As per the norm of PWM rules, PIBOs (Producers, Importers, and Brand owners) are obligated to adopt Extended Producers Responsibility to manage plastic waste effectively. They have been mandated to set up a system to manage plastic waste coming from their products by coordinating with local bodies.
Obligations for Local Bodies and PIBOs
PWM Rules seek PIBOs to identify modalities for waste collection system under Extended Producers Responsibility (EPR). EPR implies the accountability of the producers for the environment-friendly management of product until the end of its service life.
Local bodies are accountable for establishing of PWM system in coordination with PIBOs. Moreover, PIBOs functioning in more than two states is mandated to secure a permit from CPCB via Form I discussed below. Similarly, PIBOs operating in one or two states are required to secure registration from the State Pollution Control Board/PCC. It is compulsory for PIBOs to furnish EPR Action Plan for PWM to secure such a registration.
Types of Forms available under PWM Rules
Form- I: Application for registration for Brand owners or producers
Form-II: Application for Registration of Facilities involved with the processing or recycling of plastic waste
Form-III: Application for the manufacturers of Plastic Raw Materials
Significance of EPR Action Plan for PWM registration
EPR Action Plan must be furnished by PIBOs operating in more than two states to secure registration from CPCB. PIBOs shall comply with EPR in all the States/UTs in which they are rolling out their products.
EPR target for a specific State/UT shall be equivalent to the type and amount of plastic produced by them in the marketplace (post customer waste) in the particular State /UT.
The PIBOs have three options as available under Annexure I for EPR plan implementation in the States/UTs in which they are rolling out their products:
- PWM via Own Distribution Channel
- PWM via Direct engagement with ULB, i.e., Urban Local Body
- PWM via coordination with WMA, i.e., Waste Management Agency. Post such an engagement, the said agency should be engaged with respective ULBs. PIBOs have the liberty to choose any or all of the options above.
It must be ensured that the total type and amount of plastic-related wastes managed via the above options in a specific State/UT fulfil the EPR target of the respective PIBO for the concerned State/UT.
WMAs, if involved, shall be registered with the respective ULB/any authority operating under the State’s consent. Particulars of such WMAs shall be shared with the concerned SPCB/PCC by the designated state authority/ULB.
Documentations to be Furnished for Securing Registration from CPCB
- Proof of sale executed in more than two states (Tax invoice/GST etc.)
- DIC certificate for unit possessing production facility
- Valid permission is granted under Air & Water Act in case the unit has a production facility
- Documents relating to Action Plan for meeting EPR liability ( State/UT wise)
- The document granted by ULB/concerned state authority related to the involvement of PIBO/WMA (as applicable)
- Registration granted by State pollution board/PCC to Plastic Waste Processing Unit
- Agreement of PIBO/WMA with Plastic waste processor (as applicable)
- Agreement of PIBO with WMA (as applicable)
Conditions for application processing
- The application shall undergo scrutiny conducted by CPCB. In case said authority came across some errors during such an inspection, they shall intimate the application within seven days of receipt of the application. If the applicant fails to respond within thirty days, the cancelation of the application will come to effect.
- The certificate shall be considered to be generated if the authority does not send any response with one of the receipts of the application.
- Within CPCB, the reason for delay will be examined & officials accountable for the delay shall be obligated to render a reason for the same.
Conditions relating to the Grant of Registration
- A new registration shall remain valid for one year as per PWM rules
- Subsequent registrations shall come with a validity of three years
- A registration certificate shall be granted via the online portal within seven days of submitting the complete application.
- Member Secretary, CPCB shall serve as the primary authority for granting the certificate. The respective Divisional Head shall act as a designated signatory who encloses his/her signature on the certificate.
- Registration copy and EPR Action Plan shall be shared with the respective SPCB/PCCs & the Nodal agency operating under State Government/ UT Administrator.
- Details relating to the EPR Action Plan of all PIBOs functional in a State/UT shall be displayed on the concerned authority’s website as per format of Annexure-VII.
