What should companies abide to for their extended producer responsibility under the uniform framework of EPR in Plastic Waste Management Rules, 2016?
- A collection system of used Multi-layer plastics must be the primary responsibility of the producers/importers/brand owners. This collection plan must be submitted to the SPCB while applying fresh for consent to operate or while renewal.
- Within a time frame of 3 months from the date of final publication of the framework in official gazette, producers/importers/brand owners must apply for grant of permission to use Multi layered plastics which is non-recyclable.
- A proper record has to be maintained on the source and quantity of usage of any type of plastics.
- Under the watch of CPCB, all the registrations will be done online in order to create a database to monitor the implementation of EPR mechanism through the portal.
Some existing legislations that stakeholders responsible for bringing plastics to market must follow. Every producer or brand-owner shall, for the purpose of registration or renewal of registration, make an application, in Form 1 to:
- the concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating in one or two states or Union territories; or
- The Central Pollution Control Board, if operating in more than two States or Union Territories.
- Every person recycling or processing waste or proposing to recycle or process plastic waste 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.
- 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.
- The 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 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) along with a certificate of registration issued by the District Industries Centre or any other Government agency authorised in this regard.
Something for the PROs, PRO registration will provide information on experience of PRO, its interest, capacities in terms of manpower net worth, its willingness to work in a specific State/ area etc. Some guiding principles are:
- Producers/importer/brand owner by their own or through PRO required to ensure that an equivalent amount of plastic is being collected and processed.
- Producer/importer/brandowner/PRO will lead implementation and provide funding required under the Rules on behalf of producers to support plastic recycling.
- The program shall promote the inclusion of waste pickers in a manner which improves their working conditions and incomes.
- PRO/Producers/Importers can also obtain certificates from accredited processors [recyclers, W2E plant operators, cement co-processors, users utilizing plastic in road] in exchange of an evidence of recycling or recovery, which will act as ERP compliance.
- Producers/importer/brandowner will be at liberty to engage individually (through buy-back or deposit refund schemes) or collectively (through registered PROs) with the ULBs, processors and the informal sector.
- ULBs have the lead responsibility to set up and maintain adequate collection, segregation and sorting of plastic wastes and should share the costs of these programs with PRO in a manner which promotes effective and efficient program design.
- All obligated producers (brand owners, importers etc) designated under the Rules must report on the quantities of these materials supplied into the India market in a manner which protects the confidentiality of proprietary information. (as mentioned in the section of national registration and data repository)
- Manufacturer and PIBOs will share the detail of type of plastic used in packaging and should also share quantity of plastic consumed by them nationally.
- Manufacturer and PIBOs shall submit the quarterly report on collection and disposal of all packaging plastics, including MLPs Online into the portal against their targets.
- CPCB shall create a national level association named PRO Association (PROA). All the registered PROs shall be the members of PROA and share all the data and information with PROA. Further, PROA shall submit all the data/ information of EPR with CPCB.
- The per kg fee shall be calculated to include a contribution from all plastic types to fund common program costs (including PRO design & set-up; governance & ongoing administration; reporting, auditing & enforcement; developing state specific plans and obtaining SPCB/SPCC consent; contracting for program services etc.