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Plastic Waste Management (Amendment) Rules, 2024

Plastic Waste Management Rules, 2016 aims to reduce environmental pollution, virgin plastic production and establish environment-friendly plastic waste disposal solutions. The Rules were earlier amended in 2018, 2021and 2022. The said Rules have been further amended vide notification no. G.S.R. 201(E) dated 14th March, 2024 as Plastic Waste Management (Amendment) Rules, 2024. Some of the important highlights of the amendment are reproduced herein below:

1.Amendments/additions in definitions in Rule 3:

 

  • The term importer has been refined and made more specific, now it means and includes a person who imports for commercial use, any plastic packaging or any commodity with plastic packaging or carry bags or plastic sheets or like material, or plastic raw material including in the form of resin or pellets, or intermediate material to be used for manufacturing plastic packaging such as films or performs. Earlier, Importer means a person who imports plastic packaging or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like.
  • The word manufacturer which earlier 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 has been redefined to include a person engaged in production of plastic raw material which includes compostable plastics and biodegradable plastics.
  • Following the bare act producer means persons engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity. With the recent amendment, producer further includes a person engaged in manufacture of intermediate material to be used for manufacturing plastic packaging and also the person engaged in contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner.
  • The amendment incorporates definition of a seller which states, a seller means a person who sells plastic raw material such as resins or pellets or intermediate material used for producing plastic packaging.

2. The amendment further revises Rule 4(1) (e) of the principal rules viz. the condition relating to selling of raw material, which previously stated that the manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee.

          Now, the manufacturer is prohibited from selling, providing, or facilitating the use of plastic as raw material to any producer or seller not registered under these rules.

3. Marking and labeling of carry bags and commodities made from compostable or biodegradable plastics The production of carry bags and commodities may be conducted using compostable or biodegradable plastics, provided they adhere to the mandatory marking and labeling requirements specified under these regulations, as well as the guidelines established by the Food Safety and Standards Authority of India for applications involving food contact. Further the manufacturers of compostable plastic or biodegradable plastic carry bags or commodities must obtain a certificate from the Central Pollution Control Board prior to marketing or selling their products. (Rule 4(1) (ha) – new insertion.

4. The manufacturer of commodities crafted from compostable or biodegradable plastics is mandated to report both the quantity of such commodities introduced into the market and the pre-consumer waste generated to the Central Pollution Control Board in accordance with regulatory guidelines.( New Rule 4(3A))

5, Every manufacturer of commodities made from plastic or part thereof shall ensure processing of the pre consumer plastic waste generated in the form of reject or discard material at the stage of manufacturing and such manufacturer shall report to the State Pollution Control Board or Pollution Control Committee concerned. ( New Rule 4(5))

6. The local governing body shall conduct an assessment of plastic waste generated, inclusive of plastic waste present in dump sites, by the 30th of June each year. Additionally, it is tasked with estimating the quantity of plastic waste projected to be generated in the following five-year period. ( New Rule 6(5))

7. The local governing body is mandated to assess the available plastic waste management infrastructure for collection, segregation, and processing. A comprehensive report detailing this assessment is to be submitted to the relevant State Pollution Control Board or Pollution Control Committee no later than the 30th of June each year. ( New Rule 6(6))

8. The annual report compiled by the local body shall encompass the following particulars concerning plastic waste management:-

(i) Plastic waste generated, including plastic waste existing in dump sites, in a year;

(ii) Plastic waste management infrastructure available for collection, segregation, processing;

(iii) Projection of plastic waste to be generated;

(iv) Status on framing and implementation on byelaws;

(v) Actions taken action to prevent stocking, distribution, sale and usage of prohibited Single Use Plastic items.

9. Rule 7-A relating to Responsibility of Panchayat at District level has been inserted which lays down the following Responsibility of Panchayat at District level:-

  1. Conduct an assessment of plastic waste generated, including plastic waste existing at dump sites, by the 30th of June each year for rural areas of the district. Additionally, estimate the quantity of plastic waste expected to be generated in the following five-year period.
  2. Evaluate the plastic waste management infrastructure available for collection, segregation, and processing at the district level. Report findings to the State Pollution Control Board or Pollution Control Committee concerned by the 30th of June each year.
  3. The Panchayat at District Level shall include in the annual report the details on plastic waste management which are included in the annual report of the local body.

10. The Bureau of Indian Standards (BIS) shall define distinct colors or markings for plastic packaging and commodities crafted from compostable or biodegradable plastics.

11. Some provisions have been introduced in Rule 11 concerning “Marking or labeling.”

  • Each plastic packaging or commodity made from compostable plastics shall bear a label ―compostable only under industrial composting and shall adhere to relevant Indian standards.
  • Each plastic packaging or commodity made from biodegradable plastic shall bear the label ―Biodegradable in [ — specify number of days —] only in the [—specify recipient environment such as soil, landfill, water etc.—].

12. The following forms have been substituted:

  • Form I: Application for Registration for Producers or Brand Owners
  • Form V: Annual Report on Plastic Waste Management to be submitted by the Urban Local Body
  • Form VI: Annual Report on Plastic Waste Management to be submitted by the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC)

Note: Form VII viz. (Format for Quarterly report of Plastic Raw Material has been inserted.)

13. Rule 17 relating to Annual Report has been substituted via Amendment 2024 such that:

(i) Annual Report by person engaged in recycling or processing of plastic waste shall be submitted online in Form IV to the concerned local body and also to SPCB/ PCC concerned by 30th April every year.

(ii) Every manufacturer and importer of plastic raw material shall prepare and submit online a quarterly report in Form VII to the SPCB /PCC concerned by the last day of month following the quarter and an annual report by 30th June of every year.

(iii) Every person engaged in the sale of plastic raw material or an intermediate material used for manufacture of plastic packaging shall prepare and submit online an annual report mentioning therein the detail of transactions to the SPCB / PCC concerned by the 30th June of every year.

(iv) Every urban local body and Panchayat at District Level shall prepare and submit online an annual report in Form –V to the Urban Development Department and to Rural Development Department, respectively, and also to the SPCB / PCC concerned by the 30th June every year.

(v) The SPCB /PCC concerned shall cause the report submitted by the urban local body and Panchayat at District level to be audited by itself or through a designated agency and copy of the report of such audit and the annual report shall be made available on website of concerned SPCB /PCC.

 (vi) SPCB /PCC shall prepare and submit online an annual report in Form VI to CPCB on the implementation of these rules by the 31st July of every year.

(vii) The CPCB shall prepare a consolidated annual report on the implementation of these rules and submit to the Central Government along with its recommendations on or before the 31st August of every year.

Full Form of Abbreviations used:

 

  • CPCB: Central Pollution Control Board
  • SPCB: State Pollution Control Board
  • PCC: Pollution Control Committee

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