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This article explain the provision of Plastic Waste Management Rules 2016, requirement of registration thereunder and responsibilities of manufacturer, producer, street vendor etc.
Act |
Environment (Protection) Act, 1986 |
Rule |
Plastic Waste Management Rules 2016 |
Applicability of rules(Rule-2(1)) |
Shall apply to every– Plastic waste generator,– Local body,– Gram Panchayat,– Manufacturer,– Importers and– Producer. |
Registration of producer, recyclers and manufacturer (RULE-13) |
1. No person shall manufacturei. carry bags orii. recycle plastic bags oriii. multilayered packagingwithout a registration from the State Pollution Control Board or the Pollution Control Committee of the Union Territory concerned prior to the commencement of production; |
Registration of producer(Form-I) |
Every producer shall, for the purpose of registration or for renewal of registration, make an application to the State Pollution Control Board (in state) or the Pollution Control Committee (in Union territory) concerned, in Form I. |
Registration of recyclers(Form-II) |
Every person recycling or processing waste or proposing to recycle or process plastic waste (recyclers) 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 |
Manufacturer of plastic to be used as raw material by the producer(Form III) |
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 Pollution Control Committee of the Union territory concerned, for the grant of registration or for the renewal of registration, in Form III. |
Prerequisite for registration or renewal of RECYCLERS under Plastic Waste Management Rules 2016 |
State Pollution Control Board or the Pollution Control Committee shall not issue or renew registration to plastic waste recycling or processing units unless the unit possesses a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 along with a certificate of registration issued by the District Industries Centre (DIC). |
Time Limit for grant of registration |
State Pollution Control Board or Pollution Control Committee shall take a decision on the grant of registration within ninety days of receipt of an application. |
Validity of registration |
Registration initially be valid for a period of one year, and shall subsequently be granted for three years. |
Renewal of registration |
Application for renewal of registration shall be made at least one hundred twenty days before the expiry of the validity of the registration certificate. |
Conditions of registrationRule-4 |
Manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets and multilayered packaging, shall be subject to the following conditionsi. carry bags and plastic packaging shall be either be in natural shade (without any added pigments) or made using only those pigments and colourants which are in conformity with Indian Standard.ii. Carry bags made of recycled plastic or products made of recycled plastic shall not be used for storing, carrying, dispensing or packaging ready to eat or drink food stuff’;iii. carry bag made of virgin or recycled plastic, shall not be less than fifty microns in thickness;iv. plastic sheet which is not an integral part of multilayered 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;v. 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;vi. sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala;vii. Recycling of plastic waste shall conform to the Indian Standard.viii. The provision of thickness shall not be applicable to carry bags made up of compostable plastic. 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 carry bags shall obtain a certificate from the Central Pollution Control Board before marketing or selling; andPlastic 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. |
Exemption from conditions |
The rule 4 shall not apply to the export oriented units or units in special economic zones, manufacturing their products against an order for export.This exemption shall not apply to units engaged in packaging of gutkha, tobacco and pan masala. |
AUTHORITY TO ENFORCE WASTE MANAGEMENT RULES (RULE-12) |
1. Related with registration, manufacture, packaging, processing and disposal of plastic wastes.– State Pollution Control Board– Pollution Control Committee2. Related with waste management by waste generator, use of plastic carry bags, plastic sheets.– Concerned Secretary-in-charge of Urban Development of the State or a Union Territory.3. Related with waste management by waste generator, use of plastic carry bags, plastic sheets.(In Rural Area)– Concerned Gram PanchayatWith the Assistance of the District Magistrate or the Deputy Commissioner within the territorial limits of the jurisdiction of the concerned district. |
Responsibility of waste generator.(Rule-8) |
The waste generator shall(i) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000.(ii) 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.(iii) 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.(iv) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of the local bodies for plastic waste management such as waste collection or operation of the facility thereof, etc.Every person responsible for organizing an event in open space, which involves service of food stuff in plastic or multilayered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000. |
Responsibility of retailers and street vendors |
– shall not sell or provide commodities to consumer in carry bags or plastic sheet or multilayered packaging, which are not manufactured and labelled or marked, as per prescribed under these rules.– Every retailers or street vendors selling or providing commodities in, plastic carry bags or multilayered 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. |
FORM UNDER THE RULEhttp://www.moef.gov.in/sites/default/files/PWM%20Rules%2C%202016.pdf |
FORM–I APPLICATION FOR REGISTRATION FOR PRODUCERS or Brand OwnersFORM-II APPLICATION FORM FOR REGISTRATION OF UNITS ENGAGED IN PROCESSING OR RECYCLING OF PLASTIC WASTEFORM–III APPLICATION FOR REGISTRATION FOR MANUFACTURERS OF PLASTIC RAW MATERIALSForm–IV FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC WASTE PROCESSING OR RECYCLING FACILITY TO THE LOCAL BODY. |
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