16 Plastic Waste Management Rules, 2016

Manoj Kumar Sharma

epgp books

 

 

Introduction

 

Plastic has reached every nook and corner of the world and India is no exception. Plastics are used in manufacture of toys, furniture, clothing, household and industrial products, packaging, pharmaceutical industry, shopping bags, packaging of food-stuffs and other items, building materials etc. In India, traditionally, we used to carry bags made of cloth (reusable bags) for shopping and other purposes. However, the advent of plastic and plastic carry bags has reversed this trend or even eliminated to a great extent the use of reusable bags. As of now, plastic bags are used largely for shopping. This coupled with wide range of plastic use for other purposes has led to tremendous increase in generation of plastic waste in India and across the globe. Share of plastic waste in SW has increased from 0.6% in 1996 to 9.2% till 2005 (World Bank, 2008). As per reports, majority of plastic waste is composed of plastic carry bags and packing (Kanupriya Gupta, 2011). As we all know that plastics are made from long chain of hydrocarbons derived from petroleum products. Large portion of the petro-based plastics are non-biodegradable and hence it causes a serious environmental issue.

 

CPCB had conducted a study on use of Plastics and plastic waste generation in 60 cities of India and as per its report around 4059 Tonnes Per Day (TPD) plastic waste is generated in the cities studied. Using this data, CPCB has estimated that around 25940 TPD of plastic waste is generated in the country. CPCB has further pointed out that plastic waste constituted more than 12% of the Municipal Solid Waste in cities like Surat and the average plastic waste generation in cities under study was around 6.92%. Further, CPCB Report shows that around 94% of the waste consists of thermoplastic content which is recyclable and the balance 6% is non-recyclable. The study therefore, emphasized the effective management of plastic waste where the recyclable content can be processed and recycled instead of being dumped in landfill sites thereby polluting the environment (CPCB Report). Further, as per the information provided to CPCB in the annual reports for the period 2013-14 and 2014-15, there are unregistered industries involved in manufacturing/recycling of sub-standard (less than 40 microns thickness) plastic carry bags and other products which are sold to stockists and sellers.

Thus, the consumers enjoy the convenience of plastic bags and they resort to rampant use of the same and discard them after use by throwing them in dustbins, drains, open roads etc in utter disregard to environmental risk posed by these practices. However, the society has to pay the price. The unscientific disposal of plastic waste pollutes the environment and also leads to clogging of drains resulting in water logging and spread of related diseases. Further, the plastic waste does not degrade for years and years and continue to fill the landfill sites and the incineration of plastic waste releases toxic matters in air severally polluting the air.

 

Learning Outcomes

In the above context, we shall study the evolution of Plastic Waste Management Rules in India, the implementation of those rules and the role played by the judiciary i.e. National Green Tribunal and Higher Courts and the role played by the executive in containing and managing the problem of Plastic Waste in India. The paper shall be divided into following rubrics:

 

  • Introduction
  • Plastic Waste Management Rules in India
  • Plastic Waste Management Rules, 2016
    • Objectives
    • Application and Scope of 2016 Rules
    • Conditions regarding Manufacture, Storage, Import, Stocking, Sale and Use of Carry
    • Bags Plastic Waste Management
      •  Recyclable Plastic Waste
      •  Non-Recyclable Plastic Waste
      • Thermo set Plastic Waste
  • Registration
  • Responsibilities of Manufacturers, Users, Producers, Local Bodies etc.
    •  Local Bodies
    •  Gram Panchayats
    •  Waste Generator
    •  Producers, Imports and Brand Owners
    •  Retailers and Street Vendors
  • Implementation and Monitoring Agencies
  • Other Salient Features of 2016 Rules

 

Introduction to Plastic Waste Management Rules in India

 

