39 Plastic waste management rules (2016)

Vikram Singh Kahlon

Objectives:

The aim of this chapter is to appraise the reader about the legal provisions related to production of plastic, its collection, plastic waste management and responsibility of local body, Gram Panchayat and waste generator

1.0 Introduction

Plastic production and waste generation is increasing day by day since last three decades. Light weight, durability, flexibility and resistance have made plastic popular among public to meet their everyday needs. Plastics are non biodegradable material and hence is difficult to be removed from the environment. Their persistence in the environment has resulted in long term effects. To regulate the plastic production, usage and associated waste generation plastic waste management rules were framed. Plastic waste management and handling rules 2011 was published on 4th February 2011 by the government of India. The rules were framed to focus on minimization, source segregation, recycling and waste processing. The rule also focuses on collection of solid waste from homes or any source of generation. The act has been amended from time to time to provide a regulatory framework for the management of plastic waste generated in the country. In suppression of the plastic waste handling rules 2011, new plastic waste management and handling rules (2016) were notified by the government of India on 18th March 2016. These rules were initiated with the powers conferred by section 36 and 25 of the Environment Protection Act 1986.

2.0 Plastic waste management rules 2016

In India more than 18000 tons of plastic waste is generated everyday out of which about 12000 tons is collected and processed but the remaining plastic is left in the environment causing pollution. The toxic gases such as dioxins released during burnt are carcinogenic and affects human health. Carry bags are the biggest source of plastic pollution. Plastics does not undergo decomposition and hence remain in the environment for many years. To overcome, minimize and regulate the plastic production and waste generation, the Government of India has notified plastic waste management rules 2016. The rule will help in achieving the objectives of Swachh Bharat Abhiyan as cleanliness is the essence of Health and tourism.

The main objectives of this rule are:

• To increase the thickness of plastic carry bags from 40 microns to 50 microns. This might facilitate easy collection and recycling.

• The rule recommends 250 microns thickness for plastic sheets to enable collection and recycle.

• To extend the management of plastic waste to rural areas

• To ensure that the producers and generators take responsibility in plastic waste management. Further, as part of extended producer responsibility the producers and generators should introduce collect back system.

• Introduce plastic waste management fee for producers and waste generators (producers and importers of plastic carry bags, packaging materials and vendors selling them

• To promote the use of plastic wastes in road laying, energy production and oil production. This is done to bring a sense of responsibility in waste generator.

• It is difficult to ban plastics as there is no alternative product being developed till date. Hence the focus is to improve the plastic management system.

The rule holds local body, gram Panchayat, manufacturer, importers and producer responsible for the proper management of plastic waste. As per the notification of the Central government, exporters and various units in Special Economic Zones are exempted from this rule. However, those units which are engaged in Packaging of gutka, tobacco and pan masala and any leftover products are not exempted under this rule.

3.0 Definitions

There are certain definitions under the Plastic management rules such as:

Brand owner: the person or a company who sells any item under the registered brand.

Carry bags: any bag which is made from plastic material that can be used for carrying objects or materials.

Commodity: any product that can be bought or sold and which includes all marketable goods.

Compostable plastics: that results in degradation after a certain period of time or are biodegradable and produce carbon dioxide, water, inorganic compounds and which does not produce any toxic Residue such as dioxins.

Consent: it is the permission taken in advance from the State Pollution Control Board or Pollution Control Committee for construction and operation of waste management plant.

Disintegration: is the physical break down into smaller parts.

Extended producer responsibility: it will be the wholesome responsibility of producers to produce environmentally safe products.

Food-stuffs: any consumable products such as: fast food, processed or cooked food in liquid, powder, solid or semi-solid form.

Importer: means a person who imports or intends to import and holds an Importer -Exporter Code number, unless otherwise specifically exempted.

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: those persons or unit or agency that are engaged in production of raw material to produce plastic by the producer.