Necessary Details and enclosures for Form I
For Producer: Part A: General
- Unit’s name and location
- Products to be manufactured such as Carry bag (Petro-based and Compostable) and Multilayered Plastic
- Production capacity of the Plant
- Previous registration number, if available
- Detail of registration certificate granted by District Industries Centre, if available
- Overall cost of the plant
- Year of commencement of production
- List of products and raw material used
- Manufacturing process flowchart indicating input and output relating to products and waste generation
- Thickness compliances
Part B: About the Gaseous Emissions and Liquid Effluent
- Copy of valid consent granted under the Water (Prevention and control of Pollution) Act, 1974
- Copy of valid consent granted under Air (Prevention and Control of Pollution) Act, 1981
Part C: About the Waste
- Overall amount of waste generated
- Mode of storage within the production facility
- Provisions set out for wastes’ disposal
- Detail of person facilitating raw material to plant
- Detail of brand owners or list of personals to which products shall be supplied
- Action plan for accumulating post-consumers waste
Let’s move to second part of the form to be filled by Brand owners
PART: A: for Brand Owners: General
- Name, address, and contact detail of the brand owner
- Registration number of the previously-held certificate, if available
- Detail of registration certificate granted by District Industries Centre, if available
- Detail of registration certificate granted by District Industries Centre, if available
- Overall cost of the plant
- Year of commencement of production
- Amount of product, by-product, and raw material
PART B: About the Gaseous Emissions and Liquid Effluent
- Copy of valid consent granted under the Water (Prevention and control of Pollution) Act, 1974
- Copy of valid consent granted under Air (Prevention and Control of Pollution) Act, 1981
PART C: About Waste
- Overall amount of waste generated
- Mode of storage within the production facility
- Provisions set out for wastes’ disposal
- Detail of person facilitating raw material to plant
- Action plan for accumulating post-consumers waste
Form-II: Application for Registration of Facilities involved with the processing or recycling of plastic waste
- Name and address of the facility
- Contact detail of the key personal
- Commencement date of facility
- Number of workers
- Validity status of permits granted under Water (Prevention & Control of Pollution) Act, 1974[1] and Air (Prevention & Control of Pollution) Act, 1981, respectively
- Flow diagram depicting manufacturing process for each product
- Products detail and Production capacity in MTA
- Amount of wastes generated during processing (category-wise)
- Waste collection and Transportation
- Detail of Waste disposal in term of category, type, and quantity
- Authorization status of the disposal facility
- Analysis report of wastes being generated (including leachate test)
- Information related plastic waste procurement via sale, auction, import, for use as raw material.
- Occupational safety & health aspects
- Declaration regarding the availability of apt pollution control measures to fulfil the emissions standards
- Declaration for ensuring conformity with PWM rules
- Declaration regarding the availability of conditions of material being handled or processed posing negative impact on environment
- Declaration regarding the availability of conditions of material being handled or processed capable of yielding other wastes including leachate
Form-III: Application for the manufacturers of Plastic Raw Materials
- Unit’s name and location
- Production capacity of the Plan
- Previous registration number, if available
- Detail of registration certificate granted by District Industries Centre, if available
- Overall cost of the plant
- Year of commencement of production
Conditions about the Cancellation of Registration
- The documentation furnished by the PIBOs shall undergo verification as well as a third-party audit arranged by CPCB.
- At any phase, if the documentation submitted is found to be misleading or false, then the registration granted shall be liable to be canceled.
- If any PIBO is found guilty of contravening the registration’s norms, a notice shall be released by CPCB.
- An opportunity will be provided to hear the PIBO within 15 days from the issuance date of notice prior to taking the case for cancellation under consideration.
- The decision about suspension or cancellation of the authorization will be shared within ten working days post-hearing. Chairman CPCB shall be the only authority to decide on the cancellation or suspension.
Conclusion
Plastic Waste Management Rules 2016 facilitate a statuary framework for the management of plastic waste coming from potential sources in the country. The PWM rules seek to focus on plastic waste minimization, recycling, & source segregation. To achieve this, PWM rules seek involvement of waste pickers, recyclers and waste processors.
Read our Article:How to get Plastic Waste Management Registration?