Under the provisions of Environment (Protection) Act, 1986, India had enacted The Plastic Manufacture, Sale and Usage Rules, 1999 to deal with the growing menace of plastic waste. These rules provided that the minimum thickness of plastic bags should be 20 microns. These rules were amended by Recycled Plastics Manufacture and Usage Rules, 2003. The Rules provided that the recycled plastics shall not be used for packing of food stuffs. These rules were replaced by 2011 rules i.e. Plastic Waste (Management and Handling) Rules, 2011. 2011 Rules increased the thickness of plastic carry bags to forty microns i.e. it prohibited the use of plastic carry bags of less than 40 microns thickness. 2011 Rules further provided that plastic can not be used for storing packing, selling or storing gutkha and pan masala.

 

Plastic Waste Management Rules, 2016

The Rules of 2011 have been replaced by Plastic Waste Management (PWM) Rules, 2016. The draft rules were made available for public notice and objections on 25th May 2015 and subsequently after considering the objections, Rules have been notified on 18th March 2016 by notification in the Official Gazette by the Ministry of Environment, Forests and Climate Change in exercise of powers conferred under sections 6, 8 and 25 of Environment (Protection) Act. PWM Rules, 2016 have overhauled the 2011 rules and have further fixed the responsibilities of various stakeholders.

 

Objective of PWM Rules, 2016

 

PWM Rules have been enacted with the following objectives

  • To encourage minimization of plastic waste
  • To enable and ensure source segregation and recycling of Plastic Waste
  • To encourage involvement of waste pickers, recyclers and waste processors in collection of plastic waste fraction either from households or any other source of its generation or intermediate material recovery facility
  • To fix responsibility on the basis of polluters pay principle
  • To ensure effective plastic waste management so as to minimize threat posed to the environment

Application of PWM Rules, 2016

 

PWM Rules, 2016 have been made applicable to every waste generator, local body, Gram Panchayat, manufacturer, producer and importer. Export oriented units and special economic zones have been excluded from the application of PWM Rules. However, this exemption has not been extended to units engaged in packing of gutkha, tobacco and pan masala.

 

It is worth mentioning here that Plastic Waste (Management and Handling) Rules, 2011 were not applicable to Gram Panchayats and therefore, rules did not cover a vast area covered by villages in India. However, PWM 2016 Rules have been made applicable to rural India also and the fact that plastic waste is generated and is affecting villages has been recognized and accepted by the Government.

 

Conditions regarding Manufacture, Storage, Import, Stocking, Sale and Use of Plastic Carry Bags – Rule 4

Since plastic waste consists mainly of plastic carry bags and packaging made of plastic or multilayered packing, therefore, PWM Rules laid down provisions for dealing with plastic carry bags and management of plastic waste generated out of these. In this context, Rule 4 lays down the conditions for the import, manufacture, stocking, distribution, sale and use of plastic carry bags, plastic sheets or covers made of plastic sheet and multilayered packaging. These conditions are discussed hereinafter

