Introduction: PWM Rules 2020-2022
Due to the flexible nature of plastic especially during the time of processing, plastic has earned an enormous reputation. Looking at it performance-wise, it can be said that it is strong and can be easily molded and shaped in the desired form.
Table of Contents
- Introduction: PWM Rules 2020
- Detail Analysis of the Plastic Waste Management Rules, 2020
- Registration to be Granted to the PIBOs under PWM rules, 2020
- Renewal of the Registration Under the PWM Rules, 2020
- Cancellation of Registration Under PWM Rules, 2020
- Plastic Waste Management Rules, 2021
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The use of plastics is not restricted to a few arenas but rather to multiple fields like the construction industry, the manufacture of electronic products, etc. Besides the versatile utility possessed by plastic material, it certainly presents challenges and concerns that must be faced head-on.
Plastic has been in use ever since it first came into existence, keeping in mind its prolonged use, it has bagged the tag of a threatening material and needs to be properly addressed. The problem posed by the plastic cannot be solved within one day. It would require tireless efforts by all people.
Mostly, it is seen that the plastic waste is disposed of in landfills. It can also be said that the plastic waste is subjected to incineration as well. These methods are largely unsustainable in nature and burden Mother Earth. Further, when talking about the discarding of plastic waste, it is observed that they are dumped into the oceans where they carry the potential to poison and choke sea animals. Plastic waste has even found its home on the top of the mountains.
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In order to find a solution to this problem, many countries are coming forward to devise methodical strategies for looking over the plastic waste problem. The systems are being placed to carry out the efficient treatment of plastic waste.
Recycling is being opted as a way to cater to this arising problem. Awareness is being generated with the tool of education that would bring a difference in society.
Detail Analysis of the Plastic Waste Management Rules, 2020
Plastic waste management rules, 2020 lays down the provisions with respect to the handling and management of plastic waste. It seeks to allocate the responsibilities of different bodies or which can be called as the stakeholders. Some of the salient features of the plastic waste management rules, 2020 are jotted down below:
- In the first place, we need to talk about the applicability of the above-mentioned rules. The entities to whom these rules are applicable include as given below:
- So the very first entity to whom these rules apply is the waste generators.
- In second place, comes the manufacturers.
- Next in line is the producers to which these rules very well apply.
- Importers are the ones to whom the rules become applicable equally.
- Subsequently, the above-mentioned rules are very much applicable to the brand owners as well as the Gram panchayats.
- Last but not least, all the local bodies dealing with plastic waste management form a part of the family.
- Considering the duties to be followed by the waste generators. They are very much expected to not spread litter pertaining to plastic waste. All the institutional generators must resort to segregating the plastic waste at first and following this they must transport the waste to the agency authorized in this regard. The waste generators must also adhere to paying the user fee which is very well prescribed by the ULB and in the other case, the spot fine is charged if a violation takes place.
- Further, the local bodies are entrusted with the responsibility to give effect to the use of plastic waste especially in the construction of roads, to convert the waste into useful commodities like oil or converting the waste into energy. Also, the local bodies would be responsible for the appropriate infrastructure to be erected that would look after various processes like the work of segregating the plastic waste, its related processing, transporting it, and disposal-related activities. This could be carried out with the help of the agencies or with the assistance of the producers.
- On an overall basis, the gram panchayat is also equally responsible to look after the process of managing waste, especially in rural areas. The Gram Panchayat can carry out such a process either on its own or by way of engaging the help of the agencies that would coordinate all the waste management activities.
The Gram Panchayat is also required to ensure that while carrying out waste management activities, the environment must not be harmed in any case. Apart from this, the entity must also pay due attention to spreading and creating awareness so that the appropriate knowledge could be imparted to the stakeholders regarding their roles and responsibilities.
The Gram panchayat must also make sure that the plastic waste is not subjected to burning in open places.
- The PIBO's role in plastic waste management is confined to having modalities in place in respect of the waste management system. The system should be such that it should work on collecting back the plastic waste with simultaneous consultation with the local authorities. The plastic waste must be collected back within a time span of six months. Such a plan must be duly executed within two years following it.
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- The provision of the Plastic waste management rules would be enforced under the guidance of the State Pollution Control Board which would be the ultimate authority in this regard. The provisions to be enforced by the state pollution control board would stand related to plastic manufacturing or its disposal.
- Concerning the rural areas, the Gram panchayat would be the body to entertain the enforcement of the rules as laid down under the Plastic waste management rules, 2020. Also, it would look after the regulation of the use of bags made out of plastic and other plastic sheets.
- District Magistrate would play the role of providing assistance to the following:
- In the first place, assistance would be provided to the state pollution control boards or the PCCs.
