Plastic Waste Management Rules 2016

(Inclusive of Plastic Waste Management (Second Amendment) Rules, 2022.)

Plastic Waste Management Rules, 2016 aims to reduce environmental pollution, virgin plastic production and establish environment-friendly plastic waste disposal solutions. The Rules were further amended in 2018, 2021 and 2022.

Extended Producers Responsibility & EPR Registration for PIBOs (Producers, Importers and Brand-owners), PWPs (Plastic Waste Processors):

Extended Producers Responsibility (EPR) regime is under implementation in Plastic Waste Management Rules, 2016, according to which it is the responsibility of Producers, Importers and Brand-owners to ensure processing of their plastic packaging waste through recycling, re-use or end of life disposal (such asco-processing/ Waste-to-energy/ Plasticto-oil/ roadmaking/ industrial-composting).

In order to streamline implementation process of EPR, the Ministry of Environment, Forest and Climate Change, Government of India, in its fourth Amendment to the Plastic Waste Management Rules, dated February 16, 2022, notified ‘Guidelines on Extended Producer Responsibility for Plastic Packaging’ in the Schedule II of the Rules. As per these guidelines, Producers, Importers and Brand Owners (PIBOs) shall have to register through the online centralized portal developed by the Central Pollution Control Board (CPCB).

Accordingly, this portal has been developed to register PIBOs who are operating in more than two States with CPCB and those operating in one or two States/UTs shall be registered with the concerned State Pollution Control Boards (SPCBs). PWPs shall also have to register with the concerned SPCB/PCC in accordance with the provisions of the Section 13(3) of the Plastic Waste Management Rules, 2016 on this centralized portal developed by CPCB.

The EPR Portal for Plastic Packaging provides provision for registration of PIBOs/ PWPS in accordance with the notified EPR Guidelines. The portal will help in improving accountability, traceability and transparency of fulfilment of EPR Obligations. The portal is planned to have seven modules, which allows registration of PWPs and PIBOs, issue certificates by PWPs & exchange of credits, allows real-time monitoring of transactions between PIBOs and PWPs, allows levy of environmental compensation and provides system generated reports and facilitates filing of annual returns for the stakeholders.

Presently three modules of EPR portal “Registration of PIBOs”, “Registration of PWPs” and “Generation & Transfer of EPR Certificates” are operational. The remaining modules shall be integrated shortly.

Responsibility of waste generator:

The waste generator shall 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. [Rule 8(1)(a)]
The waste generator shall 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. [ Rule 8(1)(b)]

Responsibility of institutional generators [Rule 8(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.

Responsibility of people organising events in open space [Rule 8(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 [Rule 9]:

The Producers, Importers and Brand Owners shall fulfil Extended Producers Responsibility for Plastic Packaging as per guidelines specified in Schedule -II. Guidelines given in SOP issued by CPCB.

- PIBOs are required to fulfil EPR obligation by ensuring that plastic waste is processed through Plastic Waste Processors (PWPs) as per an action plan to meet assigned EPR targets
- PIBOs to obtain certificate from PWP according to quantity of plastic waste processed by PWPs and use such certificates to meet their EPR targets
- Rule 9(1) will not apply to EOUs/units in SEZs and to other units manufacturing plastic packaging or on plastic packaging used for packaging products for export against an order for export except pre-consumer plastic packaging waste generated by such units.

(https://eprplastic.cpcb.gov.in/plastic/downloads/SOP%20PIBOS_0001.pdf)

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 retailer 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.

Marking and labelling:

Each plastic packaging shall contain in English – name and registration certificate number for producer or importer or brand owner generated through centralized online portal specified in Schedule II for plastic packaging with effect from such dates as notified.

Annual Return by PWPs:

The PWPs shall file annual returns on the plastic packaging waste collected and processed towards fulfilling obligations under PWM Rule and the guidelines as per the online pro-forma prescribed by CPCB by the 30^th June of the next financial year.

Compliances by PIBO:

No PIBO to carry on business without having registration
PIBOs not to deal with any entity not registered through on-line centralized portal
Separate registration as Importer and Brand-owner for producer
PIBO to fulfil the EPR target as specified in the Registration Certificate for the year in which registration is granted.
For subsequent years, it will be calculated based on Annual Report filed.

Compliances by PWPs:

No PWPs to carry on business without having registration
The PWPs shall not deal with any entity not registered through centralized Plastic EPR portal
The total quantity of plastic waste processed by plastic waste processors and attributed to PIBOs on an annual basis, will be made available on the centralized portal and webpage developed by CPCB
Registered PWPs shall provide certificates for plastic waste processing, which shall be considered for fulfilment of EPR obligations by PIBOs
Separate certificates will be generated for category-wise plastic packaging and shall include GST data of the recycled or processed material sold by PWPs
The PWPs shall not engage in manufacture, stocking, distribution, selling and using of banned SUP items

Confirmation to Indian Standard IS – IS 14534:1998:

Recycling of plastic waste shall conform to the Indian Standard: IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time.

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