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  • Identification of Applicable Compliance
  • Arrangement of Required Documentation
  • Assistance in Return Filing
  • Timely Updates on Upcoming Due Dates

Overview of  Plastic Waste Management

As per the latest annual report of the Central Pollution Control Board, the total plastic waste generation in India, as per the data provided by 35 States and Union Territories for the year 2019-20, is approximately 34,00,000 tonnes per annum, with Maharashtra generating the maximum amount of Plastic Waste followed Tamil Nadu and Punjab. With this much Plastic Waste generation, India, which is the second-most populous country, ranks 94th in per capita plastic waste generation; China is the largest producer, closely followed by the United States.

Plastic Waste in India is defined under the Plastic Waste (Management) Rules, 2016, “as any plastic discarded after use or after its intended use is over.” Under this Rule, Plastic Waste is regulated and managed by the authorities via delegating liabilities to Producers’ for the waste produced by them. This policy of delegating responsibility to the Manufacturers for proper management and disposal of their product is defined as Extended Producers’ Responsibility.

Plastic Waste (Management) Rules, 2016 was implemented in March 2016 to regulate the manufacture, sale, and distribution of plastic or plastic products, including carrying bags, Plastic Sheets or multi-Layered packaging, etc.  These rules also prescribe individuals and bulk generators, including offices, industries and commercial establishments, to segregate the plastic waste from their end and hand it to the state authorities.

Role of Extended Producers' Responsibility:-

  • Relieving local bodies/gram panchayats/ Nagar Palika from some financial burdens.
  • Push producers' to design and manufacture more sustainable products.
  • Promoting waste management and recycling sector
  • Counting in and including the informal sector in waste management

The Plastic Waste (Management) Rules, 2016 also mandate the Post compliance for plastic waste management by the Recyclers or the producers which include filing half-yearly as well as the yearly report under the rule 17(1) of the Rules, 2016.

Post-Compliance for Plastic Waste Management

The post compliance by Producers/Importers/Brand Owners of Extended Producers’ Responsibility is categorised into two parts: -

  1. Half-Yearly Report Submission- As per Plastic Waste Management Rules, 2016, the producers, Importers and Brand Owners are required to submit their half-yearly report regarding the progress of Plastic waste management for every state and union territory mentioned in the EPR Action Plan, which has to be submitted to the particular State Pollution Control Board/Pollution Control Committee. The producers, Importers and Brand Owners further have to provide documentary proof and supporting papers from the processing facility. This half-year report must be submitted within 15 days of the relevant half-year end.
  2. Annual Report- Annual report is submitted by the Producer/Importer/Brand owner every year by 30 April to Central Pollution Control Board.
  3. Sales Details Submission- As per Plastic Waste Management Rules, 2016, the producers, Importers and Brand Owners are also required to submit the sales details to the State Pollution Control Board or Pollution Control Committee.

Post-Compliance Documents under Plastic Waste (Management) Rules, 2016

Producers’/Importers/Recyclers, while filing annual reports by filling up Form IV as per Rule 17(1) of The Plastic Waste Management Rules, 2016, have to submit the following documents: -

  1. Quantity of plastic waste received during the year being reported upon along with the source
  2. Details of landfill facility to which inert or rejects were sent for final disposal
  3. Quantity of reject or inert sent for final disposal to landfill sites
  4. Quantity of plastic waste recycled or processed in tons
  5. Documents reflecting the status of compliance with environmental conditions

Procedure for Submission of Annual Progress Reports

As per Plastic Waste Management Rules, 2016, the producers, Importers and Brand Owners are required to submit their annual report regarding the progress of Plastic waste management for every state and union territory mentioned in the EPR Action Plan, which has to be submitted to the particular State Pollution Control Board/Pollution Control Committee. The process involves submitting the annual report, reviewing the submitted report, and creating a consolidated report submitted by the authority.

Filing of Returns/Report

For filing an annual report, the individual involves in recycling and processing waste files Form IV under rule 17(1) of the Plastic Waste Management Rules. The Producers’ Responsibility Organisation can also assist the producers’ in filing the annual report. The annual report involves information on Technologies used for the management of plastic waste, the Capacity of the establishment etc.

Submitting/Review Application

After the annual report is filled by the producers’ with the assistance of the Producers’ Responsibility Organisation, the report is submitted to State Pollution Control Board/Pollution Control Committee. 

Consolidated Report by Authority

Once the application is submitted, the state pollution control makes its own report based on the annual reports submitted in form-VI, depending on which Central Pollution Control Board make its own annual report before 31st August every year.

Procedure for Filing for EPR Certification

The procedure for acquiring an EPR certificate under Plastic Waste (Management) Rules, 2016 from State Pollution Control Board or Pollution Control Committee is regulated by Plastic Waste Management Act, 2016.

  • Filing an application

The Producer/Importer or the Brand Owner has to register through the centralised Portal and fill out Form-I of Plastic Waste (Management) Rules, 2016, along with submitting the attested documents and Applicable Fee.

  • Submitting/Review Application

Once the application for registration is submitted through the online portal is then scrutinised and reviewed by the authorised personnel of the state pollution control board/Pollution Control Committee within seven days.    

  • Grant of license

Once the application is reviewed and scrutinised by the authorised personnel, the registration is granted in the case CPCB has not responded within one month; it is presumed that there is no error in the application and documents submitted. 

Eligibility for Applying for EPR Certificate under Plastic Waste (Management) Rules, 2016

Before applying for registration, producers/Importers and Brand Owners have to operate in more than two states for registration under Central Pollution Control Board and in one or two states for State Pollution Control Board. Along with this, they also have to submit an Extended Producers’ Responsibility action plan for Plastic Waste management.

Also, Producers/Importers and Brand Owners need proper management of plastic waste in the organised sector, along with sufficient land and space for setting up operations and for workers to work comfortably.

Renewal of Application

According to the Provisions of Plastic Waste (Management) Rules, 2016, Producers/Importers and Brand Owners are vested with the responsibility for proper management of plastic waste of the products they put on the market under Extended Producers’ Responsibility (EPR).

The first-time registration for EPR Authorisation for plastic waste will be valid for one year as per the Plastic Waste Management Rules. At the same time, any registration after that will be valid for three years.

After registration, the importers are also responsible for submitting half-yearly progress reports and yearly Progress reports.

How Can Enterclimate Assist You?

Complete Compliance Solution

Enterclimate provides support for all the legal assistance and requirements concerning compliance of your Plastic Waste business from our team of environmental experts.

 

Comprehensive Support

Our team understands the value of your business. We provide comprehensive support for all your compliance liabilities.

Professional Work Environment

We at Enterclimate value your time; therefore, our team of experts try to ensure that our communication with our clients is always professional and constructive.

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