The Plastic ( Manufacture, Usage And Waste Management) Rules, 2011

New Delhi, the 4th Frbruary, 20; i S.0. 249(E).- -Whereas the drat? rules, nernely, the P:asti.cs jb{!,innt:ijcti.::, l J s u ~ 22.3 Waste Management) Rules? 2009 were published by tiit Government c;f india iz the Ministry of Environnrent and Forests vide number C.!:. 2iiOO!E). dated the ! 7"' S.pt::c:~ber, 2009 in thz Gazette of !ndia, Extraordinaiy of ihr sari:? cia:;; ir!viiirg ,ck{xtionc zii? suggestions tiom all persons likely to be affecred rhereby. 3eioi.z .ilc r::pir.y u i 2 peril>.! oi" sixty days from the date on which copies of thc Gazette containing the said notification were made available to the public; AND WHEREAS copies of the said Gazette were made a#ai!abie to t'ic piiblic or? the 1 :Ih day of September, 2009; AND WHEREAS the objedions a;?:! s~uz~;~;iolr: j.y:~:i';:d yit!:in tk 5:ijf pericd from the public in respect of ;hi: said draft rules have becn :isiy :o.xic',cred by !hc C.jntral Government. NOW, 'rHEREFORE, in exercise o i tne powers confe:reci by seciions 3, 6, and 21; uf the Environment (Protection) Act, 1985 (29 of 1986), and in supersession of the P,ecyc!:d Plastics Manufacture and Usage Rules, 1999, except as respects things done cr omitted to be done before such supersession, the Centrq! Gover!:tn.ent hereby ma!tes the foliowing Rules, namely: 4 . Short titie and commemcernerll , ( I ) These rules may be called the Plastic 'Naste jivlanagernent arid Flanriiing) Rules, 201 I . (2) They shall come into force on the date orthe,: publication in ihz: Cfficial Gazc~i 'The provisions or' ruies 5 and 3 shaii nni appi;~ c.3 chi ;<,e;;i:>:,::i~re u" ~ x i y 522s exclr~sjvely for expoi?-purposes. by e:ijol.- orient& mnr;uEactuiing units, zLyr:ln;: a;i order for export received by the o w n u or o~:upic; of the -3;:c::ra-d manufx:i?riri:i IJ-it. 'This exemption does not appl:' any 'suvi!is or !.ei+cis, 2 .' '. iei; c>e: ;rid ihe iilcc. I8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART [I-SEC. 3(ii)] 3. Definitions.- In these rules, unless the context otherwise requires . (a) ''Act'' means the Environment (Protection) Act, 1986 (29 of 1986); (b) "Carry bags" mean all plastic bags used to carry commodities, including self carrying features; (c) "Commodities" mean articles; including but not limited to vegetables, fruits, pharmaceuticals, food grains and the like; (d) "Compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield C 9 , water, inorganic compounds and biomass at a rate consistent with other known compostable materials and does not leave visible, distinguishable or toxic residue; (e) "Consent" means the consent to establish and operate from the concerned State Pollution Control Board or Pollution Control Committee granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 198 1 (1 4 of 198 1); (0 "Disintegration" means the physical breakdown of a material into very small fragments; (g) "Extended producer's responsibility (EPR)" means the responsibility of a producer or manufacturer of plastic carry bags and multilayered plastic pouches or packages for the environmentally sound management of the product until the end of its life. This responsibility also applies to all manufactures using such packaging; (h) 'LFood-stuffs" meanready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form; (i) "Manufacturer" means any producer who manufactures plastic carry bags, multilayered packaging, pouches and the like or uses such materials in packaging of a product; ' fi) "Municipal authority" means Municipal Corporation, Municipality, Nagar Palika, Nagar Nigam, Nagar Panchayat, Municipal Council including notified area committee (NAC) or any other local body constituted under the relevant statutes and, where the management and handling of municipal solid waste is entrusted to such agency; (k) ",Multilayered plastics" mean any material having a combination of more than one layer of packaging material such as paper, paper board, polymeric materials, metalised layers or aluminium foil, either in the form of a laminate or co-extruded structure; (I) "Plastic" means material which contains as an essential ingredient a high polymer, and which at some stage in its processing into finished products can be shaped by flow; (m)"Plastic waste" means any plastic product such as carry bags, pouches or multilayered packaging, which have been discarded after use or after their intended life is over; (n) "Registration" means registration of units manufacturing or recycling carp bags made of virgin or recycled plastics with the concerned State Pollution Control Board or Pollution Control Committee, as the case may be; (0) "Virgin plastic" means plastic material which has not been subjected to use earlier and has also not been blended with scrap or waste; (p) "Waste management" means the scientific reduction, re-use, recovery, recycling, composting or disposal of plastic waste; (9) "Waste pickers" m e E individuals or groups of individuals engaged in the collection of plastic waste. 4. Prescribed Authority.. The prescribed Authority means the Authority (a) for enforcement of the provisions of these rules related to authorization, manufacture, recycling and disposal shall be State Pollution Control Board and Pollution Control Committee in respect of Union territory; . 20 THE GAZETTE OF INDIA. EXTRAORDINARY [['ART 11-SEC. :(ii)l (b) for enforcement of the provisions of these rules relating to the use, colleition, segregation, transportation and disposal of post consumer plastic waste shall be the concerned municipal authority. 