India’s Plastic Waste Management (PWM) Rules, under the Environment (Protection) Act, 1986, aim to reduce plastic waste by enforcing strict guidelines. The Environmental Compensation (EC) system ensures compliance, imposing significant fines for violations.
What You Need to Know:
These rules control how plastic is made, sold, and used. Non-compliance, with these rules can result in substantial Environmental Compensation (EC) being levied. Fines can range from thousands to tens of thousands of rupees, depending on the violation and how many times it occurs.
Manufacturers, sellers, and other involved parties have specific duties and can be fined for not following the rules.
Details on EC and Penalties:
Using bags thinner than 120 microns or non-woven bags under 60 GSM will incur fines starting at ₹5,000 per ton for the first violation, ₹10,000 for the second, and ₹20,000 for the third.
Manufacturer Violations:
- Selling raw materials to unregistered producers or not having proper registration.
- Fines: Rs. 2,500 to Rs. 10,000 per ton,
- Certain plastic bags and packaging are prohibited. Penalties apply to producers, distributors, and sellers who do not comply with these bans.
Local Bodies-
Must manage plastic waste and ensure proper recycling.
Fines: Rs. 5,000 per ton of mismanaged plastic waste, increasing for repeat violations.
Waste Generators:
Waste not segregated/Waste littered
- Waste generator: Spot fine – Rs.500/- (I violation); Rs.1000/- (II violation); Rs.2,000/- (Third violation & thereafter)
- Institutional Waste Generator: Spot fine Rs.5000/- (I violation); Rs.10,000/- (II violation); Rs.20,000/- (Third violation & thereafter)
Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions)
Other Violations:
Issues with registration, reporting, or false information.
Manufacturer/Producer/Brand owner:
Marking or labelling: Cancellation of Registration/CPCB certificate & Fine Rs.2000/- (I violation); Rs.5000/- (II violation); Rs.10,000/- (Third incident)
Extended Producer Responsibility (EPR): Key Penalties under Schedule-II of PWM Rules for Plastic Packaging
- If Producers, Importers, or Brand Owners (PIBOs) misreport plastic packaging quantities or recycled plastic use, their EPR target will increase, and they could face penalties up to ₹1,00,000. Penalties escalate with repeated violations.
- Providing false information will lead to the cancellation of registration and a penalty of double the application fees, up to ₹1,00,000. For a second offense, the penalty will be four times the application fees, and for a third offense, it will be eight times the application fees.
- PIBOs and Plastic Waste Processors that don’t follow certification rules risk losing registration.
- Processors and producers failing to meet environmental standards will face penalties based on CPCB guidelines.
- PIBOs not registered on the Centralized Portal will be fined ₹5,000 per ton of plastic produced, increasing to ₹10,000 and ₹20,000 for repeated violations.
Annual returns not filed:
For PIBOs (Producers, Importers, Brand Owners):
A notice will be sent if the Annual Report (AR) is not filed within 5 days after the deadline. After this, a fine of Rs. 5000 will be charged for the next 5 days (increasing to Rs. 10,000 for the second offense and Rs. 20,000 for the third). For the following 10 days, the fine increases to Rs. 10,000 (Rs. 20,000 for the second offense and Rs. 40,000 for the third). After these 15 days, the AR will be automatically filed, and additional fines will apply if EPR targets are not met.
For Plastic Waste Processors:
A notice will be sent if the AR is not filed within 5 days after the deadline. Then, a fine of Rs. 200 per day will be charged for the next 15 days, increasing to Rs. 400 per day for the following 10 days. After this, the AR will be automatically filed, and the fine must be paid when renewing the Consent with the State Board. The amount varies based on plant size.
Force Majeure:
If there’s a valid reason (force majeure) for not filing on time, a special committee will decide on any fines.
Minimum & Maximum Fines:
Fines are based on the amount of plastic waste and the level of violation, with both minimum and maximum limits set.
Late Payment of Fines:
Fines must be paid within the time specified. If not, the amount will increase significantly.
Use of Collected Fines:
Fines collected will be kept in a separate account and used for plastic waste management, including collection, recycling, and disposal. The use of these funds will be decided by the EPR committee and approved by the Ministry.
Producers must meet specific targets for recycling and reporting plastic use.
Fines for Non-Compliance Can range up to Rs. 1,00,000 depending on the violation.
Important Points-
EC calculations can be complex. Check the PWM Rules for details.
Non-compliance can lead to serious financial and legal consequences.
Always stay updated and make sure your operations follow the regulations.
Disclaimer: This information is a guide and not legal advice. Consult with legal experts or authorities for specific guidance.
Remember: Everyone has a role in protecting the environment!
Disclaimer: Above content does not constitute any legal advice and is only provided for educational purpose.
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