PLASTIC WASTE (MANAGEMENT AND HANDLING)RULES,2016

18th march,2016

plastic Waste (management and handling)Rules.2016

Plastic Plastic waste

Waste manage

mentthe collection, storage, transportation reduction, re-use,recovery, recycling, composting disposal

Discarded plastic

After intended use is over

means material which contains as an essential ingredient a high polymer :polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene ,polypropylene

Polyethylene oxide

High density polyethylene

Vinyl

Polyethylene terephthalat

e

Polypropylene

Need of Plastic waste management Rules: Plastic Pollutes Beaches and Oceans

Plastic bag litters the landscape

Plastic kills animal

Indiscriminate disposal of plastic makes land infertile.

Disposing plastic into water risks marine life.

Burned plastic releases poisonous chemicals in the air.

Judgements:

Sarita Agnihotri Vs. State of M.P. and others 2004 (1)MPLJ 71

The petitioner, the President of an organisation called 'People for Animals' has preferred this writ petition under Article 226 of the Constitution to issue a writ in the nature of mandamus commanding the respondents to direct all the Collectors of the districts to issue orders forthwith banning the sale and consumption of polythene bags.

Guidelines Issued by court:1. Constitution of prescribed authority.2. SPCB shall check that no manufacturing takes place.3. Installation of Containers4. Checking Squad

2. Kerala Federation of Women Lawyer Vs. Corporation of Cochin 2011 (4)KLT 785

• Public Interest Litigation• Filed by Kerala Foundation of women lawyers• To prevent all kind of health hazard.

Court Held:

court issued order of prohibition against any person disposing or dumping waste in plastic carry bags or in any other non-biodegradable material in any public place or road side and if any person is found doing it, the Police should prosecute such person under S. 268 read with Ss. 269 and 278 of the Indian Penal Code.

1999 recycled plastic

manufacture and usage rules then in 2011 the Plastic Waste

(Management and Handling) Rules, 2011 were notified in 2011, which included

plastic waste management.

The Government has notified the Plastic Waste Management Rules, 2016, in suppression of the earlier Plastic Waste (Management and Handling)

Rules, 2011. The Plastic Waste Management Rules, that were notified on 18th March, 2016.

Introduction and Development of PWMR Rules:

the indiscriminate disposal of plastic has become a major threat to the environment. In particular, the plastic carry bags are the biggest contributors of littered waste and every year, millions of plastic bags end up in to the environment vis-a-vis soil, water bodies, water courses, etc and it takes an average of one thousand years to decompose completely. Thereby there is need of plastic waste management to deal with all plastic waste related problems.

PLASTIC WASTE MANAGEMNT RULES 2016-

WHAT’S NEW ?

Minimum thickness of Plastic carry bags increased from 40-50 Microns.

Responsibility of local bodies and gram panchayat.

Responsibility of Waste generator.

Collect back system and extended producer’s liability.

Responsibility of retailers and street vendors.

Registration of shopkeepers and street vendors.

(2) The rule 4 shall not apply to the export oriented units or units in special economic zones, notified by the Central Government, manufacturing their products against an order for export: Provide this exemption shall not apply to units engaged in packaging of gutkha, tobacco and pan masala and also to any surplus or rejects, left over products and the like.

Rule.2APPLICATION OF PWMR,2016

(1)These rules shall apply to every Waste Generator Local body, Gram Panchayat, manufacturer, Importers and producer.

3(C)carry bags mean bags made from plastic material or compostable plastic material, used for 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.

3(e)compostable plastics”

mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials.

3(h)extended producer’s responsibility

means the responsibility of a producer for the environmentally sound management of the product until the end of its life;

3(l)“institutional waste generator

means and includes occupier of the institutional buildings.

Rule:3 DEFINITIONS

3(m) “manufacturer”

means and include a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer.

3(s) “producer” means persons engaged in manufacture or import of carry bags or multi-layered packaging or plastic sheets or like.

3(n)“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 with one or more layers of materials such as paper, aluminium foil etc.

3(o) “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;

3(q)“plastic waste”

means any plastic discarded after use or after their intended use is over

3(t) "recycling" means the process of transforming segregated plastic waste into a new product or raw material for producing new products;

3(u) "registration” means registration with the State Pollution Control Board or Pollution Control Committee concerned, as the case may be.

3(v) “street vendor” shall have the same meaning as assigned to it in clause (l) of sub-section (1) of Section 2 of the Street Vendors Act.

