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TMI Blog2021 (1) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Committees constituted in pursuance of order of this Tribunal in Shailesh Singh vs. Sheela Hospital Trauma Centre, Shahjahanpur Ors. may also monitor compliance of PWM Rules and give their respective reports to the State Level Committees. The CPCB may continue to coordinate with the State Level Monitoring Committees, the State PCBs/PCCs or any other authorities with reference to the steps taken by the State Level Monitoring Committees in coordinating with the concerned Local Bodies, Gram Panchayats, Waste Generators, Producers, Importers, Brand Owners, Recyclers, Manufactures, Retailers and Street Vendors in accordance with the rules. Whenever, necessary CPCB may issue further directions from time to time in the light of experiences gained considering different suggestions and viewpoints, including the suggestions of the Oversight Committee for State of UP. The application is disposed of. - HON BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON, HON BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER, HON BLE DR. NAGIN NANDA, EXPERT MEMBER For the Applicant: Mr. Rajkumar, Advocate for CPCB ORDER 1. The issue for consideration is the implementation of Pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to move around in the vicinity of such facilities; 4.) the Respondent No. 1 issue appropriate directions to State Government/Municipal Corporation and municipalities to require segregation of all plastic waste across the municipal solid waste collection and disposal chain/systems; and 5.) the Respondent State Governments to issue appropriate directions prohibiting the use, sale and disposal of plastic bags in all municipalities and municipal corporations within their territory. 6.) the Respondent No. 1 and the 19th Respondent to provide animal shelters, rescue homes and veterinary services for stray cattle to provide amelioration for suffering animals . 3. In support of the above reliefs the averments made in the petition and number of documents were produced which relate to protection of animals and also for the protection of environment. The use of plastic by the residents in the above areas, which is often consumed by the animals adversely affects their digestive tract resulting in their death and postmortem of such dead animals will be conducted ultimately polluting the whole of the areas where the public residents are residing thereby the public reside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacturers, producers and recyclers. Responsibility is also assigned to the retailers and street vendors. Reports are to be filed by recyclers/processors with the local bodies, by local bodies with the Urban Development Departments and PCBs/PCCs, by PCBs/PCCs to CPCB and by CPCB to the Central Government. According to CPCB compliance of the Rules is not taking place. 6. The matter has been considered on several occasions. Specific directions were issued to all the States/UTs to ensure the compliance of the PWM Rules and to furnish information to the CPCB under the relevant heads. Thereafter, as per report of the CPCB filed on 30.05.2019, it was found that there was huge gap in preparation and execution of action plans for implementation of the PWM Rules. The Tribunal also noted that implementation of Extended Procedures Responsibility (EPR) remained a challenge for which MoEF CC had to finalize a policy framework. 7. On 06.12.2019, the Additional Secretary, MoEF CC appeared in person and submitted that three models were being debated in this regard. The Tribunal, vide order dated 6.12.2019, after referring to earlier proceedings and stand of the concerned parties, issued f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other jurisdictions. Model 3 -Plastic Credit Model PRO/Producers/Importers can also obtain certificates from accredited processors [recyclers, W2Eplant operators, cement co-processors, users utilizing plastic in road] in exchange of an evidence of recycling or recovery, which will act as ERP compliance. Producers will be at liberty to decide options for establishing channels of collecting plastic credits with or without forming or linking with PROs.. Producers with established supply chains can establish other channels for collection/ segregating/ processing plastic waste for eg.: - Deposit refund schemes - Buy-back schemes - Forming social ventures involving informal sector directly. 12. Let the matter be finalized and National Framework established as far as possible within three months. Further report may be furnished before the next date by e-mail at [email protected]. 13. CPCB has also filed a report in terms of direction in paragraph 15 in the order dated 17.09.2019 in O.A. No. 376/2018, Supra, on the subject of Environmental Compensation regime for improper Plastic Waste Management. The report is infact application see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of segregated waste. only 59.5 % ULBS and 5.93% have provision for Material Recovery Facility. States/UTs are required to setup PWM system as per rule 7 of PWM rules 2016 in each and every ULB and GP. Emphasis has to be laid on provision of facilities for secondary segregation of waste and more emphasis in Village Panchayats iii. Only 11% of the Registered brand owners have engaged with 6% ULBs for PWM. Increased engagement of brand owners with ULBs is recommended for efficient PWM iv. Timelines to be provided by States and UTs for management of plastic