EPR / PWM 2016

Government Legislation.

Key Points of Plastic Waste Management Rules, 2016 (essentially applies to packaging plastic)

Relevant Definitions: -
  1. Plastic – means material which contains as an essential ingredient a high polymers like PET, HDPE, LDPE, PVC, PP, PC, PBT, ABS
  2. Plastic Waste – and plastic discarded after use or after their intended use is over
  3. Brand Owner – Person or company who sells any commodity under a registered brand level
  4. Institutional Waste generator – means institutional building occupied by Central Govt. Departments, State Govt Departments, Public or private sector companies, hospitals, schools, colleges, universities, organisation, academy, hotels, restaurants, malls and shopping complexes, etc.
  5. Waste generator – Every person or group of persons or institutions, residential and commercial establishments including India Railways, Airport, Port and Harbor and Defense establishments which generate plastic waste.
  6. Manufacturer – a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer. Like Reliance
  7. Producer – persons engaged in manufacturing or import of carry Bags or multi-layered packaging or plastic sheets or like and include industries or individuals using plastic sheets or like or covers made of plastic sheets or multi-layered packaging for packaging or wrapping the commodity.  For example Preform manufacturers and its consumers like Coke, Pepsi etc.
  8. Extended Producer’s responsibility – responsibility of a producer for the environmentally sound management of the product until the end of its life. 
  9. Recycling – means the process of transforming segregated plastic waste into a new product or raw material for producing new products.
  10. Waste management – collection, storage, transportation, reduction,  re-use, recovery, recycling, composting or disposal of plastic waste in an environmentally safe manner
Important Conditions –
  1. The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the concerned SPCBs or Pollution Control Committee.
Plastic Waste Management –
  1. By the urban local bodies in their respective jurisdiction – Recyclable plastic waste shall be channelized to registered plastic waste recyclers;
  2. The inert from recycling or processing facilities of plastic waste shall be disposed in compliance with the SWM Rules, 2000 as amended time to time
Responsibility of Municipal corporations –
  1. Development and setting up of infrastructure for segregation, collection storage, transportation, processing and disposal of the plastic waste whither on its own or by engaging agencies or producers
  2. For setting up, operationalization and co-ordination of the waste management system
  3. Ensuring segregation, collection, storage, transportation, processing and disposal of plastic waste
  4. Ensuring channelization of recyclable plastic waste to recyclers.
  5. Creating awareness among all stakeholders about their responsibilities,
  6. Ensuring restriction on open burning of plastic waste
  7. For setting up of system, Shall seek assistance of producers and such system is to be set up within one year of these Rules.
Responsibility of Waste Generator
  1. Source segregation of plastic waste
  2. Ensure segregated storage of waste at source
  3. Handover segregated waste to Municipal corporations or agencies appointed by them or registered waste pickers, registered recyclers or waste collection agencies
  4. Pay specified  user fee or charge to municipal corporations for waste collection from them by municipalities
  5. Every person organizing any event in open space which involves serving of food stuff in plastic packaging shall segregate and manage the waste generated during such events
Responsibility of Producers, Importers and Brand Owners
  1. Producers, within 6 months , shall work our modalities for waste collection system, based on EPR, through their own distribution channel or through the local body
  2. Primary responsibilities for collection of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collection back the plastic waste generated due to their products.
  3. Plan of collection is to be submitted to SPCBs while applying for consents.
  4. Submission of plan within one year, if consent renewed before these Rules, and implementation within 2 years thereafter.
  5. Every producer shall maintain a record of details of the person engaged in supply of plastic used as raw material to manufacture plastic packaging
Registration of Producer, Recyclers and Manufacturer
  1. Every Producer to apply to SPCB on Form I
  2. Every Recycler to apply to SPCB on Form II
  3. Every manufacturer to apply to SPCB on Form III
  4. SPCB shall not renew registration of Producer unless the producer possesses an action plan, endorsed by the secretary in charge of Urban Development of the concerned State for setting of Plastic waste management system.
  5. The Registration validity initially for one year and thereafter for 3 years
Annual Reports
  1. Recyclers to submit on Form IV to the concerned local body – copy to SPCB by 30th April each year.