI – Rs. 9000/- per annum for LSI – Rs. 12000/- per annum
6) Truck Detention Charges:
Maximum time of three (3) hours is allowed for the truck to be detained at the GENERATORpremises from the time of reporting to their Security Gate. In the event this period isexceeded then Rs. 500/- per hour shall be charged as detention charges unless it is mutuallyagreed and accepted between both parties in writing.
7) Parameters to be analyzed for Comprehensive analysis of WASTE:
Calorific Value Flash Point % Moisture content ( Loss on ignition at 105oC) % Organic Content (Loss on ignition at 550oC) Paint Filter Liquid Test (PFLT) pH Reactive Cyanide (PPM) Total Cyanide Reactive Sulphide (PPM) Sulphur elemental Concentration of individual inorganic (Metals), both total and leachable, specific
parameters to be determined based on source of waste Oil and Grease Extractable Organics % Carbon, % Nitrogen, % Sulphur, % Hydrogen Concentration of Individual Organics TCLP for identified parameters
8) Parameters to be analyzed for Finger Print Analysis:
Physical MP of the WASTE Identification of different phases of WASTE Colour and Texture Specific Gravity Viscosity
Terms of Reference
Flash Point % Moisture content ( Loss on ignition at 105oC) % Organic Content (Loss on ignition at 550oC) Paint Filter Liquid Test (PFLT) pH Reactive Cyanide (PPM) Reactive Sulphide (PPM)
9) Taxes / Levies:- All Government / Municipal / Panchayat Taxes / Duties/ Levies/ Octroi /Tolls etc, as applicable from time to time, will be payable by GENERATOR.
Terms & Conditions: This membership is valid as long as the user industry is in good under standing with
the KWMP and has continued to produce valid authorization from KSPCB. This KWMP shall accept only hazardous wastes as classified in HW Rules for
disposal and shall not accept radioactive wastes, Municipal wastes and Bio-Medicalwaste etc.
Acceptance of wastes is dependent on the fulfillment of regulatory and statutoryguidelines for operations of KWMP issued from time to time.
Pathway of disposal of wastes and its price shall be decided based on the guidelinesissued from time to time by regulatory authorities and shall be at the discretion ofKWMP.
Terms of Reference
DECLARATION
We M/s. __________________________, hereby declare that based on our industryproduction and our annual projections we shall be disposing the following Hazardous Wastetypes to KWMP. (Addl sheets could be used for multiple waste types)
The Avg. Yearly generation of Hazardous Waste is expected as follows.
1. Avg. ________ MT per year of ______________ type of Hazardous WASTE2. Avg. ________ MT per year of ______________ type of Hazardous WASTE3. Avg. ________ MT per year of ______________ type of Hazardous WASTE
The Avg. monthly generation of Hazardous Waste is expected as follows.
1. Avg. ________ MT per month of ______________ type of Hazardous WASTE.2. Avg. ________ MT per month of ______________ type of Hazardous WASTE.3. Avg. ________ MT per month of ______________ type of Hazardous WASTE
The Total accumulated/stored/buried in pits Hazardous Waste from the period of_______ is approximately as follows which is being sent to disposal at KWMP
1. Approx. ________ MT of ______________ type of Hazardous WASTE.2. Approx. ________ MT of ______________ type of Hazardous WASTE.3. Approx. ________ MT of ______________ type of Hazardous WASTE.