waste as per provisions of PWM Rules v. Capacity of recycling (5347 TPD- 80%) is only 63% is utilized which can be attributed to unequal distribution of recyclers and inefficient channelization of plastic waste. Efficient channelization of plastic waste and increased networking of recyclers required for recycling of plastic waste vi. Comparatively less quantity of plastic waste used in road making, waste to oil, co-processing and RDF preparation. Impetus required for increased use of plastic waste in these areas. vii. Registration granted for compostable plastics in only eight States UTs as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... area. With regard to directions (ii) to (iv) of (d), adequate steps are not being taken. We are of the view that having regard to significance of the issue, the Chairman and Member Secretary, CPCB need to hold periodic meetings by Video Conferencing with the Chairmen and Member Secretaries of all the State Boards/Committees on the subject to work out enforcement strategies, including action plans in all the Districts, involving Educational, Religious and other Institutions in the interest of public health and protection of environment. Atleast one District in every State should be made a model for compliance of PWM Rules in the first instance and thereafter, the entire State should be made so compliant. State PCBs/PCCs, in coordination with State Level Monitoring Committees, need to involve the District Magistrates and other concerned local authorities for effective enforcement of the statutory regime. 8. Let the MoEF CC and the CPCB may give their action taken reports before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. 10. Accordingly, reports have been filed by the CPCB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts: 615 unregistered plastic units have been reported in these 25 states/UTs. However, it is observed that the no. of such units may be much higher in the country . (b) Ban on Carry bags plastic sheet of thickness 50 micron: All States/UTs have confirmed that they have banned the production of such items. How, such products are commonly found in circulation (c) Littering of plastics in public place Setting up of Special Environmental Squad: 19 states/UTs have confirmed that confirmed that Thermocol/polystyrene cups, plates, etc.are not used extensively and haphazardly littered. 22 states/UTs have confirmed that Special Environmental Squad has been set up for enforcement to oversee and ensure that no litter of plastic waste takes place at public places and dumping of plastic waste on drains, river, banks and sea and no burning of plastic takes place in open. However, littering and plastic waste continues to be a common sight in the country In view of above, State Board have been directed to set up an institutional mechanism and take necessary steps for identification of such units and take necessary action Table-1 Overview of compliance report submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ram Panchayat which have setup of plastic waste management system as per Rule 7 Information provided by 2 States/UTs. Delhi, Odisha, Information not provided by 4 States: Assam, Uttar Pradesh, Goa PWM has been initiated in 90 model GPs of Odisha No Gram Panchayats in Delhi 4(c) GPs having facilities for Collection of segregated waste Information provided by 2 States/UTs. Delhi, Odisha, Information not provided by 4 States: Assam, Uttar Pradesh, Goa Segregation of waste has been initiated in 90 model GPs of Odisha 4(d) GPs having Material Recovery Facility Information provided by 2 States/UTs. Delhi, Odisha, Information not provided by 4 States: Assam. Uttar Pradesh, Goa In Odisha 90 Model GPs have storage units for recovery of recyclable waste. 35 Model GPs have been tagged with MRFs of nearby ULBs 5(a) No. of registered Producers/brand owners/ importers as per Rules 9 13 of PWM Rules? Information provided by 3 States/UTs. Delhi. Odisha, Uttar Pradesh Information n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s: Goa Assam, 150 TPD of plastic waste is being used in Odisha. 7(d) Quantity of waste utilized in production of RDF Information provided by 1 States/UTs. Uttar Pradesh Delhi, Information not provided by 4 States: Goy , Assam Odisha, 30 TPD of plastic waste utilized in production of RDF in U.P. No waste is being utilised in Delhi for production of RDF. 7(e) Quantity of plastic waste used in production of Waste to oil Information provided by 1 States/UTs. Uttar Pradesh Information not provided by 4 States: Goa , Assam, Delhi, Odisha Plastic waste to oil plant 1800 TPA in Mathura set up. Plastic waste to Oil plant 2 ton/day in Jhansi. In Uttar Pradesh M/s Uflex Ltd. Noida is utilizing in house nonrecyclable plastic waste for the production of fuel, carbon black and gas. The capacity of the plant is 6 TPD. 7(f) Quantity of plastic waste used in other purpose (please specify) Information provided by 1 States/UTs. Delhi Information not provided by 4 States: Goa, Assam, Uttar Pradesh, O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Action have been taken at different levels in different States /UT as specified in the individual State/UT report 14 Status of marking labelling on plastic carry bags multi layered packaging. (Rule 1) Information provided by 2 States/UTs: Delhi, Odisha, Information not provided by 3 States: Uttar Pradesh, Goa, Assam Compliance status indicated in the individual State/UT report. 