Sugar Industries as Producers, Brand Owners and Waste Generators. Ensuring compliance to the Plastic Waste Management and Handling Rules 2016
Before drawing up a plan for compliance, it would be useful to understand some basic terms used in the Plastic Waste Management Rules of 2016.
- “brand owner” means a person or company who sells any commodity under a registered brand label.
- “extended producer’s responsibility” means the responsibility of a producer for the environmentally sound management of the product until the end of its life;
- “institutional waste generator” means and includes occupier of the institutional buildings such as building occupied by Central Government Departments, State Government Departments, public or private sector companies, hospitals, schools, colleges, universities or other places of education, organisation, academy, hotels, restaurants, malls and shopping complexes;
- “manufacturer” means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer.
- “multi-layered packaging” means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such aspaper, paper board, polymeric materials, metalized layers or aluminium foil, either in the form of a laminate or co-extruded structure;
- “plastic” means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate;
- “plastic sheet” means Plastic sheet is the sheet made of plastic;
- “plastic waste”means any plastic discardedafter use or after their intended use is over;
- “producer” means persons engaged in manufacture or import of carry bags or multi-layered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multi-layered packaging for packaging or wrapping the commodity;
- “recycling” means the process of transforming segregated plastic waste into a new product or raw material for producing new products;
- “waste generator” means and includes every person or group of persons or institution, residential and commercial establishments including Indian Railways, Airport, Port and Harbour and Defence establishments which generate plastic waste.
2. Based on the definitions as above all Sugar Industries appear to fall in the category of ‘Producers and Institutional waste generators or waste generators’ andare expected to comply with provisions of the Plastic Waste Management Rules 2016 as amended. Sugar Industries, unless engaged in the process of production of plastic raw materials are not included as ‘Manufacturers”. Those industries which are selling sugar under a registered brand label shall also be additionally included as “Brand owners”. Compliance by sugar industries has therefore to be ensured as producers and institutional waste generator and where applicable as a Brand owner.
3. Actions to be taken by individual units as producers/brand owners. No further time limits are currently available.
- Immediately work out a waste collection system based on extended producer responsibility and involving State Urban Development Department either individually or collectively through their own distributional channel or through the local body concerned and submit the action plan to the State Pollution Control Board with the application for consent or immediately if the said consent is already granted. The format for the Action Plan is attached. (Annexure 1) The Central Pollution Control Board has agreed that if an equivalent amount of plastic is collected and recycled then a certificate from the recycler would be acceptable as adequate compliance to EPR. The CPCB has a system of registeringPRO’s which are producer responsibility organisations and have been created to act on behalf of the producer/brand owner and assist in the proper compliance to the rules including collection and disposal of plastic waste. UPSMA could seek a list ofregistered PRO’s as available from the CPCB. Individual sugar industries may engage any of the PRO’s who would guide and assist in the compliance to the Extended Producer responsibilities of the Industry. Registration of PRO’s does not appear to be a mandatory prerequisite as it is not provided in the rules and the industry could engage any professional/ PRO to assist it in the compliance of these rules or choose to manage it inhouse. Many PRO’s are already working. The State Pollution Control Board also registers plastic waste recyclers who could be directly contacted for buying plastic credit (proof of equivalent plastic recycled). UPSMA could seek a list of such recyclers from the U.P.Pollution Control Board. Since state boundaries are not of significance in selecting a recycler therefore lists from other states may also be useful.
- Immediatelyapply to the Pollution Control Board in Form 1 for registration under Rule 9(4) of the Plastic Waste Management Rules 2016. (Annexure 2) Form 1 is available along with the rules of 2016 and also on CPCB web site.In case the Sugar industry is operating in 1 or 2 states then the application has to be made to the State Pollution Control Board but if it is operating in more than 2 states then the application has to be made in Form 1 to the Central Pollution Control Board. This would also require submitting an action plan on collecting back the plastic waste and therefore this action plan must be ready. A format for the action plan is attached. Annexure 1. Rule 13 of the plastic waste management rules 2016 also provides for registration but this is applicable for units engaged in processing or recycling of plastic waste and hence your recycler must necessarily possess a copy of this registration. Rule 13 also provides for registration for manufacturers which may not be applicable on sugar industry.Rule 13(2) does make a provision for a registration of Producers butthis is the same as a registration under rule 9 and the application has to be made in the same Form 1 as above.
4. Actions to be taken by individual units as waste generator:
Apart from bagging operations which requires compliance to the extended producersresponsibility provisions, the sugar industry may also be handling other plastic wastes which may include packaging materials for goods and substances utilized in the sugar industry. These wastes have to be managed properly and the waste generator shall have to ensure to:
- take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000 or as amended from time to time. (Now Rules of 2016)
- not litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayat or agencies appointed by them or registered waste pickers’, registered recyclers or waste collection agencies;
(2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centers either on its own or through the authorized waste collection agency.
(3) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of the local bodies for plastic waste management such as waste collection or operation of the facility thereof, etc.;
(4) Every person responsible for organising an event in open space, which involves service of food stuff in plastic or multilayered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time.
Although the provisions, as above, mention compliance to the Municipal Solid Waste (Management and Handling) Rules 2000 yet since they have been amended in 2016 therefore compliance may be ensured as per the Solid Waste (Management and Handling) Rule, 2016 regarding segregation, storage and disposal. Segregated wastes have to behanded over to authorized waste processing or disposal facilities or depositions centres either on its own or through the authorized waste collection agency. It has therefore to be ensured by industry that the agency to whom the waste is being handed over for processing and disposal, possesses a valid authorisation under the solid waste management rules which also provide that every waste generator shall segregate and store the waste generated by them namely as biodegradable,non-biodegradable and domestic hazardous waste in suitable bins and hand over segregated waste to authorised waste pickers or waste collection as per the direction or notification by the local authorities from time to time.
5. It can be summarised therefore that the Sugar Industries may:
- Involving the State Urban Development Department, submit an action plan, for collection and disposal of plastic wastes, immediately to the State Pollution Control Board along with the application for consent or directly where a valid consent exists. (Format at Annexure 1)
- Engage Producer Responsibility Organisations / Professionals for assistance or engage recyclers directly for Plastic credits.
- Immediately apply for registration as a producer and also as a brand owner, if applicable. (Format at Annexure 2) Application to be made to State Pollution Control Board if operating in one or two states or to the Central Pollution Control Board if operating in more than 02 states.
- Segregate and collect other plastic wastes and ensure disposal through authorised vendors only.