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VIOLATION OF PLASTIC WASTE MANAGEMENT RULES- CPCB ISSUES SHOW CAUSE NOTICE TO TOBACCO COMPANIES

March 12, 2021

The Central Pollution Control Board (CPCB) has issued show cause notices under Section 5 of Environmental Protection Act, 1986 (hereinafter referred to as EPA) for Non-Compliance of Plastic Waste Management Rules.

Owing to non-adherence of the issued guidelines entailed in Plastic Waste Management Rules, 2016, the Central Pollution Control Board by virtue of power vested in it under Section 5 of EPA, directed a number of Tobacco Companies to show cause as to why action such as levying of proposed Environmental Compensation and/or closure of their industrial operations shall not take place. Show cause notices have been issued against the following Tobacco Companies:

  1. M/s Kothari Products Limited
  2. M/s Kamala Pasand
  3. M/S VST Industries
  4. M/s Godfrey Phillips
  5. M/s Indian Tobacco Company Pvt. Ltd

APPLICATION OF PLASTIC WASTE MANAGEMENT RULES, 2016

Important persons[1] under plastic waste management rules are:

MANUFACTURER PRODUCER
Person/ unit/ agency engaged in production of plastic raw material by the producer Persons engaged in manufacture or import of plastic bags or multilayered packaging or plastic sheets

 

Industries / individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity

WHAT NEEDS TO BE FOLLOWED BY IMPORTANT PERSONS?

PMW RULES, 2016[2] PMW RULES (as amended in 2018)[3]
·         Rule 4(f)-Sachets made of plastic material shall not be used for storing/ packing/ selling of gutkha, tobacco and pan masala

·         Rule 4(i)-Plastic material (including Vinyl Acetate – Maleic Acid – Vinyl Chloride Copolymer) shall not be used in packaging of gutkha, tobacco and pan masala.

·         Rule 9(1) – Producers (within six months of publication of rules) shall work out modalities for waste collection.

·         Rule 9 (2)- Establish a system of collection of multi-layered plastic satchet/ pouches/ packaging and submit the plan of collection to State Pollution Control Boards (SPCB)

·         Rule 13(1)- Manufacturing of carry bags/ recycling of plastic bags/ multilayered packaging only after obtaining registration from State Pollution Control Boards (SPCB) or Pollution Control Committee of the Union Territory

·         Rule 13(2)- Application to be made to SPCB for obtaining registration or Pollution Control Committee of the Union Territory

·         Rule 13(2)- Application to be made in Form 1 to-

1.      Concerned SPCB or Pollution Control Committee of the Union Territory (operations in one or more states or UTs)

2.      CPCB (operations in more than two states or UTs)

 

MANDATORY COMPLIANCES TO BE FOLLOWED BY IMPORTANT PERSONS[4]

Rule 3(2) – 

  • Collection of Multi-layered sachets/ pouches/ plastic made packaging material
  • Establish a system of collecting waste
  • Plan of Collection to be submitted to SPCB

Rule 3(6)

  • Record to details of person engaged in supply of plastic used raw materials

Rule 9.2

  • Application to SPCB (operations in one or two states) in FORM 1
  • Application to CPCB (operations in more than two states) in FORM 1

Rule 9.3 (4)

  • Application to SPCB for grant of registration/ renewal in FORM III

Rule 9.3 (5)

  • Certificate of Registration

VIOLATIONS BY THE ABOVE-MENTIONED UNITS

S. No. Industry Rule Violation Penalty (INR-Rs)
1. M/s Kothari Products Ltd[5] Rule 4(f) and Rule 4(i) ·         Environmental Compensation of INR 25,00,000

·         Submission of time bound action plan

2. Kamala Pasand [6] Rule 4(f) and Rule 4(i) ·         Environmental Compensation of INR 25,00,000

·         Submission of time bound action plan

3. M/s VST Industries

M/s Godfrey Philips

M/s Indian Tobacco Company Pvt Ltd[7]

Rule 4 (f) and Rule (i) ·         Environmental Compensation of INR 5,00,00,000

·         Submission of time bound action plan

Conclusion

Evidently, India is amidst a plastic management crisis. To tackle this issue, the authorities released certain guidelines to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste fraction either from households or any other source of its generation or intermediate material recovery facility and adopt polluter’s pay principle for the sustainability of the waste management system.

In view of plastic waste generated and resultant severe adverse impact on environment, animals and water bodies it is imperative that industries are cautious about their responsibility of handling the plastic waste generated by them. The effective implementation and enforcement of the provisions of the Plastic Waste Management Rules is imperative to protect the environment and create a sustainable well- being.

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VIOLATION OF PLASTIC WASTE MANAGEMENT RULES- CPCB ISSUES SHOW CAUSE NOTICE TO F&B COMPANIES

[1] http://www.mppcb.nic.in/proc/Plastic%20Waste%20Management%20Rules,%202016%20English.pdf

[2] http://www.mppcb.nic.in/proc/Plastic%20Waste%20Management%20Rules,%202016%20English.pdf

[3] http://egazette.nic.in/WriteReadData/2018/184349.pdf

[4] http://moef.gov.in/wp-content/uploads/2020/06/Final-Uniform-Framework-on-EPR-June2020-for-comments.pdf

[5]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NjdfMTYxMjc4MjYzOV9tZWRpYXBob3RvMjYxOS5wZGY=

[6]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NjhfMTYxMjc4MjY3NV9tZWRpYXBob3RvMjk1NTcucGRm

[7]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NzFfMTYxMjc4Mjg2N19tZWRpYXBob3RvNzYzMy5wZGY=

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