  • Plastic carry bags and plastic packaging are required to be in natural shade. Alternatively, they may be made using only the prescribed pigments and colorants. Bureau of Indian Standards (BIS) has prescribed Standard : IS 9833:1981 regarding use of pigments and colourants for use in plastics in contact with foodstuffs, drinking water and pharmaceuticals.
  • As stated earlier, PWM Rules, 2016 have increased the thickness of the plastic carry bag made of virgin or recycled plastic from forty microns to fifty microns. 2011 Rules provided that the carry bags shall not be less than forty microns in thickness. Thus 2016 Rules have increased the thickness of carry bags. It is a fact of common knowledge that the higher thickness plastic carry bags can be recycled. Whereas 1999 rules as amended by 2003 amendment prohibited plastic carry bags of less than 20 microns in thickness. Similarly, in case of plastic sheets and plastic covers for packing, wrapping etc, the prescribed thickness is fifty microns or higher except where thickness of the cover would adversely impact the product functionality. Under the PWM 2016, Central Pollution Control Board has (CPCB orders) directed the local bodies to ensure :
    • That all unregistered units manufacturing plastic carry bags having less than 50 microns thickness are closed down within 45 days from the date of notification of 2016 Rules.
    • That those found stocking, selling carry bags in contravention of PWM Rules, 2016 shall be penalised by closing down or confiscation of stocked or sold material within 60 days.
  • However, the above provision of thickness is not applicable to carry bags made of compostable plastic. Such carry bags are required to be in conformity with IS 17088:2008. Sellers and manufacturers of such carry bags are required to get a certificate from the CPCB before marketing or selling such carry bags.
  • Use of recycled plastics for packing, dispensing, storing and carrying of ready to eat or drink food stuffs has been prohibited.
  • Producers have been directed to get registered with SPCB and manufacturers have been prohibited from selling plastic as raw material to unregistered producers.
  • PWM Rules 2016 have also banned the use of sachets using plastic for storing, packing or selling  tobacco,  gutkha  and  pan  masala.  CPCB  has  directed  all  local  bodies  to  ensure compliance with this so that sachets/pouches suing plastic material including VMCH resins-a terpolymer of Vinyl Acetate, Vinyle Chloride and Maleic Acid shall not be used for storing, packing or selling gutkha, toboacco and pan masala. Violators are required to be penalized by closing down or confiscation.
  • Further, it is provided that the recycling of plastic waste shall be in accordance with IS 14534: 1998

From the perusal of the above, it is clear that India has not totally banned plastic carry bags but has made efforts to minimize and regulate the use of plastic bags. PWM Rules, 2016 have increased the minimum thickness of plastic carry bags, packaging, plastic covers for wrapping and plastic sheets to fifty microns.

 

Plastic Waste Management – Rule 5

PWM Rules, 2016 have made provisions for management of recyclable/non recyclable and thermo set plastic waste in accordance with prescribed Indian Standards. Rule 5 regarding management of plastic waste by urban local bodies provides as under:

 

  • Recyclable plastic waste is required to be channelized to registered plastic waste recycler. Rule 13 (3) require every person recycling or processing plastic waste to get himself registered with SPCB or with Pollution Control Committees. The application for registration is required to be made in Form II prescribed under the Rules.
  • PWM Rules, 2016 provide for the use of non-recyclable plastic waste in road construction. Indian Road Congress has prescribed guidelines in this context which are required to be complied with. In the alternative the use of non-recyclable plastic waste in waste to energy or waste to oil is required to be promoted and encouraged by the local bodies.
  • The inert from recycling or processing facilities of plastic waste is required to be disposed of in compliance with the Solid Waste Management Rules.
  • Further, Thermo set plastic waste is required to be disposed off as per the guidelines of CPCB. CPCB has issued detailed guidelines under this Rule for disposal of Thermo set plastic waste including Sheet Moulding Compound (SMC) and Fibre Reinforced Plastic (FRP). These guidelines have mulled three pronged strategy to deal with this kind of waste.
    • To minimize waste and use alternatives which can be recycled.
    • Co-processing of Thermo set polymer in Cement Plants. CPCB has preferred this option for management of Thermo set plastic waste and have mandated the producers of thermo set plastics, major users like industries, electricity authorities etc to chalk out modalities with cement plants for co-processing with cement kiln. To incentivize this method, CPCB has recommended reduction in water cess and consent fee for such cement plants.
    • Disposal in secured landfills

Registration – Rule 13

 

As stated earlier, PWM Rules, 2016 require every person manufacturing carry bags, recycling units, producers etc. to apply for registration under the PWM Rules 2016 in the prescribed form. Before proceeding further, it is expedient to discuss the meaning of Producer and Manufacturer and to understand the difference between the two. As per PWM Rules 2016, manufacturer means a person who manufactures plastic and supplies the same to the producer for being used as raw material {Rule 3(m)}. Producer, on the other hand, means a person who manufactures or imports plastic carry bags or packaging made of plastic or plastic sheets or plastic covers for wrapping/packing of commodities {Rule 3(s)}.