3(w) “local body” means urban local body with different nomenclature such as municipal corporation, municipality, nagarpalika, nagarnigam, nagar panchayat.

3(y)“waste generator”

means and includes every person or group of persons or institution, residential and commercial establishments.

3(z)“waste management”

means the collection, storage, transportation reduction, re-use, recovery,recycling, composting or disposal of plastic waste in an environmentally safe manner;

Rule 4: Conditions• Natural Shade

• Recycled Plastic not to be used for packaging of edibles.

• Thickness of plastic shall be not less than 50 Microns.

• Plastic sheet forming part of integral packaging shall be not less than 50 Microns.

• Only Registered Producer to be provided Raw material.

• Plastic Sachets not be used for packaging Gutka, Pan masala, Tobacco

Plastic waste Recycle

Plastic waste

recycler

1.

Local bodies

Encourage use of non recyclable plastic

For road constructi

on

2.

Thermo set plastic

Processed and disposed

Guidelines issued by CPCB

3.

Inert from recycling or processing

Disposed of

Compliance with solid

waste managemnt rules,2000

4.

Rule 5: Plastic waste management:The plastic waste management by the urban local bodies shall be as under

Rule6. Responsibility of local body (1) Every local body shall be responsible for setting up of infrastructure for

segregation, collection, storage, transportation, processing and disposal of the plastic waste.

(2) Function Of Local Body(a) Ensuring segregation, collection, storage, transportation, processing and disposal of plastic waste;

(b) ensuring that no damage is caused to the environment during this process;

(c) ensuring channelization of recyclable plastic waste fraction to recyclers;

(d) ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance

(e) creating awareness among all stakeholders about their responsibilities;

(f) engaging civil societies or groups working with waste pickers; and

(g) ensuring that open burning of plastic waste does not take place.

(3) The local body for setting up of system for plastic waste management shall seek assistance of producers.

Rule7. Responsibility of Gram Panchayat.-

(1) Every gram panchayat either on its own or by engaging an agency shall set up, operationalize and co-ordinate for waste management in the rural area under their control and for performing the associated functions, namely,-

(a) ensuring segregation, collection, storage, transportation, plastic waste and channelization of recyclable plastic waste fraction to recyclers having valid registration; ensuring that no damage is caused to the environment during this process;

(b) creating awareness among all stakeholders about their

responsibilities; and

(c) ensuring that open burning of plastic waste does

not take place.

Rule8. Responsibility of waste generator

1.Waste generator shall minimize generation of plastic waste and segregate Not litter plastic waste and handover segregated plastic waste – local bodies

2. All institutional waste generator shall segregate and store in accordance with municipal solid waste management rules

3.All waste generator shall pay user fee.

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 event.

Rule9. Responsibility of producers, Importers and Brand Owners

ProducerWithin 6

months(from date of publication of rules)

Shall work out for waste collection

system based on EPR

Producers , Importers and Brand owners

Responsible to collect back sachets or pouches

Plan of collection to be submitted to SPCB

Manufacturing and use of

Non recyclable multi-layered

plasticTo be phased out in

2 years

Producer within 3 Months of publication of

RulesShall apply to PCB For Registration

No producerAfter expiry of 6 months(without

Registration)Use any plastic or

multilayered packaging

Producer to maintain record Of raw material supplier

Contd.

thickness.

registration number

name,

carry bag;

Rule 11. Marking or labeling-(1) Each plastic carry bag and multilayered packaging shall have the following information printed in English namely,-

certificate number

name

Compostable plastic

registration number of the manufacturer

Name

Multilayered packaging

Rule12. Prescribed Authority

State Pollution control board and pollution control committee

Enforcement of provisions for

registration,manufacturing of plastic

products,processing and disposal

Union Territory

Secretary in-charge of uraban development

Enforcemnt of provisons relating to waste managemnt

by waste generators

State and union territory

Concerned gram panchayatProvisons relating to waste managemnt by waste generator

Rural area (state or Union)

Rule 13. Registration of producer, recyclers and manufacturer

(1) No person shall manufacture carry

bags or recycle plastic bags or multi-layered

packaging

unless he has obtained a REGISTRATION

From SPCB or pollution control committee

(2) Every producer shall,

For REGISTRATION Or RENEWAL of Registration

make an application to the SPCB or the Pollution Control

Committee

(3) Every person recycling or processing waste or proposing to

recycle or process plastic waste

for REGISTRATION or RENEWAL of registration

for the recycling unit,

shall make an application to SPCB or the Pollution Control

Committee.

