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

March 11, 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 Food and Beverages 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 Food and Beverages Companies:

  1. M/s Bisleri International Pvt Ltd
  2. M/s Pepsico India Holdings Pvt Ltd
  3. M/s NourishCo Beverages Limited
  4. M/s Hindustan Coca Cola Beverages Pvt Ltd
  5. M/s Patanjali Peya 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

CPCB- Compliances by Important Persons

PMW RULES, 2016[2] PMW RULES (as amended in 2018)[3]
·         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) – 

  • 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 Proposed Directions
1. M/s Bisleri International Pvt Ltd [5] No submission of endorsed documents either from SPCB  or ULB for collection of 21, 500 Tons of Plastic Waste

There was no reference made to EPR plan

·         Environmental Compensation of INR 10, 75,00, 000

·         Fulfilment of EPR

 

2. M/s Pepsico India Holding Pvt Ltd[6] 1.      QPR did not provide evidence based assessment of implementation of Action Plan

2.      Failure of the fulfillment of EPR

3.      The documents are not endorsed by ULB/PCC for collection and channelization of waste.

·         Environmental Compensation  of INR 8,97,00,000

·         Fulfilment of EPR

3. M/s Nourish Co Beverages Ltd[7] QPR not endorsed by ULBs/ PCC for collection and channelization of plastic waste ·         Environmental Compensation  of INR 85,92,200

·         Fulfilment of EPR

4. M/s Hindustan Coca Cola Beverages Pvt Ltd[8] 1.      Non- Fulfillment of EPR liability

 

·         Environmental Compensation  of INR 50,66,31,100

·         Fulfilment of EPR

5. M/s Patanjali Peya Pvt Ltd[9] Rule 9 (1) ,9(2), 13(1), and 13(2) ·         Environmental Compensation of INR 1,00,00,000

·         Fulfilment of EPR

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 the 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 the 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 sustainable well-being.

[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=UHVibGljYXRpb25GaWxlLzM5NjlfMTYxMjc4Mjc4MF9tZWRpYXBob3RvMTQyNi5wZGY=

[6]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NzBfMTYxMjc4MjgyMl9tZWRpYXBob3RvMTYwMTIucGRm

[7]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NzJfMTYxMjc4MjkwMF9tZWRpYXBob3RvMzE3NTgucGRm

[8]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NzNfMTYxMjc4MjkzOV9tZWRpYXBob3RvMjM2Ni5wZGY=

[9]https://cpcb.nic.in/openpdffile.php?id=UHVibGljYXRpb25GaWxlLzM5NzRfMTYxMjc4Mjk3MV9tZWRpYXBob3RvMjg2ODYucGRm

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