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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 ..... application and heard the matter but found that the States/UTs were neither complying with the rules nor had any legal objection to do so. They were merely failing in performing their duty. The Tribunal directed all the States/UTs to take steps in accordance with PWM Rules. 3. It is well known that unscientific management of plastic waste is a serious hazard for the environment and public health 4. Directions for enforcement of the PWM Rules have also been issued by the Hon'ble Supreme Court inter alia in Karuna Society for Animals and Nature v. UOI, (2015) 2 SCC 355 and (2016) 14 SCC 303. In the second matter, directions of the Hon'ble Supreme Court are as follows: "2. This petition is filed by the Karuna Society for Animals & Nature & Ors. seeking for issuance of the appropriate directions under Section 5 of the Environment (Protection) Act, 1986, prohibiting the use, sale and disposal of plastic bags in all municipalities and municipal corporations, in the country inter alia, with following prayers : 1.) the Respondent No. 1 to issue appropriate directions under Section 5 of the Environment (Protection) Act, 1986 prohibiting the use, sale and disposal of plastic bags in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdance with law by constituting committees consisting of competent persons who have got sufficient knowledge on the subject matter. The Central Government may also set up an appropriate monitoring mechanism in the matter. In our considered view the respective regional National Green Tribunal benches can monitor and regulate the cases by passing/giving orders or directions to all the concerned statutory authorities and local self governments in the country for discharge of their constitutional and statutory duties. 5. With the aforesaid directions & observations, the prayers extracted above are allowed to the above extent and the Writ Petitions are disposed of. 6. The petitioners are at liberty to give their suggestions to the concerned authorities and approach concerned statutory authorities/Tribunal in case of violation of statutory provisions in accordance with law." 5. The CPCB issued directions on 30.06.2016 to implement the thickness norms for carry bags, constitution of squads for vigilance, preventing littering of plastic waste in public, submission of annual reports and action plan for management, quantification and characterization in every city/town of all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the cost of recycling may be adopted. * The collected fiends shall be utilized for creation of infrastructure for the management of plastic waste in Smaller municipalities. * There is a need to build the capacities of the ULB in terms of infrastructure development and their expertise so that the waste management can happen systematically under the EPR mechanism. * Secondly, an important factor which is indirectly contributing to the cleanliness of the city are the rag pickers/assemblers/recyclers. They are anyway contributing to the mechanism of EPR without any benefit. This fraction of the stakeholders shall be supported for the better management of the waste under the mechanism of EPR under this model. * Thirdly the component of Information, Education and Communication (IEC) activity shall be supported through the component of EPR to achieve an effective waste segregation, collection, transportation and recycling. Model 2 - PRO based model and Plastic Credit Model Under this model, the objective is to establish a Producer Responsibility Organization (PRO) to lead on implementation and provide funding required under the Rules on behalf of producers to support plas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n institutional mechanism be established to ensure that: i. No unregistered plastic manufacturing/recycling units is in operation and no unit is running in nonconforming/ residential areas. ii. No plastic carry bags /films <50 microns thickness should be manufactured, stocked, sold and used in cities/towns. iii. Thermocol/polystyrene cups, plates, etc. used extensively and haphazardly littered are properly regulated. iv. Special Environment Squads may be set up for enforcement to oversee and ensure that no litter of plastic waste takes place at historical, religious, public places and dumping of plastic waste on drains, river, banks and sea and no burning of plastic takes place in open. v. The States/UTs may submit their compliance reports to CPCB quarterly in a cumulative format, failing which compensation of Rs. 1 lakh per quarter shall be levied by the CPCB. The CPCB may compile and file its consolidated report on quarterly basis before this Tribunal. First quarterly report be filed before the next date by email at [email protected]." 