Multilayered 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 as paper, paper board, polymeric materials, metalized layers or aluminium foil, either in the form of a laminate or co-extruded structure

Plastic: synthetic material which contains one or many of the such compounds like: 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 waste: means any plastic discarded after use or after their intended use is over

Producer: means persons 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

recycling: means the process of transforming segregated plastic waste into a new product or raw material for producing new products

Virgin plastic: any plastic that is completely freshly manufactured and devoid of any earlier use or any type of mixing with waste.

Waste management: it is the collection, storage, transportation reduction, re-use, recovery, recycling, composting or disposal of plastic waste in an environmentally safe manner.

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 Defense establishments which generate plastic waste;

Waste pickers: mean individuals or agencies, groups of individuals voluntarily engaged or authorized for picking of recyclable plastic waste.

4.0 Conditions of plastic

Any plastic material that is manufactured by the manufacturer or when imported should follow these conditions such as:

The plastic bag or plastic that is used for packaging should have its own natural shade and it should be without any added coloration or pigmentation in accordance with the Indian standards: IS 9833:1981 titled “list of pigments and colorants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water” which is amended from time to time.
Packaging, storing and carrying of any type of foodstuffs in plastic cannot be made up of recycled plastics or products made from recycled plastics.
50 microns is the stipulated thickness for carry bags made from recycled plastics.
Any plastic that is not used in packaging of any product, its thickness should not be less than 50 microns.
Registration from the state pollution control board or Pollution Control Committee, is necessary for the manufacturer to provide plastic as raw material to a producer.
Storing of Gutka, tobacco and Pan masala is prohibited in plastic sachets.
Recycling of plastic waste is according to Indian standards: IS 14534:1998 titled as “guidelines for recycling of plastics”.
Stipulation of thickness in plastic is not applicable to carry bags made out of compostable plastic and shall conform to the Indian Standard: IS 17088:2008 titled as “specification for compostable plastics”.
Any plastic material having vinyl acetate, malic acid, and Vinyl chloride copolymer cannot be used for packaging or storing of gutka, Pan Masala and tobacco.

5.0 Plastic waste management

Due to the large amount of plastic waste produced in industries and domestic places it has become impossible to completely ban the use of plastics, therefore certain recommendations and rules have been compiled for the proper management of plastic waste. This includes responsibilities, labelling or marking and pricing. Any plastic waste whether domestic or industrial, it shall be managed according to these points:

Plastic waste recycling should be done by registered plastic waste recycler and it shall confirm to Indian standards: IS 14534:1998 titled as “guidelines for recycling of plastics”.
Non-recyclable plastics which cannot be further recycled, should be used for road construction, energy recovery or waste to oil by local body. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with.
Thermoset plastic can only be processed and disposed of as per guidelines issued by the Central pollution control board.
Any residue or inert form of the plastic can only be disposed off as per the Solid waste management rules, 2000.

6.0 Responsibilities

6.1 Local body

Any local bodies such as the Municipal corporation or the District administration is responsible for the development and setting up of machinery or infrastructure for segregation, collection, transportation, processing and disposal of plastic waste on their own or by engaging third party agencies and for performing certain associated functions such as:

To segregate, collect, store, process and dispose of plastic waste.
To protect the environment from plastic waste collection and treatment.
Proper delivery mechanism of recyclable plastics to recyclers.
Proper processing and disposal mechanisms of non-recyclable plastic in accordance with Central pollution control board.
To engage civil societies, NGOs and other groups to create awareness about plastic waste and ensure that plastic waste is not burnt in open.
They should also ensure that their responsibilities are properly done.
Setting up of proper treatment and disposal mechanisms. Infrastructure shall be provided within one year from the final date of publication of these rules.

6.2 Gram Panchayat

For proper collection, segregation, transport, storage and disposal of plastic waste in rural areas, the Gram panchayat can co-ordinate the waste management on its own or by employing an agency for performing the associated functions such as:

Creating proper storage and treatment mechanisms to reduce plastic waste and ensure channelization of recyclable plastic to registered recyclers and protection of environment from any damage.
Promoting awareness about open burning of plastic waste and responsibilities of all stakeholders.

