A note on the Plastic Waste Management Rules 2016 as amended. (India)
By Dr. Yashpal Singh
Extended Producer Responsibility and Duties and responsibilities of Waste Generators, Local bodies, Gram Panchayats, Manufacturers, Importers, Producers and Brand Owners.
(Including amendments of 2018, 2021 and 2022.)
The Plastic Waste Management rules dated 18-03-2016 which were amended and notified through G.S.R. No. 320 (E) dated 27-03-2018 by the MoEF and CC, Government of Indiasupersede the earlier Plastic Waste (Management and Handling) Rules, 2011 as published on 04-02-2011. These have been called as the Plastic Waste Management (Amendment) Rules, 2018. The rules have been further amended by notification GSR 571 (E) dated 17-08-2021and notification no. G.S.R. 522(E) dated 06-07-2022. Guidelines for Extended Producers Responsibility for the same have been notified vide notification no. G.S.R. 133(E)dated 16-02- 2022.
The amended rules provide a thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastics waste fractions from its sources of generationand adopt theprinciples of Extended Producer Responsibility and the polluter pays principle for the sustainability of the Waste Management System.
The rules apply to every Waste Generator, Local body, Gram Panchayat, Manufacturer, Importer, Producer , Brand Owners and waste processors.
Rule 4 of the said rules provides for the conditions that would apply on the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like or cover made of plastic sheet and multilayered packaging. However, it is specified that it would not apply to export-oriented units or units in special economic zones notified by the Central Government which are manufacturing products under an export order. This exemption would however not apply to units engaged in packaging of Gutkha, Tobacco and Pan masala and also to any surplus or rejects, left over products and the life, (Rule 2).
The conditions under Rule 4 prescribe that the manufacture, import, stocking, distribution, sale and use of carry bags and plastic sheets shall be so that:
- Carry bags and plastic packaging would be of only natural shade or made using only colorants permitted under IS 9833:1981.
- Carry bags or products made of recycled plastics shall not be used for storing, carrying, dispensing or packaging ready to eat or drink food stuff.
- Carry bags made of virgin plastic should not be less than 75 microns in thickness from the 30th September 2022 and 120 microns in thickness w.e.f. 31-12-2022 (Added by amendment in 2021).
- Plastic sheet or like which is not an integral part of multi layered packaging and cover meant for wrapping or packaging a commodity shall not be less than 50 microns in thickness except as specified by the Central Government (Central Government added by amendment 07-07-2022) where such sheets impair the functionality of the product.
- No plastic shall be sold or made available to a producer by a manufacturer unless he is registered with the State Pollution Control Board or Committee.
- Sachets using plastic material shall not be used for storing packing or selling Gutkha, tobacco or Pan Masala. Plastic waste in any form including Vinyl Acetate materials, Vinyl Chloride Copolymer shall also not be used in such packaging.
- Recycling of plastic waste shall conform to I.S. 14534:1998.
- The criteria for thickness shall not apply to carry bags and commodities (the word commodities added in 2021) made up of compostable and biodegradable plastics (The word biodegradable added in on 07-07-2022) but should conform to IS 17088:2021 (added by 07-07-2022). The manufacturers and sellers of carry bags and commodities or both (added 2021) made of compostable and bio-gradable plastics (added 07-07-2022) shall obtain a certificate from the C.P.C.B. before marketing or selling.
- In the amendment vide GSR No. 571(E) dated 12-08-2021 provisions have been made to enforce that non-woven plastic carry bags shall not be less than 60 gram per square meter with effect from 30-09-2021.
- Single use plastics like ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration have also been prohibited from 07-07-2022 but in terms of the use of plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards and cigarette packets, plastic or PVC banners less than 100 microns and stirrers which have alsootherwise been prohibited, the prohibition would not apply if the commodities are made up of compostable plastics.
- It has also been provided that any further prohibitions of related commodities covered under the rules and issued after this notification shall come into force 10 years after the date of notification.
Manufacturers, Importers, Brand owner, multilayered plastics, compostable plastics, biodegradable plastics, carry bags, plastic sheets and plastics have been defined in the notification. (Please refer references below).
