TaxTMI 
TaxTMI 
2021 (1) TMI 1306
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....sued notice to 71 respondents in the application and heard the matter but found that the States/UTs were neither complying with the rules nor had any legal objection to do so. They were merely failing in performing their duty. The Tribunal directed all the States/UTs to take steps in accordance with PWM Rules. 3. It is well known that unscientific management of plastic waste is a serious hazard for the environment and public health 4. Directions for enforcement of the PWM Rules have also been issued by the Hon'ble Supreme Court inter alia in Karuna Society for Animals and Nature v. UOI, (2015) 2 SCC 355 and (2016) 14 SCC 303. In the second matter, directions of the Hon'ble Supreme Court are as follows: "2. This petition is filed by the Karuna Society for Animals & Nature & Ors. seeking for issuance of the appropriate directions under Section 5 of the Environment (Protection) Act, 1986, prohibiting the use, sale and disposal of plastic bags in all municipalities and municipal corporations, in the country inter alia, with following prayers : 1.) the Respondent No. 1 to issue appropriate directions under Section 5 of the Environment (Protection) Act, 1986 prohi....
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....ments to consider the prayers in the petitions and take all necessary steps in the matter in accordance with law by constituting committees consisting of competent persons who have got sufficient knowledge on the subject matter. The Central Government may also set up an appropriate monitoring mechanism in the matter. In our considered view the respective regional National Green Tribunal benches can monitor and regulate the cases by passing/giving orders or directions to all the concerned statutory authorities and local self governments in the country for discharge of their constitutional and statutory duties. 5. With the aforesaid directions & observations, the prayers extracted above are allowed to the above extent and the Writ Petitions are disposed of. 6. The petitioners are at liberty to give their suggestions to the concerned authorities and approach concerned statutory authorities/Tribunal in case of violation of statutory provisions in accordance with law." 5. The CPCB issued directions on 30.06.2016 to implement the thickness norms for carry bags, constitution of squads for vigilance, preventing littering of plastic waste in public, submission....
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.... owner will be decided based on the amount of plastic being introduced into the market by the producers/importer/brand owner. Normative cost based on the cost of recycling may be adopted. • The collected fiends shall be utilized for creation of infrastructure for the management of plastic waste in Smaller municipalities. • There is a need to build the capacities of the ULB in terms of infrastructure development and their expertise so that the waste management can happen systematically under the EPR mechanism. • Secondly, an important factor which is indirectly contributing to the cleanliness of the city are the rag pickers/assemblers/recyclers. They are anyway contributing to the mechanism of EPR without any benefit. This fraction of the stakeholders shall be supported for the better management of the waste under the mechanism of EPR under this model. • Thirdly the component of Information, Education and Communication (IEC) activity shall be supported through the component of EPR to achieve an effective waste segregation, collection, transportation and recycling. Model 2 - PRO based model and Plastic Credit Model ....
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....y give its report for compensation regime in terms of para 13 above. c) The States/UTs may finalize the time targeted action plans and give information about the implementation status to the CPCB as per recommendations in the report of the CPCB summarized in para 9 above. d) An institutional mechanism be established to ensure that: i. No unregistered plastic manufacturing/recycling units is in operation and no unit is running in nonconforming/ residential areas. ii. No plastic carry bags /films <50 microns thickness should be manufactured, stocked, sold and used in cities/towns. iii. Thermocol/polystyrene cups, plates, etc. used extensively and haphazardly littered are properly regulated. iv. Special Environment Squads may be set up for enforcement to oversee and ensure that no litter of plastic waste takes place at historical, religious, public places and dumping of plastic waste on drains, river, banks and sea and no burning of plastic takes place in open. v. The States/UTs may submit their compliance reports to CPCB quarterly in a cumulative format, failing which compensation of Rs. 1 lakh per quarter shall be levied....