6.3 Waste generator

The waste generator includes all institutions, individuals and agencies. Steps that the waste generator must take include:

Take steps to reduce of plastic waste generation. Focus on segregation at the source, in accordance with Solid waste management rules, 2000.
The segregated plastic waste should be stored and distributed to Municipal Corporation or Gram panchayat in case of rural body or any other registered agency dealing with plastic waste management.
The waste generators shall pay a certain fee as specified by the bye-laws of local bodies.
In any event which is organized in an open space by an individual or an organization and which involves the use of plastic for servicing of food items, must segregate the plastic waste at the source in accordance with the Municipal Solid waste management and handling rules, 2000.

6.4 Producers, Importers and Brand owners

The producer or manufacturer has to create a collect back system within a period of 6 months from the date of publication of these rules in accordance with State Urban Development departments either on their own or by involving any agency. The use of plastic for storing or any packaging material is the sole responsibility of the producer or brand owners who introduced such products into the market, therefore, it’s their responsibility to devise a mechanism for proper segregation and collect back systems of the plastic generated from such products. Any such plan should be in consent with the state pollution control board and it should be submitted within one year from the date of notification of these rules and implemented within 2 years of submission. These rules also lay emphasis on the phasing out of non recyclable plastic within 2 years of time and producers after being registered under the state pollution control board can produce or manufacture plastic for Packaging of commodities.

It will be the sole responsibility of the producer to maintain record of details of the person that are engaged in use of plastic as raw material for manufacturing of carry bags or any such plastic material that are used in packaging.

6.5 Retailers and Street vendors

It is the responsibility of retailers and Street vendors to not sell or provide commodities to consumers in carry bags or plastic sheets which are not manufactured and labelled or marked, if they do so they are liable to any fine specified under the by-laws of the local bodies.

7.0 Protocols for Compostable plastic material

The degree of degradability and disintegration of plastic material shall be according to the given protocol of the Indian Standards as such:

IS/ISO 1485:1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium method by measuring the oxygen demand in a closed respirometer.
IS/ISO 14852:1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium method by analysis of evolved carbon dioxide.
IS/ISO 14853:2005 Plastics determination of the ultimate anaerobic biodegradation of plastic materials in an ecosystem method by measurement of biogas production.
IS/ISO 14855-1:2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions method by analysis of evolved carbon dioxide part 1 general method.
IS/ISO 14855-2:2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions method by analysis of evolved carbon dioxide part 2 gravimetric measurement of carbon dioxide involved in a laboratory scale test.
IS/ISO 15985:2004 Plastics determination of the ultimate and aerobic biodegradation and disintegration under high solids anaerobic digestion conditions methods by analysis of released biogas.
IS/ISO 16929:2002 Plastics determination of degree of disintegration of plastic materials under defined composting conditions in a pilot scale test.
IS/ISO 17556:2003 Plastics determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a respirometer for the amount of carbon dioxide evolved.
IS/ISO 20200:2004 Plastics determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory scale test.

8.0 Marking or labelling

Any plastic carry bag or packaging material should have the following information printed in English such as:

Name, registration number and thickness of carry bag.
Name and registration number of the manufacturer in case of multi layered packing.
Name and certificate number in case of carry bag made from compostable plastic.
Each carry bag shall wear a label or a mark “recycled” and shall confirm to the Indian Standard: IS14534:1998 titled as guidelines for recycling of plastics. The carry bag should also have a label “compostable”, conforming to the Indian Standard: ISO 17088:2008 titled as specifications for compostable plastics.

9.0 Prescribed authority

State pollution control board and Pollution Control Committee in union territory shall be the authority for enforcement of provisions of these rules relating to registration, manufacture of plastic products, packaging, processing and disposal of plastic waste.

Secretary in charge of Urban Development of state or union territory will have the powers for enforcement of provisions of these rules relating to waste management by waste generator and use of plastic carry bags or plastic sheets.

The concerned Gram panchayat shall be the authority for enforcement of these rules relating to waste management by the waste generator and use of plastic bags or plastic sheets in the rural area.

The authority in urban or in rural area can take the help of District Magistrate or the deputy commissioner within the territorial limits of the jurisdiction of the concerned district for the enforcement of these rules.

