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Judgment
Issue raised in this application is non-compliance of the Plastic Waste (Management and Handling) Rules, 2011 as amended by the Notification dated 27.03.2018 by the respondents. The contention of the applicant is that the producers, brand owners, importers and plastic waste processors are presently operating in gross violation of
i. Guidelines on Extended Produce plastic Responsibility for packaging G. SR 133 (E) issued on 16th February, 2023
ii. Plastic Waste Management Amendment Rules, 2018 issued vide notification no G.S.R. 320 (E) dated 27th March, 2018.
The plastic waste is generated in extensively high quantities and the plastic waste is causing adverse impact on the environment as plastic is non- biodegradable product and remains as harmful component in the environment. The Ministry of Environment, Forest and Climate Change, Government of India formulated the Plastic Waste (Management and Handling) Rules, 2011 vide notification no. vide S.O. 249 (E) dated 04th February, 2011 to provide a regulatory framework for the management of plastic waste generated in the country, to give thrust on plastic waste minimization, source segregation from the recycling involving waste pickers, waste recyclers, and waste processors in the collection of plastic waste fraction either from households or any other source for immediate material recovery facility and adopt Polluter Pays principle for the sustainability of the waste management system.
The Central Government has time to time amended the Plastic Waste Management Rules to provide better plastic waste management and efficient disposal mechanism for plastic waste. The Ministry of Environment, Forest and the Climate Change has imposed a ban on manufacture, import, stoking, distribution, sale and use of single use plastic with effect from 1st July, 2022 vide notification dated 12th August, 2021. The list of banned items includes - ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (Thermocol) for decoration, plastic plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, cigarette packets, plastic or PVC banners less than 100 micron, stirrers etc.
The Ministry of Environment, Forest and Climate Change vide notification no. J.S.R 133(E) dated 16h February, 2022 has issued guidelines on Extended Producer Responsibility for Plastic Packaging. The guidelines issued by the Ministry of Environment, Forest and Climate Change has mandated Producers, Importers, Brand owners and Plastic waste processors to register on an online centralized portal by the Central Pollution Control Board. The entities shall require the registration to carry out any business and even mandated that any firm engaged in the business will only engage in business with registered entities only. The operation of the entities without business registration on centralized portal is completely prohibited/restricted as per the of Extended guidelines Producer Responsibility for plastic for plastic packaging.
The Registration on the centralized portal of CPCB is a mandatory requirement for operating a plastic manufacturing unit, for importers and brand owners engaged in the supply, use, or storing of plastic. Plastic manufacturers, importers, and brand owners have failed to comply with the mandatory regulations of the registration on the centralized portal of the Central Pollution Control Board as mandated by the Guidelines on Extended Producer Packaging.
Most of the entities are operating in the country without registration on the centralized portal. Central Pollution Control Board and State Pollution Control Boards or Pollution Control Committees have failed to take action against the entities who are operating in violation of the guidelines. The violation of the guidelines by the entities is a major reason for the failure to implement the Plastic Waste Rules, Management 2016 as CPCB is preparing the schemes of plastic waste management as per the registered entities whereas the actual operating entities are huge in number and it results in the generation of huge quantity of plastic waste for which there is no scheme for processing of plastic waste available with CPCB. The Municipal Authorities are responsible for the enforcement of rules relating to use, collection, segregation, transportation and disposal of plastic waste. CPCB in the report has mentioned that there are traces of microplastic in the human body which is adversely impacting the human body and is one of the reasons for many life-threatening diseases.
Amended Notification provides the following conditions for Plastic Waste Management:
“xxx …………………………………..xxx………………..……………….xxx
Plastic waste management: - The plastic waste management by the urban local bodies in their respective jurisdiction shall be as under: -
a. Plastic waste, which can be recycled, shall be channelized to registered plastic waste recycler and recycling of plastic shall conform to the Indian Standard: IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time;
b. Local bodies shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines or energy recovery or waste to oil etc. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with;
c. Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board; and
d. The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2000 or as amended from time to time.
Responsibility of local body. - (1) Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.
(2) The local body shall be responsible for setting up, operationalization and co-ordination of the waste management system and for performing the associated functions, namely: -
(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 with the guidelines issued by the Central Pollution Control Board;
(e) creating awareness among all stake holders 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 and such system shall be set up within one year from the date of final publication of these rules in the Official Gazette of India;
(4) The local body to frame bye-laws incorporating the provisions of these rules.
Responsibility of Gram Panchayat. - Every gram panchayat either on its own or by engaging an agency shall set up, operationalise 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
Responsibility of waste generator. - (1) The waste generator shall.-
a. Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000 or as amended from time to time;
b. Not litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayat or agencies appointed by them or registered waste pickers’, registered recyclers or waste collection agencies;
(2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centres either on its own or through the authorized waste collection agency;
(3) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of the local bodies for plastic waste management such as waste collection or operation of the facility thereof, etc.; and
(4) Every person responsible for organising an event in open space, which involves service of food stuff in plastic or multi-layered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time.
Responsibility of producers, Importers and Brand Owners.
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1) xxx ……………………………….xxx……………………..xxx
2) xxx ……………………………….xxx……………………..xxx
3) Manufacture and use of multi-layered plastic which is non - recyclable or non - energy recoverable or with no alternate use of plastic if any should be phased out in Two years time;
xxx ……………………………….xxx…………………………………..xxx
Prescribed authority. –
(1) The State Pollution Control Board and Pollution Control Committee in respect of a Union territory shall be the authority for enforcement of the provisions of these rules relating to registration, manufacture of plastic products and multi-layered packaging, processing and disposal of plastic wastes;
(2) The concerned Secretary-in-charge of Urban Development of the State or a Union Territory shall be the authority for enforcement of the provisions of these rules relating to waste management by waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multi-layered packaging;
(3) The concerned Gram Panchayat shall be the authority for enforcement of the provisions of these rules relating to waste management by the waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multi-layered packaging in the rural area of the State or a Union Territory; and
(4) The authorities referred to in sub-rules (1) to (3) shall take the assistance of the District Magistrate or the Deputy Commissioner within the territorial limits of the jurisdiction of the concerned district in the enforcement of the provisions of these rules.
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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;
Every retailers or street vendors selling or providing commodities in, plastic carry bags or multi-layered 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.”
We find that applicant has not given specific details of sellers/manufacturers for acting against them as per the Rules. The general directions are sought for the Govt. Institutions which otherwise are also mandated with responsibility to enforce the law.
Accordingly, we direct the respondent/District Magistrate, Gautam Budha Nagar and CEO NOIDA Authority to enforce the guidelines/notification issued by the MoEF&CC quoted above. In case of violation, necessary legal action in addition to calculation and assessment of environmental compensation must be realized according to law.
With these observations, the application stands disposed of.
A copy of this order be forwarded to State PCB, District Magistrate, Gautam Budha Nagar and CEO NOIDA Authority by e-mail for compliance.