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.... under the purview of legal framework as per provision of PWM Rules ix. Most states & UTs have imposed restriction on manufacture and usage of plastic bags. Similar restrictions should be imposed on manufacture and usage of plastic sheets x. Time targeted action plan for efficient channelization and utilization of plastic waste addressing the cells marked as "GAPS" in annexure III as identified for the individual state to be framed and implemented in the States & UTs." 9. The matter was considered on 10.09.2020 with the reference to the directions in the order dated 16.12.2019 as follows: - "1 to 5.xxx..............................xxx.......................................xxx 6. We may review the status of compliance of directions in the order of this Tribunal dated 16.12.2019, already quoted above. With regard to direction (a), it is submitted that the MoEF&CC is yet to finalize its policy though the CPCB has already given its report on the subject to the MoEF&CC. None appears for the MoEF&CC. Even in O.A. No. 15/2014 listed today, involving overlapping issues, no one appeared for the MoEF&CC which shows that the MoEF&CC is ignoring even most....
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....nce of directions on 09.10.2020 for setting up institutional mechanism for enforcement of the PWM Rules, 2016 including:- "(i) Issuing of public notice for identification of the following: • Unregistered units • Plastic Units operational in non-confirming areas • Units manufacturing carrybags less than 50 micron thickness (ii) Creation of public grievance cell for registration and resolution of complaints (iii) Identification of institutions (State UD, Police, DM office, RWA, Industrial Associations, Industrial Development Corporations, Market Associations etc.) which will be involved in enforcement of the action plan (iv) Training of workers in these institutions (v) Launching Awareness Program for the public (vi) Identification of locations ( parks, Religious places etc.) where littering is a common problem (vii) Creation of surveillance squad to prevent littering in such locations (viii)Taking punitive actions against defaulting units as per (i) above (ix) Specification of user fee for waste generator & Imposition of Spot fines for littering in the bye-laws of the local....
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.... Information provided by 5 States/UTs. Assam, Delhi, Goa, Odisha, Uttar Pradesh Total Quantity of Waste generated is 2273.68 TPD 2(a) Number of registered plastic manufacturing units Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, 176 2(b) Capacity of registered plastic manufacturing units (TPD) Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa 3237.54 TPD 3(a) Total No of ULBs in 20 States/ UTs Information provided by 4 States/UTs. Assam ,Delhi, Odisha, Uttar Pradesh Information not provided by States: Goa, 866 3(b) No. of ULBs which have set-up of plastic waste management system as per Rule 6(2)? (including collection, segregation, channelization & processing of plastic waste) Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, 675 3(c) ULBs having facilities for collection of segregated waste Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2 States: Assam, Goa, 672 3(d) ....
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....plastic waste recyclers are in Delhi 6(b) Capacity of recycler (TPD) Information provided by 3 States/UTs. Delhi, Uttar Pradesh Odisha, Information not provided by 2 States: Assam, Goa 1176 TPD Maximum Capacity of registered plastic waste recyclers is in Uttar Pradesh 7 Status of utilization of plastic waste (Annual Report form VI pt. 4 7(a) Quantity of Plastic waste utilized in recycling (TPD Information provided by 5 States/UTs. Delhi, Uttar Pradesh, Odisha, Total: 1100.47 TPD 7(b) Quantity of plastic waste utilized in recycling Road Construction Information provided by 3 States/UTs. Delhi, Uttar Pradesh, Odisha, Information not provided by 2 States: Goa , Assam, In U.P. 100 tons Plastic Waste used for Road construction in Kanpur, Meerut and Jhansi. - 4 6 TPA of Plastic waste used in Odisha. 7(c) Quantity of waste Coprocessed in Plastic Waste in Cement kilns Information provided by 3 States/UTs. Delhi, Uttar Pradesh, Odisha, Information not provided by 2 States: Goa Assam, 150 TPD of plastic waste is being used in Odisha. 7(d) Quantity of waste utilized in production of RDF Information provided by ....
