Plastic Waste Management Rule 2016
Waste management consultancy service in guwahati.
Plastic waste management consultancy service in guwahati.
Plastic Waste Management Rule 2016 and amendment still date
1.Obligated Entities:
The following entities shall be covered under the Extended Producer Responsibility obligations and provisions of these guidelines namely:- (i) Producer (P) of plastic packaging; (ii) Importer (I) of all imported plastic packaging and / or plastic packaging of imported products; (iii) Brand Owners (BO) including online platforms / marketplaces and supermarket / retail chains other than those, which are micro and small enterprise as per the criteria of Ministry of Micro, Small and Medium Enterprises. Government of India: (iv)Plastic Waste Processors
2.Coverage of Extended Producer Responsibility:
(2.1) The following plastic packaging categories are covers under Extended Producer Responsibility:
(i) Category I Rigid plastic packaging;
(ii) Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic) , plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches ;
(iii) Category III Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic);
(iv) Category IV Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
(2.2) The Extended Producer Responsibility Guidelines covers the following with respect to plastic packaging namely :-
(i) Reuse;
(ii) Recycling;
(iii) Use of recycled plastic content;
(iv) End of life disposal.
3.Registration:
(3.1)(a) The following entities shall register on the centralized portal developed by Central Pollution Control Board namely:-
(i) Producer (P);
(ii) Importer (I);
(iii) Brand owner (BO);
(iv) Plastic Waste Processor engaged in (a) recycling, (b) waste to energy, (c) waste to oil, and (iv) industrial composting,
(b) Registration of Producers, Importers &Brand-Owners (operating in one or two states) and Plastic Waste Processors shall be done by State Pollution Control Board or Pollution Control Committee through the centralized Extended Producer Responsibility portal developed by Central Pollution Control Board .
(3.2) The entities covered under clause 6.1 shall not carry any business without registration obtained through online centralized portal developed by Central Pollution Control Board.
(3.3) The entities covered under clause (6.1) shall not deal with any entity not registered through on-line centralized Portal developed by Central Pollution Control Board. Brand owners falling under Micro & Small Enterprise Category as per the definition of MSME act, Govt. Of India , are exempted from Obtaining the Said Registration.
4. Generation of surplus Extended Producer Responsibility certificates, carry forward and offsetting against previous year Extended Producer Responsibility targets and obligations, and sale and purchase of surplus Extended Producer Responsibility certificates:
(4.1) A Brand Owner who has fulfilled their Extended Producer Responsibility targets, category-wise, can use the surplus for the following namely :-
(i) Off setting previous year shortfall subject to clause 5.5
(ii) Carry forward for use in succeeding year;
(iii) Sell it to other Producers, Importers & Brand – Owners.
5.Imposition of Environmental Compensation:
(5.1) Environmental Compensation shall be levied based upon polluter pays principle, with respect to non-fulfillment of Extended Producer Responsibility targets by Producers, Importers & Brand Owners, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environment pollution.
(5.2) The Environment Compensation, as applicable, shall be levied by respective State Pollution Control Board on the Producers, Importers & Brand-Owners operating in their jurisdiction (for Producers, Importers & Brand-Owners not operating in more than two states / Union Territory’s), Plastic Waste Processors which includes recycles and other waste processors – waste to energy, waste to oil , co – processors , with respect to non - fulfillment of their Extended Producer Responsibility targets or responsibilities and obligations set out under these guidelines . In case, the State Pollution Control Board or Pollution Control Committee does not take action in reasonable time, the Central Pollution Control Board shall issue directions to the State Pollution Control Board / Pollution Control Committee.
(5.3) Payment of environmental compensation shall not absolve the Producers, Importers & Brand-Owners of the Obligations set out in these guidelines . The unfulfilled Extended Producers Responsibility obligations for a particular year will be carried forward to the next year for a period of three years. In case, the shortfall of Extended Producer Responsibility obligation is addressed within three years. The environmental compensation levied shall be returned to the Producers, Importers & Brand-Owners as given below, namely:-
(i) Within one year of levying of EC: 75% return
(ii) Within two years 60% return;
(iii) Within three years 40% return,
6.Role of Producers, Importers & Brand-Owners:
(6.1) The Producers, Importers & Brand-Owners shall have to register through the online centralized portal developed by Central Pollution Control Board. The Certificate of registration shall be issued using the portal.
(6.2) Producers, Importers & Brand-Owners shall provide Action Plan containing information on the Extended Producers Responsibility Target , category wise , where applicable, through the online centralized portal developed By Central Pollution Control Board , along with application for registration or renewal of registration under Plastic Waste Management Rules, 2016. The Action Plan shall cover tenure of the Registration as per the provisions of Plastic Waste Management Rules, 2016.
(6.3) Brand Owner covered under clause 4 (iii) shall provide details of plastic packaging purchased from Producers and / or Importers covered under clause 4 (i) and 4 (ii) separately. The quantities attributed to each Producer and Importer covered under clause 4 (i) and 4 (ii) obligated upon Brand Owner.
(6.4) The Producers and Importers covered under clauses 4 (i) and 4 (ii) will maintain the record of the quantity of plastic packaging material made available to Brand Owner covered under clause 4
(6.5) The Producers, Importers & Brand-Owners shall file annual returns on the plastic packaging waste collected and processed towards fulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board or concerned State Pollution Control Board or Pollution Control Committee as per pro forma prescribed by Central Pollution Control Board by the 30th June of the next financial year. Information on the reuse and / or recycled content used for packaging purposes will also be provided . The details of the registered recyclers from whom the recycled plastic has been produced will also be provided .
7. Role of Plastic waste Processors (Recyclers or other Waste Processors including industrial
Composting facilities)
(7.1) All Plastic waste processors shall have to register with concerned State Pollution Control Board or Pollution Control Committee in accordance with provision 13(3) of Plastic Waste Management Rules, 2016 on the Centralized procedure for registration within three months of the publications of these guidelines .