Rule 5 provides for the management of plastic wastes by the urban local bodies for their jurisdiction and provides for recycling through only registered plastic waste recyclers as per prescribed guidelines( I.S. 14534:1998), encouraging use of plastic waste in road construction or for energy recovery or waste to oil etc as per prescribed standards and norms, disposal of thermo set plastic waste only as per guidelines prescribed by the CPCB and the disposal of inert from recycling and processing facilities to be disposed in compliance to the Solid Waste Management Rules 2000.
Local Bodies (Rules 6) and Gram Panchayats (Rule 7) would be responsible for setting up the infrastructure for segregation, storage, transportation, processing and disposal of plastic waste by themselves or through agencies or engaging the ‘Producers’(meaning persons producing or using plastic or plastic packaging).This management would include that no damage is caused to the environment, waste is made available to recyclers, disposal of non recyclable plastic waste as per guidelines of CPCB, creating awareness, engaging civil societies and groups and ensuring that open burning of plastic does not take place.
Waste generators have to ensure that they take steps to minimize generation of plastic waste and segregate plastic waste at source as per the Solid Waste Management Rule 2000. They would also have to ensure that they arrange for suitable storage of segregated plastic wastes and hand over the segregated waste to the agencies authorized by the urban local bodies or gram Panchayats.
Institutional waste generators will ensure segregation and storage of waste generated by them in accordance to the Solid Waste Management Rules 2000 and hand over segregated waste to authorized waste processing or disposal facilities or deposition centers either on its own or through the authorized waste collection agency. Waste generators shall pay such fee as may be prescribed by the Local bodies for collection or operation of facility.
Whenever an event involving the service of food stuff in plastics is organized in the open, it shall be the duty of the person organizing such event to segregate and manage the waste in accordance to the Solid Waste Management Rules 2000.
Waste generators and recyclers have been defined in the rules.
Producers, Importers and Brand owners shall,after involving the State Urban Development Departments, work out modalities for a waste collection system based on Extended Producers Responsibility, either individually or collectively, through their own distribution channel or through the local body concerned.
The Producers, Importers and Brand Owners shall fulfil Extended Producers Responsibility for Plastic Packaging as per guidelines specified in Schedule -II. (Notified by notification no. G.S.R. 133(E)dated 16-02- 2022.)
The rules also fix the Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging on Producers, Importers and Brand Owners who introduce the products in the market andwho need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection is to be submitted to the State Pollution Control Boards while applying for Consent to Establish or Operate or Renewal of the same.
The Manufacture and use of plastic, multi layered packaging which is non recyclable or non-energy recoverable or with no alternative uses should be phased out as specified.
The Rules at Rule 10 provide for the protocols for determining the degree of degradability and disintegration of compostable and biodegradable plastics. The compostable plastic materials shall conform to the IS / ISO 17088:2021, as amended from time to time and the biodegradable plastics shall conform to the standard notified by the Bureau of Indian Standards and certified by the Central Pollution Control Board and till such time as this standard is notified by the Bureau of Indian Standards, biodegradable plastics shall conform to tentative Indian Standard IS 17899 T:2022 as notified by the Bureau of Indian Standards.
Rule 11(inclusive of amendments up to July 2022) provides for a system of marking or labeling on each plastic carry bag and multi layered packaging as is prescribed and also as per IS 14534:1998. Each plastic carry bag, packaging and multi-layered packaging shall have the following information printed in English:
a. Name, registration number of the producer or brand owner and thickness in case of carry bag and plastic packaging. Provided that this provision shall not be applicable (i) for plastic packaging used for imported goods: (ii) for cases falling under rule 26 of the Legal Metrology Packaged Commodities Rules, 2011, after the approval of the Central Pollution Control Board: (iii) for cases where it is technically not feasible to print the requisite information mandated under this Rule, as per specifications given in the Guidelines for use of Standard Mark and labelling requirements under BIS Compulsory Registration Scheme for Electronic and IT Products after the approval of the Central Pollution Control Board .
b. With effect from the 1st January, 2023, name and registration number of the producer or brand owner in case of multi-layered packaging,excluding multi-layered packaging used for imported goods and
c. name and certificate number“of producer” in case of carry bags made from compostable plastic
d. The importer or producer or brand owner of imported carry bags or multi-layered packaging or plastic packaging, alone or along with the products shall adhere to clause (a) and (b).