10.0 Registration

To produce, manufacture plastic and plastic materials, prior registration is important from State pollution control board. For registration or to renew the registration the plastic producer has to make an application to the State pollution control board or Pollution Control Committee of union territory concerned in form 1. Those concerned with recycling of plastic waste also has to obtain registration from the State pollution control board in form 2. Manufacturers engaged in manufacturing of plastic raw materials for the producers have to obtain registration from the State pollution control board in form 3.

The state pollution control board or the Pollution Control Committee of a Union Territory has the power to not issue or renew registration of plastic waste recycling for Processing Unit unless the unit possesses a valid consent under the Water (prevention and control of pollution) act, 1974 and Air (prevention and control of pollution) act, 1981 and along with certificate of registration from the district Industries Centre.

They can also not issue or renew the registration unless the producer possesses an action plan for setting up Plastic waste management system. Application when complete in all respects for registration of recycling or processing plastic waste and submitted to the state pollution control board for the Pollution Control Committee, only then the authority can issue the certificate after an inquiry if they seem that the industry has the proper facilities, technical capabilities and equipment to handle plastic waste safely.

The decision to grant the certificates has to be made within 190 days of the receipt of an application and it is initially granted for a period of 1 year unless revoked, suspended or cancelled and shall subsequently be granted for 3 years, the authority will not cancel or revoke the registration without giving an opportunity of hearing to the producer or the person engaged in recycling or processing of plastic waste. For renewal of registration the application should be made at least 120 days before the expiry of the validity of the registration certificate.

11.0 Explicit pricing of carry bags

Any such shopkeepers or street vendors willing to provide plastic carry bags for carrying of any commodity should register with local body and this local body (State pollution control board or Pollution Control committee) has to notify within a period of six months from the date of final publication of these rules in the Official Gazette of India or by an order under the appropriate state byelaws can make provisions for such registration on payment of plastic waste management fee of minimum rupees forty eight thousand @ rupees four thousand per month. The concerned local body may prescribe higher plastic waste management fee, depending upon the sale capacity. The registered shop keepers shall display at prominent place that plastic carry bags are given on payment.

Only the registered shopkeepers or street vendors shall be eligible to provide plastic carry bags for dispensing the commodities. This amount collected from selling of plastic to the customers will only be utilized by the local body for the sustainability of the waste management system within their jurisdictions. This will help reduce plastic waste in the environment and prevent any excessive production of toxic gasses.

12.0 State Level Monitoring Committee

The State government or the union Territory shall, for the purpose of effective monitoring of implementation of these rules, constitute a State Level Advisory Committee consisting of the following persons, namely:

The Secretary, Department of Urban Development – Chairman.
Director from State Department of Environment – Member.
Member Secretary from State Pollution Control Board or Pollution Control Committee – Member.
Municipal Commissioner – Member.
One expert from Local Body – Member.
One expert from Non-Governmental involved in Waste Management – Member.
Commissioner, Value Added Tax or his nominee, – Member
Sales Tax Commissioner or Officer – Member
Representative of Plastic Association, Drug Manufacturers Association, Chemical Manufacturers Association – Member
One expert from the field of Industry – Member and
One expert from the field of academic institution – Member
Director, Municipal Administration – Convener

13.0 Annual reports

Annual report (Form-IV) should be prepared by every person engaged in recycling or processing of plastic waste and submit to the local body concerned by the 30th April, of every year.
Every local body shall prepare and submit an annual report in Form –V to the concerned Secretary in-charge of the Urban Development Department under intimation to the concerned State Pollution Control Board or Pollution Control Committee by the 30th June, every year.
Likewise, the State Pollution Control Board or Pollution Control Committee shall prepare and submit an annual report in Form VI and submit it to the CPCB on the implementation of these rules by the 31st July, of every year.
CPCB shall prepare a consolidated annual report on the use and management of plastic waste and forward it to the Central Government along with its recommendations before the 31st August of every year.

Summary

At the end of this module we have studied about

Plastic waste management rules 2016
Definitions, authorities and responsibilities of various authorities
Plastic waste management
Protocols for compostable plastic material
Marking and labelling
Registration and State level Monitoring Committee

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References