5. Conditions.- During the course of manufacture, stocking, distribution, sale and use of carry bags and sachets, the following conditions shall be fulfilled, namely: (a) carry bags shall either be white or made using only those pigments and colourants which are in conformity with Indian Standard : IS 9833:1981 titled as List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water, as ameflded from time to time; (b) no person shall use carry bags made of recycled plastics or compostable plastics for storing, carrying, dispensing or packaging food stuffs; (c) no person shall manufacture, stock, distribute or sell any carry bag made of virgin or recycled or compostable plastic, which is less than 40 microns in thickness; (d) sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala; (e) recycled carry bags shall conform to the lndian Standard: IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time; (0 carry bags made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2008 titled as Specifications for Compostable Plastics, as amended from time to time. 6. Plastic Waste Management. The plastic waste management shall be as under: (a) recycling, recovery or disposal of plastic waste shall be carried out as per the rules, regulations and standards stipulated by the Central Government from time to time: (b) recycling of plaSifcs shall be carried out in accordance with the Indian Standard : IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time; (c) the municipal authority shall be responsible for setting up: operationalisation and co-ordination of the waste management system and for performing the associated functions, namely:- ( i ) to ensure safe collection, storage, segregation, transportation, processing and disposal of plastic waste; (ii) to ensure that no damage is caused to [Sm 11-TFS 3(ii)l omaTr i r : :m 21 the environment during this process; (iii) to ensure setting up of collection centres for plastic waste involving manufacturers; (iv) to ensure its channelisation to recyclers; (v) to create awareness among all stakeholders about their responsibilities; (vi) to engage agencies or groups working in waste management including waste pickers, and (vii) to ensure that open burning of plastic waste is not permitted; (d) for setting up plastic waste collection centres, the municipal authority may ask the manufacturers, either collectively or individually in 1ir.e with the principle of Extended Producer's Responsibility (EPR) to provide the required finance to establish such collection centre; . (e) recyclers shall ensure that recycling facilities are in accordance with the Indian Standard: IS 14534:1948 titled as Guidelines for Recycling of Plastics and in compliance with the rules under the ~nvironment (Protection) Act, 1986, as amended from time to time; \ ( f ) the concerned municipal authority shall ensure that the residues generated from recycling processes are disposed of in compliance with Schedule I1 (Management of Municipal Solid Wastes) and Schedule 111 (Specifications for Landfill Sites) of the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Environment (Protection) Act, 1986, as amended from time to time; (g) the municipal authority shall incorporate the said rules in the Municipal bye laws of all the Urban Local Bodies; (h) the municipal authority shall encourage the use of plastic waste by adopting suitable technology such as in road construction, co-incineration etc. The municipal authority or the operator intending to use such technology shall ensure the compliance with the prescribed standards including pollution norms prescribed by the competent authority in this regard. 7. Protocols for Compostable Plastic Materials. - Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the lndiaatandards listed in the Annexure to these rules. 8. Marking or Labelling. (a) each plastic carry bag and multilayered packaging shall have the following information printed in English or in local language, namely: (i) name, registration number of the manufacturer and thickness in case of carry bag; 22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11-SEC. 3(ii)] (ii) name and registration number of the manufacturer in case of multilayered packaging. (b) each recycled cany bag shall bear a label or a mark "recycled" as shown below and shall conform to the Indian Standard: IS 14534: 1998 titled as Guidelines for Recycling of Plastics, as amended from time to time; NOTE: PET-Polyethylene terephthalate, HDPE-High density polyethylene, V-Vinyl (PVC), LDPE- Low density polyethylene, PP-Polypropylene, PS-Polystyrene and Other means all other resins and multi-materials like ABS (Acrylonitrile butadiene styrene), PPO (Polyphenylene oxide), PC (Polycarbonate), PBT (Polybutylene terephalate) etc. (c) each carry bag made from compostable plastics shall bear a label "compostable" and shall conform to the Indian Standard : ISAS0 17088:2008 titled as Specifications for Compostable Plastics; (d) retailers shall ensure that plastic carry bags and multilayered packaging sold by them are properly labelled, as per stipulations under these rules. 9. Registration of Manufacturers and Recyclers.