Carry bags made of compostable plastics shall display a label marked compostable and shall conform to I.S. or I.S.O. 17088:2008 specifications.
Rule 12 provides that Enforcement of these rules in terms of registration, manufacture of plastic products and multi layered packaging and the processing and disposal of plastic wastes within a state shall be the duty of the Central Pollution Control Board (added 2022), State Pollution Control Boards and within a Union Territory, shall be managed by the Pollution Control Committees.
The Secretary-in-charge of the State or Union Territory shall be responsible for enforcing the provisions of these rules related to waste management by the waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multilayered packaging.
The concerned Gram Panchayat would be responsible for such enforcement in the rural areas of a state or union territory. Due assistance could be taken from the District Magistrate of the concerned district.
Manufacturers as defined in the rules have been prohibited from manufacturing carry bags, recycled plastic bags or multi layered packaging material without a valid registration from the State Pollution Control Board or the Union Territory, Pollution Control Committee or the Central Pollution Control Board (CPCB added 2021) as provided. (Up to 2 states by the SPCB/PCC and operation in more than 02 states by CPCB).
Producers, Brand owners and importers (2022) have also to ensure that they register with the Pollution Control Boards. In case a Producer or Brand owner operates in one or two states the application for registration has to be submitted to the State Pollution Control Board or the Union Territory, Pollution Control Committee. In case the area of operation is in more than 02 states, the application would be made to the Central Pollution Control Board. (Rule 12.2).
Manufactures, Recyclers and Plastic waste Processors will have to apply to the State Pollution Control Boards/Committees for registration. It has been mentioned that such registration will not be granted or renewed unless the entity possesses a valid consent from the state pollution control Board/ Committee under the Water Act 1974 and the Air Act 1981 and also a valid certificate of registration issued by the concerned District Industries Centre or any other Government agency authorized in this regard. (Rules 13.3, 13.4, 13.5) Provisions have also been made (Rule 13.6) that the State Pollution Control Board or Committee shall not renew a registration of a Producer unless the producers possess an action plan endorsed by the Secretary in charge of Urban Development for setting of Plastic waste management system.
The applications shall be scrutinized by the Boards/Committees and a decision taken within 90 days. The registration shall be initially valid for one years and subsequently granted for 03 years. The Boards/Committees shall not revoke, suspend or cancel registration without affording an opportunity to be heard. Renewal application have to be made at least twenty days before the expiry of the validity. (Rules 13)
Rule 14 provides for responsibility of retailers and street vendors and prohibits the use of plastics not conforming to these rules and prescribes fines.
The amendment of July 2022, has provided for the imposition of Environmental compensation on the polluter pays principle as per guidelines notified by the Central Pollution Control Board.
References
- Government of India (MoEF and CC) 2018. The Plastic Waste Management (Amendment) Rules, 2018. GSR 320(E) dated 27-03-2018 https://cpcb.nic.in/displaypdf.php?id=cGxhc3RpY3dhc3RlL1BXTV9HYXpldHRlLnBkZg==
- Government of India (MoEF and CC) 2021. The Plastic Waste Management (Amendment) Rules, 2021. The Gazette of India: Extra ordinary. GSR 571 (E) dated 17-08-2021. https://cpcb.nic.in/uploads/plasticwaste/Notification-12-08-2021.pdf
- Government of India (MoEF and CC) 2022. The Plastic Waste (Management and Handling) Rules, 2022. The Gazette of India: Extra ordinary. G.S.R. 522(E) dated 06-07-2022. https://cpcb.nic.in/uploads/plasticwaste/2-amendment-pwmrules-2022.pdf
- Government of India (MoEF and CC) 2022. The Plastic Waste Management (Amendment) Rules, 2022. The Gazette of India: Extra ordinary. G.S.R. 133(E) dated 16-02-2022. https://cpcb.nic.in/uploads/plasticwaste/PWM-Amendment-Rules-2022.pdf
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