If a person is not registered under PWM Rules, 2016, he is prohibited from manufacturing carry bags or manufacturing and recycling plastic carry bags, multilayered packing. The application for registration is required to be filed with SPCB before commencement of the business.

Similarly every producer of plastic bags and recycler of plastic carry bags is required to apply for registration or renew his registration, if already registered. For registration/renewal, producers are required to submit action plan for setting of plastic waste management system. This action plan is required to be endorsed by Secretary in charge of Urban Development Department of the State Government.

So far as recyclers of plastic waste or plastic waste processing units are concerned, SPCB is to ensure before granting registration or renewing registration that they have obtained the requisite sanction under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Further, Registration or renewal or registration can not be done unless the concern is registered with District Industries Centre or other authorised agency of the government.

Application for registration shall be decided within 90 days. The initial registration shall be for a period of one year and subsequent renewal shall be for three years. SPCB has the power to cancel, suspend or revoke the registration for non-compliance with the provisions of the Rules. However, cancellation, suspension or revocation shall be made after providing reasonable opportunity of being heard.

Renewal application is required to be made atleast 120 days before the date of expiry of registration.

 

Responsibilities under PWM Rules, 2016

PWM Rules, 2016 cast responsibilities upon the Municipal Bodies, Gram Panchayats, Waste Generators, Producers, Manufactures and Importers. These are discussed hereunder.

 

Responsibility of Local Bodies – Rule 6

The responsibility of waste management primarily lies with the local governments i.e. Local bodies in urban areas and Gram Panchayats in rural India. Rule 6 lay down the duties and responsibilities of local bodies. Local governments are required to develop and set up infrastructure for segregation, collection, transportation, processing, and disposal of plastic waste. They are required to devise, set up and implement the waste management system. They may develop the waste management system entirely on their own or in collaboration with Producers or other external agencies. PWM system is required to be set up within one year from the date of publication of PWM Rules, 2016. Duties of local bodies are discussed hereunder:

 

  • To ensure segregation, collection, storage, transportation, processing disposal of plastic waste
  • To ensure the implementation of prohibition on open burning of plastic waste To ensure that PWM system causes no harm to the environment
  • To ensure channelization of recyclable plastic waste to registered recyclers
  • To ensure compliance with disposal of non-recyclable plastic waste as per the directions of CPCB i.e. to be used either in construction of roads or for waste to energy or waste to oil plants
  • To create awareness among the masses and other stakeholders regarding PWM systems
  • To encourage participation of waste pickers or civil societies/NGOs working with them in PWM
  • To frame bye-laws in consonance with PWM Rules

CPCB has directed the local authorities to ensure that there is no littering of plastic waste in public, religious and historical places within 60 days of the date of notification of these rules. The municipal authorities have been directed to collect the plastic waste and dispose the same as per PWM Rules, 2016

 

Responsibility of Gram Panchayat – Rule 7

As stated earlier, local governments are required to develop and set up infrastructure for segregation, collection, transportation, processing, and disposal of plastic waste. They are required to devise, set up and implement the waste management system. Therefore, responsibilities of Gram Panchayats are similar to responsibilities of local bodies. Their duties are detailed in Rule 7.

 

Responsibility of Waste Generators and Institutional Waste Generators – Rule 8

Rules define waste generator as every person and institution whether residential or commercial and it includes Railways, Airport, Port, Harbour and defence establishments {Rule 3(y)}. Institutional waste

generator includes every central/state government department, companies, hospitals, schools, colleges, universities, malls, hotels, restaurants, shopping complexes etc. {Rule 3(l)}. Every person generating plastic waste comes within the purview of PWM Rules, 2016 and is responsible to discharge their duties under PWM Rules. The duties of waste generators are as under:

  • To ensure minimization of plastic waste To segregate plastic waste
  • To ensure the disposal of plastic waste is in compliance with PWM Rules
  • To ensure that it is not littered on public roads etc. and to handover the same to registered waste pickers, registered recyclers or collection agencies
  • To pay user charges for PWM as per the bye-laws of local bodies

Further, event organizers, who organize an event in open space wherein foods stuffs are served in plastic packing, are also required to segregate waste and perform their duties under Solid Waste Management Rules, 2016.