8. In view of above, the CPCB filed its report on 04.09.2020 which concluded as follows:- " i. 15 States/UTs namely A&N isl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure III as identified for the individual state to be framed and implemented in the States & UTs." 9. The matter was considered on 10.09.2020 with the reference to the directions in the order dated 16.12.2019 as follows: - "1 to 5.xxx..............................xxx.......................................xxx 6. We may review the status of compliance of directions in the order of this Tribunal dated 16.12.2019, already quoted above. With regard to direction (a), it is submitted that the MoEF&CC is yet to finalize its policy though the CPCB has already given its report on the subject to the MoEF&CC. None appears for the MoEF&CC. Even in O.A. No. 15/2014 listed today, involving overlapping issues, no one appeared for the MoEF&CC which shows that the MoEF&CC is ignoring even most serious environmental issues which is very unfortunate. Let Secretary, MoEF&CC look into the matter and take remedial action. However, we have come across the draft of "Guidelines Document" on 'Uniform Framework for Extended Producers Responsibility (Under Plastic Waste Management Rules, 2016)', seeking comments till 31.07.2020. It is not clear whether the policy has been so far finalised or n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntification of institutions (State UD, Police, DM office, RWA, Industrial Associations, Industrial Development Corporations, Market Associations etc.) which will be involved in enforcement of the action plan (iv) Training of workers in these institutions (v) Launching Awareness Program for the public (vi) Identification of locations ( parks, Religious places etc.) where littering is a common problem (vii) Creation of surveillance squad to prevent littering in such locations (viii)Taking punitive actions against defaulting units as per (i) above (ix) Specification of user fee for waste generator & Imposition of Spot fines for littering in the bye-laws of the local bodies for plastic waste management (x) Identification of model district level for implementation of above (xi) Timeframe for implementation of above." 12. The report mentions compliance status as follows: "2.3 Compliance status w.r.t PWM Rules * CPCB has filed the status report in compliance of the Order dated 04.12.2019 on September 04, 2020. 20 states and UTs had provided the information on this matter. Subsequently, information has been received from four more States/ UTs- Assam, Goa, Odisha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, Uttar Pradesh Information not provided by States: Goa, 866 3(b) No. of ULBs which have set-up of plastic waste management system as per Rule 6(2)? (including collection, segregation, channelization & processing of plastic waste) Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, 675 3(c) ULBs having facilities for collection of segregated waste Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, 672 3(d) ULBs having Material Recovery Facility Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, Total : 40 -To be set up in UP. Rs 227 crore released for setting up 01 MRF in each of 625 ULBs by December, 2020 4(a) Total no. of Gram Panchayat (GP) Information provided by 4 States/UTs. Delhi. Odisha, Uttar Pradesh, Goa Information not provided by 2 States: Assam, 65744 4(b) Gram 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons Plastic Waste used for Road construction in Kanpur, Meerut and Jhansi. - 4 6 TPA of Plastic waste used in Odisha. 7(c) Quantity of waste Coprocessed in Plastic Waste in Cement kilns Information provided by 3 States/UTs. Delhi, Uttar Pradesh, Odisha, Information not provided by 2 States: 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) Info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atus 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 any States: Delhi, Odisha, Uttar Pradesh, Assam, Goa No information 17 a Has institutional mechanism as per para 14d of Hon'ble NGT order been established (Y/N) Information provide by 3 States/UTs. Delhi, Odisha, Assam Information not provided by 2 States: Goa, Uttar Pradesh Established in all the 2 States/UTs which have provided information on the matter. In Delhi, there no institutional mechanism set up for the purpose b Confirmation that no unregistered plastic manufacturing/recycling unit is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as raw material to a producer, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee 4(f) Sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala; 4(h) Carry bags made from compostable plastics shall conform to the Indian Standard: IS 17088:2008 titled as Specifications for Compostable Plastics, as amended from time to time. The manufacturers or seller of compostable plastic carrybags shall obtain a certificate from the Central Pollution Control Board before marketing or selling; 4 (i) Plastic material, in any form including Vinyl Acetate - Maleic Acid - Vinyl Chloride Copolymer, shall not be used in any package for packaging gutkha, pan masala and tobacco in all forms 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 producers. Rule Provisions 6(2)(g) & 7(c ) Ensuring that open burning of plastic waste does not take place 8(1)(a) The waste generator shall take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to be levied for violation of the remaining sections of the PWM Rules shall be done on case to case basis 3.0 Approach for Assessment of Environment compensation Assessment of Environment compensation for violation of provision of PWM Rules is based on the following considerations: (a) Assessment of Cost of Plastic waste management: Assessment of cost incurred in plastic waste management has been made based on the inputs provided by various local bodies. The cost incurred on management of plastic waste management shall essentially be divided into the following components: i. Collection & Transportation of Plastic waste: Average cost incurred for collection and transportation of solid waste is Rs.2000/- per ton of waste ii. Setting up of Material Recovery Facility ( MRF) : Average cost of setting up of Material Recovery of 100 TPD plastic is Rs. 7 crore. Accordingly, corresponding cost for setting up of 1 TPD plant is Rs.7 lakh. Considering 15 years life of the plant - cost incurred for setting up of MRF Rs.150/- per ton of plastic waste iii. Setting up of RDF facility : Average cost of setting up of Refused Derived Fuel of 100 TPD capacity is Rs. 12.5 crore. Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service TABLE 2: Overview of penal action taken for violation of PWM Rules in States/UTs States Sl. No Details of Violation Action taken Punjab 1 Registration not obtained Show-cause notice 2 Action Plan under EPR not submitted Show-cause notice 3 Plastic carry bags Imposition of fines Puducherry 1 Plastic carry bags <50 microns. Closure 2 Recycling of plastic in nonconforming area. Closure direction 3 For violation of Bye-laws Penalty as per byelaws 4 Storage and Selling of banned plastic carry bags Penalty & Seizure Delhi 1 Plastic carry bags/Sheets Rs.50,000/ - per unit 2 Burning plastic waste Rs.50 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) Penalty as per Section 15(1) of EPA 1986 (EC to be levied @ Rs. 10000/- per ton for 2nd violation and @ Rs. 20000/- per ton for 3rd violation) 4(h) Carry bangs made from compostable plastics shall conform to the Indian Standard: IS 17088:2008 titled as specifications for compostable plastics as amended from time to time. The manufacturers or seller of compostable plastic carry bags shall obtain a certificate from the Central Pollution Control Board before marketing or selling; Manufacturer Not complying with conditions specified in Certificate issued by CPCB h conditions specified in Certificate issued by CPCB (i) Cancellation of CPCB Certificate (in case the violation is found w.r.t. raw material used/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 agenci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oducer 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." 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 considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments 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 value ( Rs. Per Annum Rule 6(1) & 7 Village Panchayat 1000 (avg.) - 5,000 50,000 Cities & towns 5000 99999 50,000 2 crore Cities & towns 100000 999999 5 lakh 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... themselves at the national registry. 5. The online portal shall be flexible enough to account for adoption of any or all models at the same time. 6. The settlement of EPR credit shall be done through online portal. 7. The share of EPR obligation by producer/importer/brand owner shall be clarified through this mechanism. 8. Penalties shall be imposed on the Producer/Importer/Brand Owner for the portion of waste not collected against the targeted collection. This fees shall be used for creating infrastructure for plastic waste management." 15. The document proposes three models for the procedures/importers/brand owners for selection of mechanism under which they want to implement the EPR as follows:- Model 1 - Fee based model Model 2 - PRO based model Model 3 - Plastic Credit Model Details of the above models have already been given in the order of the Tribunal dated 6.12.2019 quoted in para 7 above. 16. It is further stated that the Ministry received 160 comments which are being compiled and reviewed with a view to finalize the EPR framework. 17. We may also note the reports dated 07.10.2020 and 02.01.2021 of the Oversight Committee, constituted by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s unless the unit possesses a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) along with a certificate of registration issued by the District Industries Centre or any other Government agency authorised in this regard. 7. The Local Bodies may be directed to ensure proper 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. Further, the Local Bodies may also be directed to frame byelaws incorporating the provision of Plastic Waste Management Rules, 2016. 8. Every Gram Panchayat may be directed to set up, operationalize and co-ordinate for waste management in rural area under their control either on its own or by engaging an agency. Further the Gram Panchayat may also be directed to perform functions such as ensuring segregation, collection, storage, transportation, plastic waste and channelization of recyclable plastic waste fraction to recyclers having valid registration, creating awareness among all stakeholders abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reate student projects for waste recycling." 18. We have given due consideration to the issue. Regretfully, steps taken by the MoEF for finalizing EPR regime are too slow. We note that the PWM Rules were framed in the year 2016 in place of 2011 Rules. There is no justification for long delay in finalisation of EPR models even after more than four years of the publication of the Rules. The same may now be finalised at the earliest, preferably within three months from today. 19. The State level authorities also need to take necessary effective steps for enforcement, including coercive measures. EC and penal action regime proposed by the CPCB may be duly implemented by the CPCB, State PCBs/PCCs, State Level Monitoring Committees and all other concerned authorities. District Environment Committees constituted in pursuance of order of this Tribunal dated 15.07.2019 in OA 710/2017, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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