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....s been imposed? (Annual Report format pt. 3) Information provided by 4 States/UTs: Delhi, Odisha, Goa, Assam, Information not provided by 1 States: Uttar Pradesh Banned in 3 States/UTs banned. However, in Goa there is no complete ban on carry bags imposed in ULBs jurisdiction. 13 Status of action taken on non-compliance of PWM Rules (Annual Report format pt.9) Information provided by 2 States/UTs: Delhi, Odisha, Information not provided by 3 States: Uttar Pradesh, Goa, Assam Action have been taken at different levels in different States /UT as specified in the individual State/UT report 14 Status of marking & labelling on plastic carry bags & multi layered packaging. (Rule 1) Information provided by 2 States/UTs: Delhi, Odisha, Information not provided by 3 States: Uttar Pradesh, Goa, Assam Compliance status indicated in the individual State/UT report. 15 Whether State Level Advisory Committee is constituted or not? [Rule 16] If yes, details of number of meetings conducted in a year and implementation of suggestions of committee in the last 2 years Information provided by 3 States/UTs. Delhi, Odisha, Uttar Pradesh Information not provided by 2....
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....ation on the matter. 13. Report of the CPCB dated 05.01.2021 gives the EC regime and penal action as follows:- 2.0 Provisions of Plastic Waste Management Rules: Environmental Compensation is to be levied for the non-compliance of the following provisions of the PWM Rules, in which frequent noncompliance is observed is given in Table 1.0 Table 1: Provision of PWM Rules for which EC is to be levied Rule Provisions Carry bag made of virgin or recycled plastic, shall not be less than fifty microns in thickness; 'Plastic sheet or like, which is not an integral part of multi-layered packaging and cover made of plastic sheet used for packaging, wrapping the commodity shall not be less than fifty microns in thickness except where the thickness of such plastic sheets impair the functionality of the product 4(e) The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee 4(f) Sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pa....
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....erritories"; or ii. "The Central Pollution Control Board, if operating in more than two States or Union Territories". 13(3) 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 13(4) 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 14(1) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheet or multi-layered packaging, which are not manufactured and labelled or marked, as per prescribed under these rules Assessment of Environmental Compensation to be levied for violation of the remaining sections of the PWM Rules shall be done on case to case basis 3.0 Approach for Assessment of Environment compensation Assessment of E....
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....against violators (industries, waste generators, municipal corporations, etc. ) of PWM Rules 2016. Four states/UT had responded to CPCB's action and the overview of penal action taken for violation of PWM Rules is given in Table 2 (c) Section 15 (1) , EPA 1986: Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (d) Section 5, EPA 1986: POWER TO GIVE DIRECTIONS.- Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person....
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....1986 4 (d) Plastic sheet or like, which is not an integral part of multi- layered packaging and cover made of plastic sheet used for packaging, Producer Manufacturing she ets not meeting specifications (i) Seizure of manufactured products & closure of Unit (ii) EC to be levied @ Rs.5000/- per ton of plastic used in packaging of tobacco products from the date of inception of the unit or date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ Rs.10000/-per ton for 2nd violation and @ Rs.20000/- per ton for 3rd violation) (iii) Penalty as per Section 15(1) of the EPA, 1986 4(f) & 4(i) (f) Sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala; (i) Plastic material, in any form including Vinyl Acetate-Maleic AcidVinyl Chloride Copolymer, shall not be used in any package for packaging gutkha, pan masala and tobacco in all forms. Producer Using plastic material for packaging (i) Seizure of manufactured products & Closure of Unit (ii) EC to be levied @ Rs.5000/- per ton of plastic bags manufactured from the date of inception of the unit or date of notification of PWM Rul....
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....d segregate plastic waste at source Waste generator Waste not segregated (i) Waste generator: Spot fine- Rs. 500/- (I violation); Rs. 1000/-(II violation); Rs. 2,000/- (III violation and thereafter). (ii) Institutional Waste Generator: Spot fine- Rs. 5,000/- (I violation); Rs. 10,000/-(II violation); Rs. 20,000/- (III violation and thereafter). Above is minimum EC to be levied for the said violation by the Local body. Local already imposing fine to continue doing so; if the fines are more than the minimum specified fines as per details given above. (iii) Penalty as per Section 15(1) of the EPA, 1986 8(1)(b) The waste generator shall not litter the plastic waste Waste generator Waste littered (i) Waste generator: Spot fine- Rs. 500/- (I violation); Rs. 1000/-(II violation); Rs. 2,000/- (III violation and thereafter). (ii) Institutional Waste Generator Spot fine Rs. 5000/- (I violation); Rs. 10,000/- (II violation); Rs. 20,000/- (Third violation & thereafter) Above is minimum EC to be levied for the said violation by the Local body. Local already imposing fine to continue doing so. If the fines are more than the minimum specified fines as per details given bel....