(6) The State Pollution Control Board or the Pollution Control Committee 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 or Union Territory for setting of plastic waste management

system.

(5) SPCB or pollution control committee

not to issue certificate of registration

Unless unit possess valid consent under

Water and air (prevention and

control of pollution)act

Contd.

(4) Every manufacturer engaged in manufacturer of plastic to be used as

raw material by the producer

for the grant of registration or for the

renewal of registration, in Form III.

shall make an application to the State Pollution Control Board or the

Pollution Control Committee of the Union

territory concerned.

decision on the grant of

registration shall be taken

within

ninety days of receipt of an application

which is complete in all

respects.

(9) The registration

granted under this rule shall

initially be valid for a period of

one year,

unless revoked, suspended or cancelled and

shall subsequently be granted for three years.

(10) State Pollution Control

Board or the Pollution Control Committees shall

not revoke, suspend or cancel

registration

without providing the opportunity of a hearing to the

producer or person engaged in

recycling or processing of

plastic wastes.

(11) Every application for

renewal of registration

shall be made at

least one hundred

twenty days before the

expiry of the validity of the registration certificate.

Contd.

Rule 14. Responsibility of retailers and street vendors-

Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheet or multi-layered packaging, which are not manufactured and labelled or marked, as per prescribed under these rules.

(2) Every retailers or street vendors selling or providing commodities in, plastic carry bags or multilayered packaging or plastic sheets or like or covers made of plastic sheets which are not manufactured or labelled or marked in accordance with these rules shall be liable to pay such fines as specified under the bye-laws of the local bodies.

(1) The shopkeepers and street vendors willing to provide plastic carry bags for dispensing any commodity shall register with local body. The local body shall, within a period of six months shall make provisions for such registration on payment of a minimum fees of Rs. 48,000 i.e. Rs. 4000 p.m. as plastic waste management fees.

(2) Only the registered shopkeepers or street vendors shall be eligible to provide plastic carry bags for dispensing the commodities.

(3) The local body shall utilize the amount paid by the customers for the carry bags exclusively for the sustainability of the waste management system within their jurisdictions.

Rule 15. Explicit pricing of carry bags

. EVERY PERSON(engaged in recycling or processing)

Local body(under intimation to SPCB)

State pollution control board, pollution control committee

Central pollution control board

Central Government

Rule 17. Annual reports-

1.There should Be constitution of high level committee.

2. Collector of each district shall constitute a “checking squad”.

3.“compliance Report”.

4.“Alternatives of carry bags”

Suggestions :

5.Tax should be levied.

6.Strict penalty should be there.

7.Subsidy Should be provided to manufacturer of alternatives of plastic carry

bags.

Contd.

Germany South Africa, (OB) Italy, (OB 2010) Australia, (OB in supermarkets 2008) India, (OB in area's including Mumbai) Somalia, (OB) Botswana, (OB) Philippines, (OB) Kenya, (OB) Japan Turkey Zanzibar, (OB) Eritrea, (OB) Ethiopia, (OB) Papua New Guinea, (OB) Samoa, (OB) Belgium, (OB) Malta China

Countries and states having outright ban on plastic carry bags

Parameters Plastic Waste (Management and Handling) Rules, 2011 Plastic Waste Management Rules, 2016

Scope of application •Applicable only to the municipal areas 

Applicable to every • waste generator,• gram panchayat • local bodies• manufacturers, Importers and producers.•Jurisdiction also extended to rural area also.

Prohibition Minimum thickness for plastic carry bags 40 microns only.

Minimum thickness of plastic carry bags increased from 40 to 50 microns. 

Responsibility of Waste Generators

Waste generators like- event  organisers, institutional generators  etc. earlier were not under any specific responsibility, within these rules. 

Individual and bulk generators like commercial establishments, offices, industries, event organizers have to segregate the plastic waste at source, handover segregated waste, and also pay user fee as prescribed by ULB and spot fine in case of violation.

Responsibility of retailers, street vendors

No specification.

Only the shopkeepers, or street vendors registered with the local body after payment of a fee (Rs. 48,000/- @ Rs 4,000/- per month) will be eligible to provide plastic carry bags for dispensing the commodities.

Extended Producer Responsibility (EPR) for producers and brand owners

No specificationintroduced EPR for producers and brand owners – making them responsible for the waste generated from their products.

 

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