Responsibility of Producers, Importers and Brand Owners – Rule 9

  • Like E-Waste Management Rules, thrust of PWM Rules is also on Extended Producer Responsibility and accordingly, Producers are required to get themselves registered under PWM Rules within three months from the date of publication of PWM Rules. If the registration is not obtained within six months, the unregistered producers are prohibited from manufacturing plastic carry bags or multilayered packaging etc
  • Producers are also required to make arrangements for development of a system for plastic waste collection and management in conjunction with Urban Development Department. This system is required to be worked out within six months from the date of notification of PWM Rules. As stated earlier, the main responsibility is of producers to collect back the packaging made of plastic or plastic sachet/pouches etc.
  • Under Water and Air Acts the establishments are required to get the consent of SPCB before establishment and this consent is required to be renewed on periodical basis. Producers of plastic carry bags/packaging/sheets/covers are required to devise the plan for collection of plastic waste generated by their products and submit it to SPCB while applying for consent for establishment or for renewal of the same. In case of existing establishments, the plan is required to be submitted within one year from the date of notification of PWM Rules.
  • PWM Rules have contemplated phasing out of non-recyclable multilayered packaging within two years from the date of notification of PWM Rules.
  • Producers are required to maintain record of manufacturer/supplier of plastic raw material

 

Responsibility of Retailers and Street Vendors – Rule 14

Retailers and street vendors have been prohibited from selling their commodities in plastic carry bags which are not manufactured or labelled in compliance with PWM Rules. Any retailer or street vendor providing plastic carry bags/plastic multilayered packing/plastic sheets for packing the commodities which are not in compliance with PWM Rules, shall be liable to fines and penalties as per bye-laws of local bodies.

 

Implementation and Monitoring Agencies

PWM Rules, 2016 have provided for constitution of implementation agencies. List of implementation agencies is given in Rule 13. In addition, monitoring agencies are also required to be constituted. A brief discussion is given hereunder.

 

State Level Monitoring Committee – Rule 16

State government/Union territory is required to constitute State Level Monitoring Committee consisting of the following

  • 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 NGO involved in Waste Management – Member
  • Commissioner, VAT – Member
  • Sales Tax Commissioner/Officer – Member
  • Representative of Plastic Association, Drug Manufacturers Association, Chemical Manufacturers Association – Member
  • One expert from Industry – Member
  • One Academician – Member
  • Director, Municipal Administration – Convener

The State Level Advisory Body shall meet at least once in Six Month and may invite experts, if it considers necessary.

Annual Reports – Rule 17

PWM Rules, 2016 have made it mandatory for various stakeholders to submit annual report as per the following details:

 

Other Salient Features of PWM Rules, 2016

 

Marking/Labelling      –  PWM  Rules,  2016  make  it  mandatory  for  every  plastic  carry  bag  and multilayered packaging to contain the marking and labelling which should be published in English. Marking/Labelling shall contain the following information.

  • Name, registration number of the manufacturer and thickness in case of carry bag
  • Name and registration number of the manufacturer in case of multilayered packaging
  • Name and certificate number in case of carry bags made from compostable plastic
  • Each recycled carry bag shall bear a label or a mark “recycled”

Explicit Pricing of Carry Bags – Rule 15 mandate that the shopkeepers and street vendors providing commodities in plastic carry bags/multilayered packaging shall get themselves registered with local body within six months on payment of minimum fee of Rupees forty eight thousand i.e. four thousand per month. The local body has been empowered to levy higher fee depending upon the sales figures and other factors. Further only the registered shopkeepers and vendors can provide plastic carry bags.

