Revised Environment Compensation for Violation of Plastic Waste Management Rules

Plastic Waste Management (PWM) has emerged as a significant challenge in India, driven by rapid urbanization, industrialization, and economic growth. The burgeoning population and rising living standards have exacerbated the problem, leading to a surge in plastic waste generation. To address this issue, the Ministry of Environment, Forests, and Climate Change (MoEF&CC) introduced the Plastic Waste Management Rules in 2011, subsequently revised in 2016 to establish a robust framework for proper plastic waste management.

The Central Pollution Control Board (CPCB), in compliance with the National Green Tribunal (NGT) order, developed a regime for levying environmental compensation (EC) on entities violating the PWM Rules. This regime aims to deter non-compliance and ensure adherence to the regulations.

To further strengthen the PWM framework, the MoEF&CC introduced four amendments to the PWM Rules between August 2021 and July 2022. These amendments refined the EC regime, making it more comprehensive and effective.

According to the amended rules, the CPCB is responsible for developing guidelines for the imposition and collection of EC on producers, importers, brand owners, recyclers, and end-of-life processors. The EC is calculated based on the polluter pays principle, with higher penalties imposed on those who fail to comply with the regulations.

EC for Plastic Waste Management

The EC regime takes into account the cost incurred in managing plastic waste, which is estimated to be approximately Rs. 4000 per ton. The responsibility for developing and setting up infrastructure for plastic waste management is shared between local bodies and producers/brand owners. To ensure equitable cost-sharing, the EC is divided equally between these two entities.

To act as a deterrent, a deterrent factor of 2.5 is applied to the calculated EC, resulting in a total levy of Rs. 5000 per ton of plastic waste.

EC for Violation of Extended Producer Responsibility (EPR)

The EC factor is inversely proportional to the collection of each category of plastic packaging waste, with higher ECs imposed for lower collection rates. The EC for Cat I, Cat II & Cat III plastic packaging waste shall accordingly be Rs. 2900/-, Rs.5000/- and Rs.7900/- respectively.

Given the challenges in identifying and segregating compostable plastics, the EC for Category IV plastic packaging is considered the same as Category III, which is Rs. 7900 per ton of plastic waste.

The revised EC regime under the PWM Rules provides a comprehensive framework for addressing plastic waste management in India. By imposing appropriate penalties on violators, the regime aims to incentivize compliance and promote sustainable practices. T

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