15 Whether State Level Advisory Committee is constituted or not? [Rule 16] If yes, details of number of meetings conducted in a year and implementation of suggestions of committee in the last 2 years Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam , Goa , Constituted in 3 States which have provided information on the matter 16 Status of phasing out of manufacture and use of multi-layered plastic which is non-recyclable or non-energy recoverable or with no alternate use of plastic in two years' time [Rule9-3] Information not provided by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Confirmed by 3 States/UTs which have provided information on the matter. 13. Report of the CPCB dated 05.01.2021 gives the EC regime and penal action as follows:- 2.0 Provisions of Plastic Waste Management Rules: Environmental Compensation is to be levied for the non-compliance of the following provisions of the PWM Rules, in which frequent noncompliance is observed is given in Table 1 .0 Table 1: Provision of PWM Rules for which EC is to be levied Rule Provisions Carry bag made of virgin or recycled plastic, shall not be less than fifty microns in thickness; 'Plastic sheet or like, which is not an integral part of multi-layered packaging and cover made of plastic sheet used for packaging, wrapping the commodity shall not be less than fifty microns in thickness except where the thickness of such plastic sheets impair the functionality of the product 4(e) The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or recycle plastic bags or multi-layered packaging unless the person has obtained a registration from the State Pollution Control Board or the Pollution Control Committee of the Union Territory concerned, as the case may be, prior to the commencement of production; (2)Every producer or brand-owner shall, for the purpose of registration or for renewal of registration, make an application in Form-I to i. The concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating one or two States or Union Territories ; or ii. The Central Pollution Control Board, if operating in more than two States or Union Territories . 13(3) Every person recycling or processing waste or proposing to recycle or process plastic waste shall make an application to the State Pollution Control Board or the Pollution Control Committee, for grant of registration or renewal of registration for the recycling unit, in Form II 13(4) Every manufacturer engaged in manufacturer of plastic to be used as raw material by the producer shall make an application to the State Pollution Control Board or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st to be incurred on PWM shall be distributed equally (i.e. Rs.2000/- per ton of plastic waste on Local bodies Rs.2000/- per ton of plastic waste on Producers) for the purpose of assessment of Environmental Compensation To act as deterrent, EC of 2.5 times the above amount i.e Rs.5000/- per ton of plastic waste shall be levied on the Local Bodies and the Producers/Brandowners. (b) EC Imposed by states All SPCBs/PCCs, vide email dated October 04, 2020, were requested to provide information related to action taken including penalties imposed, environmental compensation levied and other coercive action taken against violators (industries, waste generators, municipal corporations, etc. ) of PWM Rules 2016. Four states/UT had responded to CPCB's action and the overview of penal action taken for violation of PWM Rules is given in Table 2 (c) Section 15 (1) , EPA 1986: Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ags SUPs Penalty Seizure 2 Import of single use plastic and plastic carry bags do 4.0 Action to be Taken for Non- Compliance of PWM Rules (a) EC Assessment Penal Action Details of Environmental Compensation to be levied and the penal action to be taken for non-compliance of PWM Rules, along with the nature of violation and the violator (concerned person/organization), is given in TABLE 3 TABLE 3: DETAILS OF EC TO BE LEVIED PENAL ACTION TO BE TAKEN FOR NON-COMPLIANCE OF PROVISION OF PWM RULES Rule Provisions Violator Violation Environmental compensation 4 (c) Carry bag made of virgin or recycled plastic, shall not be less than fifty microns in thickness; Producer Manufacturing bags not meeting specifications (i) Seizure of manufactured products Closure of Unit (ii) (ii) EC to be levied @ Rs.5000/- per ton of plastic bags manufactured from the date of inception of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product manufactured, EC to be levied as per violation of Rule 13(2). Penalty for non-compliance of remaining condition shall be taken in accordance with relevant section of the PWM Rules) (ii) Penalty as per Section 15(1) of the EPA, 1986 6(1) 7 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 products. Municipal Commissioner, Village Panchayat Adequate facilities for Plastic Waste Management (PWM) not provided r Plastic Waste Management (PWM) not provided (i) EC to be levied @ Rs.5000/- per ton of plastic. EC to be levied for shortfall in the PW qty. for which PWM facilities have not been provided w.e.f. March 18, 2016-date of notification of these Rules. (EC to be levied @ Rs. 10000/- per ton for 2nd violation and @ Rs. 20000/- per ton for 3rd violation) (ii) Penalty as per Section 15(1) of the EPA, 1986 6(2) (g) 7(c) Ensuring that open burning of plastic waste does not take pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rritories. Producer Brand Owner Registration not obtained (i) Closure of operations of the brand owner (ii) EC to be levied @ Rs. 5000/- per ton of plastic waste introduced by the producer or the brand owner from the date of