Overview Regarding the Plastic Waste Management - PWM Registration 

Plastic waste management has become the top priority of international agencies worldwide. This is due to people's increased awareness of plastic waste's adverse effects on the environment and human health. Seeing this rise in awareness among people and national authorities, the Indian government also took many initiatives to manage the uncontrollable amount of plastic waste generated in the country. One such initiative was implementing the Plastic Waste (Management) Rules, 2016, where the government introduced the Extended Producer Responsibility (EPR) policy. Subsequently, the government mandated the producers and other stakeholders to contribute to Plastic Waste Management through PWM Registration.

Market Overview of the Plastic Waste Management Business

The international plastic waste management market is estimated at 32.91 billion US Dollars in 2019 and will reach 41.58 billion US Dollars by 2027. The market is growing and is expected to continue at a Compound Annual Growth Rate of 3.1 per cent from 2020-2027. On the other hand, India's plastic recycling is estimated to be worth 6.06 million tons in the Financial Year 2021 and will reach 12.43 million tons in FY 2030. The stats show an increase at a high Compound Annual Growth Rate of 6.98 per cent until the Financial Year 2030.

This growth in the market of Plastic Waste Management can be attributed to an increase in the accumulation of plastic waste, various efforts of the government to ensure its proper management and an increase in the awareness among people about the regulations and management related to it. Due to this, Plastic Waste Management through PWM Registration was introduced.

The Plastic Waste Management Rules, 2016

The Plastic Waste Management Rules, 2016 were enacted to replace the PWM Rules, 2011, to introduce the concept of Extended Producer Responsibility. The rules provide various measures and regulations to minimise plastic use in India. The main objective of PWM Rules, 2016 is to widen the scope of the applicability concerning the jurisdiction as it now includes rural areas. The rules also introduced the concept of the collection back or buy back policy/system of plastic waste by the producers or the manufacturers.

The government has also imposed various pre-registration fees on the producers and importers of multi-layered packaging and plastic bags. The fee is also imposed on vendors for trading plastic so that a sound PWM system can be established. Plastic Waste Management Rules, 2016, also prescribe responsibility to the local bodies and gram panchayat to properly implement and coordinate better waste management systems in the village and among the people. Additionally, the rules mandate Plastic Waste Management through PWM Registration. These rules further urged the use of plastic for the construction of roads according to the guidelines issued by the Indian Road Congress.

Plastic Waste Management Rules, 2016also increase the lowest thickness of plastic carry bags from 40 microns to 50 microns. This was done along with stipulating the minimum thickness to be 50 microns relating to plastic sheets to facilitate better recycling and management of the waste.

Role of Extended Producer Responsibility:-

• By implementing EPR, the government is reducing the financial burden of relieving local bodies/gram panchayats/ Nagar Palika.
• Encourage manufacturers and producers to generate and design more environmentally sustainable products.
• Encouraging proper plastic waste recycling and management sector.
• EPR policy also includes and accommodates the informal sector in waste management.

Importance of Plastic Waste Management through PWM Registration 

The rules make it mandatory for the producers to contribute towards and acquire Plastic Waste Management through PWM Registration. The registration plays a vital role in the management of plastic waste as it helps authorities to -

• Regulate and monitor the use of plastic bags with a thickness of more than 50 microns;

• To also monitor and expand the jurisdiction by including the rural areas as well;

• To set liabilities of the generators of plastic waste or producers to manage the waste produced by them concerning their EPR target;

• To generate general awareness among people and producers about regulating the increase in plastic waste.

Identifying Types of Plastic for Plastic Waste Management through PWM Registration 

For Plastic Waste Management through PWM Registration, as per the rules, only certain types of plastic are listed. Some of these are: -

• Polyethylene Terephthalate (PETE)
• High-Density Polyethylene (HDPE)
• Polyvinyl Chloride (PVC - U)
• Polypropylene (PP)
• Polystyrene or Styrofoam (PS)
• Low-Density Polyethylene (LDPE)
• Others

EPR Responsibility Policy under Plastic Waste Management Rules

MoEF (The Ministry of Environment, Forest & Climate Change) has recently implemented new guidelines under The Plastic Waste Management (Amendment) Rules, 2022. These new amendments are for establishing and promoting the circular economy relating to utilising plastic packaging waste and encouraging the manufacture and use of alternatives to single-use plastic.

These new guidelines also include EPR responsibility regulations such as:-

• The manufacturers and producers must provide particulars of recycling certificates from approved recyclers, and the amount sent for end-of-life disposal. The authorities will double-check this through an online portal.
• In the case mentioned above, if the review showed that the figures are low, it would be considered that the Producers/Importers/Brand Owners (PIBOs) have fulfilled their Extended Producer Responsibility.

The registration process Plastic Waste Management through PWM Registration 

Extended ProducersResponsibility for Plastic Waste is given to PIBOs.As per PWM Rules, 2016, Producers/Importers and Brand Owners' accountability must be fulfilled by instituting a system for waste management while involving local bodies.

Barring this, it is also mandated that PIBOs with operations in more than two states must obtain authorisation registration from Central Pollution Control Board (CPCB). Also, Producers, Importers and Brand Owners who have operations in one or two states are required to obtain authorisation registration from Pollution Control Committee (PCC)/State Pollution Control Board (SPCB).EPR is needed for Plastic Waste Management through PWM Registration.