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....es (March 18,2016) whichever is later (EC to be levied @ Rs. 5000/- per ton for 2nd violation and @ Rs. 10000/- per ton for 3rd violation & violation thereafter. (iii) Penalty as per Section 15 (1) of EPA, 1986 4(e) The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a produce, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee; Manufacturer Raw material sold to producers not having registration from SPCB (i) EC to be levied @ Rs. 2500/- per ton of plastic raw material sold to unregistered producers from the date of notification of PWM Rules (March 18,2016) whichever is later (EC to be levied @ Rs. 5000/- per ton for 2nd violation and @ Rs. 10000/- per ton for 3rd violation & Closure of unit thereafter) 14 (1) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheet or multi-layered packaging, which are not manufactured and labeled or marked, as per prescribed under these rules. Retailer/Street vendor Selling products in plastics bags which are not complying with provisions of PWM Rules. (i) Reta....
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....tion andFinancial Penalty Amount 1. Within one month from the stipulated time period as directed by CPCB/SPCB/PCC Original amount with interest @ 12% per annum for number of days delayed after thestipulated date of amount deposition 2. After one month but within03 months after the stipulatedtime period as directed by CPCB/SPCB/PCC Original amount with interest @ 24% per annum for number of days delayed after one month of the stipulated date of amount deposition 3. After 03 months a) Closure of unit/facility b) Seizure of trade documents c) Action as per Section 15 (1) of EPA Action, as applicable, to be taken by Local bodies for Clause 8(1)(a), 8(1)(b) and 14(1) and for the remaining clauses action has to be taken by the concerned SPCB/ PCC/ CPCB 14. The report of the MoEF&CC deals with the EPR. It mentions that Committee was constituted on 05.10.2017 to evaluate mechanism for implementation of EPR and it has held several meetings. A draft guideline document was prepared and uploaded on the website on 23.06.2020 seeking comments and inputs with following salient features. "1. The producer/importer/brand owner may adopt any one of the model dep....
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....rk without further delay. 2. With regard to the compliance of order of Hon'ble Tribunal in O.A. No. 376/2018 in RE: Jitendra Yadav vs. Union India & Ors., Environmental Compensation regime has not been finalized yet. CPCB may be directed to finalize the regime for improper Plastic Waste Management without further delay. 3. The SPCB may be directed to follow strict regulations and keep a regular check on the enforcement status for the promotion of compostable carry bags, setting-up of collection, source segregation and disposal system for plastic waste, and unregistered plastic manufacturing/ recycling units which are in operation. 4. Although CPCB has authorized four industries in the State of UP to manufacture the compostable carry bags and the industries are labelling the compostable carry bags as per Rule 11 (2). The State PCB may be directed to have regular checks on the enforcement status of the Rule. 5. An important aspect in promotion of compostable carry bags is their degree of degradability and disintegration. The SPCB may be directed to follow the protocols as per the Indian Standards listed in Schedule-I to determine such propertie....
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.... construction of houses and bricks is being exploited in Uganda. Such approaches not only reuse plastic but also saves the environment. Similar researches may also be promoted in India. 13. The studies such as "Plastic Footprinting" and "Life Cycle Assessment" may also be promoted in India. Such studies provide a clear picture of the impact of and opportunities related to plastic usage and evaluation of the inputs, outputs and potential environmental impact of a product system throughout its lifecycle. The producers/industries may be directed to undertake such approaches in future. 14. The schemes such as "Deposit refund scheme" or "Buyback depository mechanism" may be promoted in which customers will get back a deposit paid to a retailer on handling PET bottles or milk pouches back to the store. 15. The technique of conversion of plastic waste into variety of fuels such as petrol, kerosene and diesel based on Boston model may be explored and promoted in India. 16. The technique of "Plasma Pyrolysis" may be undertaken to dispose all sorts of plastic waste. The industries may be directed to install such pyrolyzers for plastic waste management. ....