(7.2) The Plastic Waste processors shall submit annual returns after end of every financial year by 30th April of the next financial year on the quantity of plastic waste processed category –wise as per prescribed pro forma on the centralized portal developed by Central Pollution Control Board.
(7.3) Only plastic waste processors registered under Plastic Waste Management Rules , 2016 , as amended , shall provide certificates for plastic waste processing , except in case of use of plastic waste in road construction . In case where plastic waste is used in road construction the Producers, Importers & Brand Owners shall provide a self declaration certificate in pro forma developed by Central Pollution Control Board. The certificate provided by only registered plastic waste processors shall be considered for fulfillment of Extended Producer Responsibility obligations by Producers, Importers & Brand – Owners.
(7.4) The certificate for plastic packaging waste provided by registered plastic waste processors shall be in the name of registered Producers , Importers & Brand - Owners or Local authorities , as applicable, based upon agreed modalities. Central Pollution Control Board will develop mechanism for issuance of such certificate on the centralized portal.
(7.5) The Plastic Waste Processors undertaking end of life disposal of plastic packaging waste viz. Waste to Energy, waste to oil, cement kilns (co processing ) shall provide information on an annual basis as per prescribed pro forma, on the centralized portal developed by Central Pollution Control Board . These entities shall ensure the disposal of plastic packaging waste per relevant rules , guidelines framed by regulatory bodies in an environmentally sound manner.
8. Fulfillment of Extended Producer Responsibility Obligations
The Producers, Importers & Brand-Owner shall have to provide the details of recycling certificate only from registered recyclers along with the details of quantity sent for end of life disposal, by 30th June of next financial year while filing annual returns on the online portal. The details provided by Producers , Importers & Brand - Owners and registered plastic waste processors will be cross checked by the online portal. In case of difference, the lower figure would be considered towards fulfillment of Extended Producer Responsibility obligations of Producer, Importers & Brand – Owners . The certificates shall be subject to verification by Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee, as the case may be
Guidelines on Extended Producer Responsibility for Plastic Packaging
1. Background:
(1.1) The Ministry of Environment Forest and Climate Change (MoEFCC), (hereinafter referred to as _ The Ministry ), notified the Plastic Waste Management Rules, 2016 on 18 March, 2016. The Ministry also notified the Solid Waste Management Rules, 2016 on 8th April, 2016. As plastic waste is part of solid waste, therefore, both the rules apply to managing plastic waste in the country.
(1.2) The Plastic Waste Management Rules, 2016 , mandate the generators of plastic waste to take steps to Minimize generation of plastic waste , not to litter the plastic waste, ensure segregated storage of waste at source and have over segregated waste in accordance with rules. The Plastic Waste Management Rules, 2016 cast Extended Producer Responsibility shall be applicable to both pre-consumer and post-consumer plastic packaging waste.
2. Date of Coming into Effect: These guidelines shall come into force with immediate effect. The on-going processes related to Extended Producer Responsibility obligations will be aligned with these guidelines.
3. Definitions:
(a) --Biodegradable plastics II, other than compostable plastics , which undergoes complete degradation by biological process under ambient environment (terrestrial or in water) conditions, in specified time period, without leaving any micro plastic, or visible, distinguishable or toxic residue, which have adverse environment impacts, adhering to laid down standards of Bureau of Indian Standards and certified by Central Pollution Control Board.
(b) “Brand Owner” means a person or company who sells any commodity under a registered brand label or trademark;
(c) _ Carry Bags II (covered under Category II of plastic packaging – Clause (5.1) (II)) means bags made from Plastic material or compostable plastic material , used for the purpose of carrying or dispensing commodities which have a self carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use
(d) _End of Life disposal means using plastic waste for generation of energy and includes co-processing (e.g.in cement kilns) or waste to oil or for road construction as per Indian Road Congress guidelines, etc;
(e) _ Extended Producer Responsibility II means the responsibility of a producer for the environmentally sound management of the product until the end of its life;
(f) _ Importer II means a person who imports plastic packaging product or products with plastic packaging or carry Bags or multilayered packaging or plastic sheets or like ;
(g) _ Plastic II 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 ;
(h)_ Plastic Packaging II means packaging material made by using plastics for protecting , preserving , storing and transporting of products in a variety of ways ;
(i) _ Plastic Sheet II means plastic sheet is the sheet made of plastic;
(j) _ Plastic Waste Processors II means recyclers and entities engaged in using plastic waste for energy (waste to energy), and converting it to oil (waste to oil) industrial composting.
(k) _ Pre consumer plastic packaging waste II means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and plastic packaging waste generated during the packaging of product including reject , discard , before the plastic packaging reaches the end use consumer of the product.
(I) _Post consumer plastic packaging waste” means plastic packaging waste generated by the end use consumer after the intended use of packaging is completed and is no longer being used for its intended purpose.
(m) _Producer II means person engaged in manufacture or import of carry bags or multilayered packaging or Plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity ;
(n) _Recyclers II are entities who are engaged in the process of recycling of plastic waste;
(o) “Recycling” means process of transforming segregated plastic waste into a new product or raw material for producing new products;
(p) _ Reuse II means using an object or resource material again for either the same purpose or another purpose without changing the object’s structure;
(q) _ Use of recycled plastic II means recycled plastic, instead of virgin plastic , is used as raw material in the Manufacturing process;
(r) _ Waste Management II means the collection , storage , transportation reduction , re-use , recovery , recycling, composting or disposal of plastic waste in an environmentally sound manner;
For more details and updated notifications / rules, please read the various notifications issued by MoEF&CC, CPCB , PCB .
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