inception of the unit or date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ 10000/- per ton for 2nd violation and @ Rs. 20000/- per ton for 3rd violation) (iii) Penalty as per Section 15(1) of EPA 1986 Non-compliance of conditions stipulated in the Registration not meeting set PWM target as per the Registration certificate (i) Cancellation of Registration (ii) EC to be levied @ Rs. 5000/- per ton of PW introduced by the producer or the brand owner for which EPR liability has not been fulfilled for the period under consideration (EC to be levied @ Rs. 10000/- per ton for 2nd violation and @ Rs. 20000/- per ton for 3rd violation) 13(3) Every person recycling or processing waste or proposing to recycle or process plastic waste shall make an application to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ird incident seizure of trade documents thereafter). (ii) Street vendor : Seizure of plastic bags/sheets; Fine Rs. 200/- (I violation); Rs. 500/- (II violation); Rs. 10,00/- (Third incident seizure of trade documents for violation thereafter). Above is minimum EC to be levied for the said violation by the local body. Local already imposing fine to continue doing so; if the fines are more than the minimum specified fines as per details given above- (iii) Penalty as per Section 15(1) of EPA 1986 (b) Minimum Maximum Amount of EC to be levied The minimum and maximum value of EC to be levied for violation of specific provisions of Rules (Refer Table 3 above) is given in Table 4. The above values have been assessed based on the estimated range of plastic waste and the minimum ( 10-25% for the different category of violators) maximum estimated percentage violation ( 100% for all categories). TABLE 4: Minimum Maximum EC for violation of PWM Rules Rule Violator Min Population. Max. population Min EC value ( Rs. Per Annum) Max. EC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. After 03 months a) Closure of unit/facility b) Seizure of trade documents c) Action as per Section 15 (1) of EPA Action, as applicable, to be taken by Local bodies for Clause 8(1)(a), 8(1)(b) and 14(1) and for the remaining clauses action has to be taken by the concerned SPCB/ PCC/ CPCB 14. The report of the MoEF CC deals with the EPR. It mentions that Committee was constituted on 05.10.2017 to evaluate mechanism for implementation of EPR and it has held several meetings. A draft guideline document was prepared and uploaded on the website on 23.06.2020 seeking comments and inputs with following salient features. 1. The producer/importer/brand owner may adopt any one of the model depending on the quantum of plastic being produced. 2. The EPR shall be Brand neutral and Geography neutral. 3. Data secrecy shall be maintained through the portal. 4. While adopting any one of the model or both the models at the same time, the producers/importers and brand owners need to register themselves at the national registry. 5. The online portal shall be flexible enough to account for adoption of any or all models a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... setting-up of collection, source segregation and disposal system for plastic waste, and unregistered plastic manufacturing/ recycling units which are in operation. 4. Although CPCB has authorized four industries in the State of UP to manufacture the compostable carry bags and the industries are labelling the compostable carry bags as per Rule 11 (2). The State PCB may be directed to have regular checks on the enforcement status of the Rule. 5. An important aspect in promotion of compostable carry bags is their degree of degradability and disintegration. The SPCB may be directed to follow the protocols as per the Indian Standards listed in Schedule-I to determine such properties of plastic materials used in production of compostable carry bags. 6. The SPCB may be directed to ensure that no unit shall manufacture carry bags or recycle plastic bags or multilayered packaging unless the person has obtained a registration prior to the commencement of production. Further, the SPCB may also be directed to ensure not to issue or renew registration to plastic waste recycling or processing units unless the unit possesses a valid consent under the Water (Prevention and Contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /industries may be directed to undertake such approaches in future. 14. The schemes such as Deposit refund scheme or Buyback depository mechanism may be promoted in which customers will get back a deposit paid to a retailer on handling PET bottles or milk pouches back to the store. 15. The technique of conversion of plastic waste into variety of fuels such as petrol, kerosene and diesel based on Boston model may be explored and promoted in India. 16. The technique of Plasma Pyrolysis may be undertaken to dispose all sorts of plastic waste. The industries may be directed to install such pyrolyzers for plastic waste management. 17. Researches may be promoted to develop an eco-friendly plastic waste management approach i.e. Bioremediation using either plastic degrading bacteria or enzyme extracted from bacteria based on the model adopted by researchers in Germany. 18. Manufacture of non-recyclable single-use polyethylene bags should be banned or research should be initiated to develop biodegradable bags. 19. Educational institutions must be encouraged to take up waste management in their curriculum and create student projects for waste recycli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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