 

Judicial Intervention

It must be noted that judiciary has played an active role in protection of environment. Infact, sound environmental jurisprudence has been developed by Indian judiciary.

 

In Ankur Gutkha, Supreme Court of India expressed displeasure on the non-implementation of PWM Rules and observed that concerned authorities have miserably failed to initiate appropriate steps for the disposal of plastic waste. The court noted that the provisions relating to constitution of state advisory bodies and submission of reports were not implemented in letter and spirit and directed compliance with PWM Rules. It is worth mentioning here that CPCB had also issued directions vide its letter dated 19th December 2014 to States and local bodies on plastic waste management but no response was sent to CPCB. It shows the apathy of the local authorities regarding PWM in India.

PWM Rules, 2011 were challenged before the Supreme Court in various cases by Gutkha, Tobacco and Pan Masala dealers in R.M. Dhariwal, since PWM Rules, 2016 have banned the use of multilayered sachet containing Gutkha, Tobacco and Pan Masala. It was pleaded before the Supreme Court that 100% export oriented units which are manufacturing Gutkha, Pan Masala and Tobacco and packing them in multilayered plastic sachet and in other packages containing plastics should be exempted from the operation of PWM Rules. The Supreme Court, in accordance with its earlier decisions in Baba Global Limited v. Union of India and Harsh International v Union of India (2013) exempted 100% exports units from the applicability of PWM 2011 rules on the undertaking that they shall not sell the same in any part of India.

 

In Karuna Society for Animals, a petition was filed before Supreme Court of India praying for putting a prohibition on Open Garbage Disposal System owing to its serious problems. The petitioner also demanded, among other things, prohibition on the use, sale and disposal of plastic bags. However, Supreme Court of India has observed that it is not for the Apex Court to monitor the functioning of municipal bodies and local authorities regarding discharge of their duties in collection, disposal and management of plastic waste. The Court directed the Central and State Governments to deal with the issue with the help of Committees of Experts and the Regional Benches of National Green Tribunal.

 

Conclusion

 

From the foregoing discussion, it is clear that India has taken a step forward in reducing plastic waste to comply with its commitments towards protection of environment with sustainable development. However, it must be noted that India has not completely banned the use of plastic carry bags rather an attempt is made to reduce the usage and to regulate the manufacturing of plastic. However, despite the enactment of Rules and their updation and amendments, the situation in India is still far from satisfactory. After every function, marriage or political/religious event, littering of plastic is a common sight. Despite the responsibilities being cast upon the local bodies, panchayats etc, the scenes of littering of plastic waste on streets and roads are far too common which has created health problems as well. Plastic waste is many a times eaten by animals leading to serious health issues. In the past few years, we have witnessed continuous fire at landfill sites polluting and poisoning the air and the local authorities have turned a blind eye to such situations.

PWM Rules 2016 though have provided for Extended Producers Responsibility, however, how this will work and the modalities are still not clear. Further, waste pickers are mostly in the unorganized sector, how their role and concerns will be addressed by PWM Rules is not clear.

you can view video on Plastic Waste Management Rules, 2016

References

  • Kanupriya Gupta (2011), Consumer Responses to Incentives to Reduce Plastic Bag Use : Evidence from a Field Experiment in Urban India, SANDEE Working Paper no. 65-11
  • CPCB Report, September 2017
  • CPCB Order dated 30th June 2016
  • CPCB Guidelines regarding Thermo Set Plastics dated 25th May 2016
  • Ankur Gutkha v. Indian Asthma Care Society (Special Leave Petition 16308/2007) R.M. Dhariwal v. Union of India (2016) SCC Online SC 725
  • Karuna Society for Animals and Nature v. Union of India (2016) 14 SCC 303