- Urban development department’s secretary in charge
- It is also inclusive of the Gram Panchayat which falls under the jurisdiction of the District Magistrate.
Registration to be Granted to the PIBOs under PWM rules, 2020
As according to the plastic waste management rules, 2020, the registration would be granted to the Producers, brand owners or importers which would remain valid for a period of one year. Opting for the subsequent registration, make sure that you know that would stand valid for a span of three years. Subsequent registration would also be done as per the PWM rules.
Once the complete application has been submitted by the PIBO, following this the PIBOs would receive the registration certificate within a span of seven days.
With regards to the registration certificate issued to the PIBO, the member secretary of the CPCB would be the authority to issue it and the divisional head would be the concerned signatory.
It is to be noted that the copy of the registration certificate marking the grant of registration must be submitted along with the EPR action plan to the SPCB concerned in this regard and also must be shared with the nodal agency as well which is named by the state government.
All the information and details pertaining to the EPR action plan presented by all the operational PIBOs in a particular state would have to be displayed on the concerned SPCB’s website as per the set format.
Renewal of the Registration Under the PWM Rules, 2020
PIBOs can apply for the renewal of the registration following the submission of the application. This application has to be submitted on a four-month advance basis prior to the date on which the registration expires. Together with the application for renewal, certain documents must also be furnished.
Before the renewal application is submitted by the PIBO, it must be made sure that all the half-yearly reports that are due pertaining to the preceding registration period.
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The documents as submitted by the PIBO would be subjected to assessment together with the half-yearly reports. Further, CPCB is the ultimate authority that would look after the renewal of the registration. The CPCB would renew the registration for a period of three years once the complete documents have been furnished by the producers and the brand owners.
Given below are the documents that must be submitted for getting the registration renewed:
- The first to remember while the application is that it must be filed as per the given format.
- Secondly, a copy of the registration certificate has to be submitted.
- Next in line invites the submission of the EPR action plan.
- The basis of the renewal would be the compliance status. This compliance status must have been received from the State boards.
Cancellation of Registration Under PWM Rules, 2020
Due verification would be done in respect of the documents as submitted by the PIBO. It is inclusive of the third-party audit to be carried out by the CPCB. If in case, the false documents have been furnished and that has been found out, then the registration would automatically invite cancellation.
CPCB will issue a notice in the event wherein any of the provisions of the registration has been found to be violated by the PIBO. PIBO would be granted an opportunity of being heard within a span of 15 days from the date that issued the notice. After the PIBO has presented its stance, then only any decision would be taken pertaining to the suspension of the registration, moreover its cancellation.
Plastic Waste Management Rules, 2021
The Ministry of Environment, Forests and climate change has recently notified the Plastic waste management rules, 2021 which are in the form of the draft rules. These rules are set to transform the landscape with respect to the handling of plastic waste.
On the very first basis, this amendment sought to increase the scope of applicability of the rules. These rules would include not only the brand owners but also the recyclers.
Secondly, the amendment seeks to include more definitions pertaining to the following:
- In the first place, the rules seek to evolve a new way of defining the Non-woven plastic bag.
- Yet another definition would be dealing with plastic waste processing.
- Single-use plastics would likely be seen as having a separate definition for it.
- Next in line is the definition of thermoset plastic.
- The term thermoplastic would also have a new definition.
Further, it has been notified by the Union Ministry that it proposes to relatively increase the thickness of those bags which are made up of virgin plastic. The increase in thickness as set out under such amendment would witness reach a thickness up to 120 microns, a subtle increase from the lower thickness of 50 microns.
These draft rules with respect to plastic waste management also entail a ban on single-use plastic in respect of the associated activities like manufacturing and selling. The ban seeks to come into effect from January 1, 2022.
This is inclusive of the plastic sticks that are used in the case of balloons, thermocol, and other items like candy sticks. These draft rules would be made available, inviting suggestions from the public for a period of sixty days, which would be considered by the central government. Subsequently, after seeking suggestions, these rules would get published in the official Gazette.
The above-mentioned rules would be named the Plastic waste management (Amendment) Rules 2021. They would come into effect in parallel to the publication date as given in the official gazette of India.
In a nutshell, it can be concluded that plastic material, without an iota of doubt, is no less than a miraculous invention. Plastic has created its own niche and is seen to be used in almost every sector.
The main concern revolving around plastic as a commodity regards its management. There is a requirement of ample knowledge not only by the manufacturers of the plastic but also by the consumers and the recyclers. Once this is achieved then it would not invite any hassle in managing the plastic effectively.
All the stakeholders like the producers, brand owners, recyclers, and the related authorities that work to regulate must prioritize the minimization of the use of plastic commodities.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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