 

• The registration for Extended Producer Responsibility for plastic waste is applied through the online portal of the CPCB/SPCB or PCC (Pollution Control Committee).
• Producers or importers must register with the CPCB to acquire an EPR by filling out Form-I. One needs to provide general information, including the Name of the Organisation, Address, and Basic Information of the applications (Name and designation of the person authorised, Contact Details of the Authorised person), Total Production Capacity, etc.
• Along with the application, PIBOs also have to submit the mandatory documents.
• Producers, Importers, and Brand Owners must submit the EPR Action Plan containing the strategies. This is submitted to fulfil the state-wide EPR target, which will be submitted for each state/UT.

Category	Year	EPR Target (as a percentage of Q-Category-wise)
I	2021-22	25%
II	2022-23	70%
III	2023-24	100%

• Once the application is submitted to the mandated authority, it is scrutinised and reviewed. Subsequently, it gets finalised within seven working days of the receipt of the application, which is mandatory to get Plastic Waste Management through PWM Registration.
• Suppose there is any default in the submitted form or documents. In that case, the Central Pollution Control Board/State Pollution Control Board or Pollution Control Committee sends the submitted form back to the PIBOs. This form has to be reverted within thirty days. If environmental authorities receive no information within the given time frame, the authorisation application will be considered withdrawn.

Documents submitted while filling out the application form

(a) GST or invoice as proof of sale

(b) Action Plan documents for fulfilling EPR liability

1. If required, a document issued by urban local bodies/concerned state authorities related to the appointment of PIBOs/Waste Management Authority
2. Registration issued by Pollution Control Committee or the State Pollution Control Board to Plastic Waste Processing Facility to be engaged with for plastic waste processing.
3. If required, a copy of an agreement of Producers/Importers/Brand Owners/Waste Management Authoritywith Plastic Waste Processing Facility.
4. If required, a copy of an agreement of PIBOSwith the Waste Management Authority.

(c) In case the plant has a production facility, District Industries Centre (DIC) is required

(d) Authorised consent certificate is required under Air & Water Act if the unit has a production facility

Consent Certificates

1. CTE (Consent to Establish) is essential for Plastic Waste Management through PWM Registration. PIBOs obtain CTE before the manufacturing unit is established as per the Air and Water (Prevention and Control of Pollution) Act.
2. CTO (Consent to Operate)is obtained by Producers/Importers/Brand Ownersonce the production plant is instituted and is equipped to start the production process under the Air and Water (Prevention and Control of Pollution) Act.

One of the most important documents required by PIBOs is Consent Certificates. The authorisation process includessubmitting the application form through the centralised online portal of the concerned Union Territory Pollution Control Committee or the State Pollution Control Board of the related state. The application must be accompanied by the environmental authorities' certificates/documents or licenses. After that,the form that is submitted is analysed by the authorities. Following this, an authorised government official visits the site for inspection and frames a comprehensive report accordingly.Ultimately, the consent certificates required for Plastic Waste Management through PWM Registration are granted.

Note: -This is to keep in mind that the site inspection occurs only when the manufacturer applies for Consent to Operate.

Documents required for consent certificates

• Pan card
• SSI certificate
• Aadhar card
• Industry Department Certificate
• Details on channelisation
• Total open land
• The project report
• Water usage breakdown
• Total constructed area
• DG specifications
• The layout plan/site plan
• Boiler type, fuel used and quantity
• Effluent/Sewage Treatment Plant flow diagram
• Product/by-product list
• Specifics on air pollution controls
• Registration proof of unit
• Raw material list
• Site plan
• Water bill
• Consent from the state's groundwater authority
• Factory/Trade License
• Authorisation letter
• Municipality or industry license

GST Certificate

Document required for GST Certificate

• PAN card
• Memorandum of Association (MoA)
• Articles of Association (AOA)
• Incorporation Certificategranted by the Ministry of Corporate Affairs
• Address proof
• Aadhar Card of the applicant
• Bank details

Company license

Additional Documents required for establishing the company and getting Plastic Waste Management through PWM Registration are –

1. Address proof such as
2. Passport;
3. Ration Card;
4. Election Card or Voter Identity Card;
5. Electricity Bill;
6. Driving License;
7. Aadhaar Card;
8. Telephone Bill.

• PAN Card;
• GST registration certificate;
• MOA;
• AOA;
• Residential Proof such as
  1. Bank statement
  2. Electricity bill
  3. Telephone bill
  4. Mobile bill

Factory license obtained by PIBOs

To establish their manufacturing units, PIBOs must list their business under Factories Act. As per the act, PIBOs are prescribed to acquire a Factory license through the permission of the Chief Inspector of the Labour Commissioner Organisation. This is done after scrutiny of the plastic waste management site according to the rules prescribed by the Factories Act.

Documents needed by PIBOs

For acquiring the Factory license to get Plastic Waste Management through PWM Registration, the following documents are required: -

• Form 1;
• Aadhar card;
• List of directors;
• Layout plan/site plan;
• Partnership deed;
• Tax receipt
• MoA;
• AoA;
• Account details;
• Commencement date;
• Consent form from SPCB/PCC
• Payment receipt;
• Land deeds;

Details of hazardous and non-hazardous waste

How can Enterclimate assist you? 

Personalised legal assistance   Our team of legal experts offers assistance all through the process of obtaining license for Plastic Waste Management through PWM Registration.

Aid in Annual Report Filing  We offer comprehensive guidance individually catering to your specialised needs. Our team of an expert also guide annual report filing.

Support on filing for Renewal   Our team of experts also deliver thorough service for filing a renewal application for a PWM Registration for Plastic Waste Management Business.