Plastic Waste Management Rules 2016

The Government has notified the Plastic Waste Management Rules, 2016, in suppression of the earlier Plastic Waste (Management and Handling) Rules, 2011.
Previous rules and Their Limitations:

A.) The Govt had initially notified the Recycled Plastic Manufacture and Usage Rules in 1999, which was mainly on manufacturing and usage of Plastic carry bags. It is specified that the minimum thickness of plastic bags should be of 20 microns.

B.) The Plastic Waste (Management and Handling) Rules, 2011 laid down certain conditions for manufacturing, stocking, sale and use of plastic carry bags and sachets, which were required to be monitored and implemented by the State Pollution Control Boards/ Municipal Authorities. It specified that the minimum thickness of plastic bags should be of 40 microns. This was to facilitate its collection and recycle.

However, the implementation of these rules was not so effective because:

• The ambit of these rules was limited to notified municipal areas whereas today, the plastic has reached to our rural areas also.
• There were no provisions on responsibility of waste generators.
• The rules did not address the promotion of conversion of waste to useful resources.
• Though, it provided for Extended Producers Responsibility for the establishment of waste management system, pricing of carry bags etc. those were not exercised by the local authorities as it was simply left at the discretion of municipal authorities.

The Government reviewed the existing rules and drafted revised rules to implement them more effectively so as to give thrust on:

• plastic waste minimization
• source segregation,
• recycling,
• involving waste pickers, recyclers and waste processors in collection of plastic waste 
• adopt polluter pays principle for the sustainability of the waste management system,

Provisions and their objectives:

(i) Increase in the thickness of carry bags and plastic sheets
Increasing the thickness of plastic carry bags is likely to increase the cost. Hence, the tendency to provide free carry bags will come down and collection by the waste-pickers also increase to some extent.
 

ii) Collect back system
The producers, importers and brand owners who introduce the plastic carry bags in the market are required to establish a system for collecting back the plastic waste generated due to their products (within 6 months from the issue of ntification)
This plan of collection has to be submitted to the State Pollution Control Boards while applying for consent to Establish or Operate or Renewal. The introduction of the collect back system of waste generated from various products by the producers/brand owners of those products will improve the collection of plastic waste, its reuse/ recycle.

(iii) Phasing out of manufacture and use of non- recyclable multilayered plastic
Manufacture and use of non-recyclable multilayered plastic if any should be phased out in two years’ time.
 

(iv) Responsibility of waste generator
All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Solid Waste Management Rules, and handover segregated wastes to authorized waste processing or disposal facilities or deposition centers, either on its own or through the authorized waste collection agency.
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 organising 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 Solid Waste Management Rules.
 

(v) Responsibility of local bodies and Gram Panchayat
The local bodies shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing associated functions.
 

(vi) Responsibility of retailers and street vendors
Retailers or street vendors shall not sell, or provide commodities to consumers in carry bags, or plastic sheet, or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under these rules.
Failure to comply shall invite such fines, as specified under the bye-laws of the local bodies.

(vii) Pre- registration fee
The shopkeepers and street vendors willing to provide plastic carry bags for dispensing any commodity (i.e. BIN BAGS) shall register with local body.

The local body shall, shall make provisions for such registration on payment of plastic waste management fee of minimum Rs. 48, 000/- @ Rs. 4,000/- per month. It may also prescribe higher plastic waste management fee, depending upon the production, or sale capacity.

Only the registered shopkeepers, or street vendors shall be eligible to provide plastic carry bags for dispensing the commodities.
The local body shall utilize the amount paid by the customers for the carry bags exclusively for the sustainability of the waste management system within their jurisdictions.
The introduction of provision to collect fee from the producers, importers of plastic carry bags / multilayered packaging and vendors selling the same, will strengthen the financial status of local authorities and improve Plastic Waste Management System.
 

(viii) Reuse of plastic waste
The options on reuse of plastic in various applications namely, road construction, waste to oil, waste to energy will enhance the recycling of plastic.
 

(ix) Land for waste management facility
The responsibility to provide land for establishing waste management facility has been made to the Department with business allocation of land allotment in the State Government. This would eliminate the issue of getting land for the waste management facility.

By: Vishal