Many businesses produce goods to later sell in the market and earn profit. Waste management rules regulate some of these goods as they produce harmful waste at the end f their life. This produced waste has to be dealt with the best practices which are environmentally safe and sound. Producers have to comply with the waste management rules for plastic waste, e-waste, battery waste, and tyre waste. If these producers fail to do so, they will have to pay environmental compensation, which is a kind of penalty for not complying with the rules and guidelines specified by the Central Pollution Control Board. For these omissions, the CPCB sends notices to the producers, which the producers have to reply to and act on the directions as soon as possible.

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Annual EPR Compliance

Producers of plastic products, electronic and electrical products, battery products, and tyre products need to recycle a particular amount of waste. This recycling target is based on the total production by the producer for the last year. As the EPR Target for various waste types is calculated in percentage, it is directly proportional to the products manufactured in the last financial year. Complying with this target and fulfilling EPR Obligations on an annual basis is called Annual EPR Compliance.

Deadline to Fulfil the Annual EPR Compliance

The date to fulfil the EPR Liabilities by the producers is the 30th of June of every year. By this date, the producers, manufacturers, brand owners and importers have to file all the requisite reports, returns and EPR Certificates to the online Central Pollution Control Board Portal to prove the amount of their recycled waste. These are scrutinised by the CPCB, and after authentication, the EPR Liability of the producers is adjusted accordingly. However, the deadline can be extended at the discretion of CPCB.

Repercussions of Not Complying with EPR Rules

If a producer cannot meet his EPR Target within the specified time, then CPCB can charge an amount from the producer as environmental compensation. Other than this, if any regulated stakeholder who is dealing in any kind of waste type does not comply with the respective rules, then CPCB can take strict action and send a notice to the party for the same. You have to deal with this notice with due diligence, as any mistake after this point may lead to even worse situations. There are various repercussions for not complying with the Waste Management Rules (EPR Regime). Some of the major ones are as follows-

• Environmental Compensation
• Seizure of Manufactured Products
• Closure of the Unit
• Cancellation of CPCB Certificate
• Revocation of Consent
• Cancellation of Commercial Licence by Concerned Local Authority
• Cancellation of Registration Certificate from Custom Authorities
• Imprisonment and Fine as per section 15(1) of Environment Protection Act, 1986

A notice is issued to the producers, manufacturers, brand owners and importers. If a reply is not filed by the party, an extra fine starts accumulating, which has to be paid by the offending party in addition to the directions issued by the Central Pollution Control Board.

How to Reply to CPCB Notices for Non-Compliance with EPR Waste Management Rules

A Notice received from CPCB for non-compliance of EPR annual compliance has different parts, like the recipient's name and address, the subject of the notice, references to earlier talks, if any, laws that give the CPCB the power to take action, and the main directions given in the notice. The directions include information regarding the decision of the CPCB about a particular issue, and it also has a deadline for the recipient to respond to the notice. When replying to such notices, you should always take services from an expert compliance management company like Corpseed, which has years of experience in environmental, legal and financial compliance management. We at Corpseed provide the best team for your compliance management and resolving any legal issues involved. You must keep the following points in mind when replying to the CPCB notice for not following EPR Annual Compliance-

• Before replying to the notice, it must be carefully read and understood. Make sure you do not miss any crucial information asked in the notice.
• After grasping the information from the notice given by the Central Pollution Control Board, you need to identify the immediate course of action, which will depend on the directions given in the CPCB Notice.
• The immediate course of action can be the rectification of EPR Certificate data if any discrepancy is found by the CPCB or the fulfilment of leftover EPR liabilities, or the payment of environmental compensation as imposed for the non-fulfilment.
• Based on the directions, you can decide whether you should immediately respond to the notice or wait for the resolution to be completed.
• If needed, you can also reach out to CPCB via electronic mail to convey some immediate concerns, if any.
• If the resolution takes longer time than the deadline as stipulated in the notice, you can send an immediate reply, but if the resolution can be implemented soon, you should send the confirmation of the same after the directions given in the notice are implemented.

How to Avoid CPCB Notices in Future?

The Producers, Manufacturers and Importers should keep their documents up to date and follow annual EPR Compliance properly. In case of any irregularity, the Central Pollution Control Board can take action against your business entity, and you may need to face legal hurdles for the same. You should take care of the following responsibilities and fulfil them in time to avoid such CPCB Notices for noncompliance of EPR rules-

• Keeping records of business entities you deal with
• Do not deal with business entities which do not have a CPCB Registration
• Obtain CPCB Registration for Waste Management
• Fulfil annual EPR targets
• File Annual and Quarterly Returns
• Provide only the correct information regarding the transaction of EPR Certificates
• Submit annual sale and purchase data
• Manage Emissions and Effluents as prescribed in the Waste Management Laws and CPCB Guidelines
• Ensure Collection, Recycling, Refurbishing and Disposal of the Waste Generated
• Redirect Collected waste to appropriate recyclers and refurbishes
• Create awareness about the Waste Management Practices in Society
• Renew CPCB registration before the validity expires

Conclusion

Businesses producing some notified goods like plastic, electronic, battery and tyre products must adhere to waste management rules to mitigate the environmental impact of products at their end-of-life disposal. Compliance with Central Pollution Control Board (CPCB) regulations is essential to handle end-of-life waste properly and avoid penalties. EPR Annual Compliance entails meeting recycling targets based on production, but if you fall short on your annual obligation or lack any regulatory document, you may receive notice from the Central Pollution Control Board. CPCB Notices shall be replied to with due diligence and assistance from an experienced consulting company like Corpseed. Non-compliance results in penalties, product seizures, closures, and legal action. Proactive measures not only prevent penalties but also foster sustainable production and waste management practices.