- (a) any person manufacturing or proposing to manufacture carry bags and multilayered plastics shall apply to the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) of the llnion territory concerned for the grant of registration or for the renewal of registration for the manufacturing unit using Form 1 appended to these rules; (b) any person recycling or proposing to recycle carry bags or multilayered plastics or any plastic waste shall apply to the SPCB or PCC for grant of registration or renewal of registration for the recycling unit using Form 2 appended to these rules; (c) no person*sha!l manufacture carry bags or recycle plastic bags or multilayered plastics unless without obtaining the registration certificate from the SPCB or PCC, as the case may be, prior to the commencement of production; (d) the SPCB and PCC shall not issue or renew a registration for manufacturing or recycling units unless the unit possesses a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and certificate of registration issued by the District Industries Centre or any other government agency authorised in this regard; (e) every State Pollution Control Board or Pollution Control Committee shall take a decision on the grant of registration within ninety days of receipt of an application that is complete in all respects; (f) the registration granted under this rule shall be valid for a period of three years, unless revoked, suspenaed or cancelled; and registration shall not be revoked, suspended or cancelled without providing the manufacturer an opportun;ty for a hearing; (g) every application for renewal of registration shall be made at least ninety days before the expiry of the validity of the registration certificate. 10. Explicit pricing of carry bags. No carry bags shall be made available free of cost by retailers to consumers. The concerned municipal authority may by notification determine the minimum price for carry bags depending upon their quality and size which covers their material and waste management costs in order to encourage their re-use so as to minimize plastic waste generation. 11. State Level Advisory Body. (1) There shall be a State Level Advisory Body to monitor the implementation of these Rules. (2) The State Level ay isory Body shall consist ofthe following persons, namely:. (a) the Secretary, Department of Urban Development - Chairman (b) one expert from State Department of Environment - Member (c) one expert from State Pollution Control Board or Pollution Control Committee - Member (d) one expert from Urban Local Body - Member (e) one expert from Non-Governmental Organisation - Member (f) one expert from the tield of Industry - Member and (g) one expert from the tield of academic institution - Member (3) The State Level Advisory Body shall meet at least once in a year and may invite experts, if it considers necessary. 24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11-SF(:. 3(ii)l 12. Annual Reports. (I) each State Pollution Control Board or Pollution Control Committee shall prepare and submit the annual report to the Central Pollution Control Board on the implementation of these rules by the 3 0 ~ day of September of each year; (2) the Central Pollution Control Board shall prepare a consolidated annual report on the use and management of plastic waste and forward it to the central government along with its recommendations before the 3oth day of December each year. [F. NO. 17-212001-IISMDJ RAJIV (iA1JUA. Jt. Secy. AMEXURE \ [See rule 71 1. 2.. 3. 4. 5. 6. ISASO 1485 1: 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by measuring the oxygen demand in a closed Respirometer ISASO 14852: 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide ISIISO 14853: 2005 Plastics- Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method by measurement of biogas production ISASO 14855-1: 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-Method by analysis of evolved carbon dioxide (Part-l General method) ISASO 14855-2: 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-Method by analysis of evolved carbon dioxide (Part-2: Gravimetric measurement of carbon dioxide evolved in a laboratory- scale test ) ISIISO 15985: 2004 Plastics- Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions- Methods by analysis of released biogas I I the amount of carbon dioxide evolved I 7. I ISAS0 16929: 2002 Plastics- Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot - scale test 8. ISASO 17556: 2003 Plastics- Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or 9. IS/IS0.20200:2004 Plastics- Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory - scde test FORM - I (See rules 91 APPLICATION FOR REGISTRATION OF A UNIT FOR THE MANUFACTURE OF PLASTIC CARRY BAGS AND MULTILAYERED PLASTICS From: ......................................... ............................... ...(N ame and full address of the accupier) To The Member Secretary, , ....................... Pollution Control BoardiPollution Control Committee Sir, I/We hereby apply for registration under rule 9 of the Plastic Waste (Management and Handling) Rules, 201 1 GENERAL (ii) Multilayered plastics 26 THE GAZETTE OF INDIA : EXTRAORDINARY PART 11-SEC. 3(ii)l 6. I Minimum sizes and thickness of carry bags to be I I I manufactured 7. 1 Status of compliance with these rules PART - B PERTAINING TO LIQUID EFFLUENT AND GASEOUS 8. I (a) Does the unit have a valid consent under the I Water (Prevention and control of Pollution) 1 Act, 1974 (6 of 1974)? I If yes, attach a copy I (6) Does the unit have a valid consent under the ( I Air (Prevention a ~ d Control of Pollution) Act, 1981 (14 of 1981)? I (c) Provision made for disoosal of wastes I I If yes, attach a copy PART - C PERTAINING TO WASTE FORM - 2 [see rule 91 9. APPLICATION FORM FOR REGISTRATION O F FACILITIES POSSESSING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES FOR RECYCLING PLASTIC WASTE Solid Wastes: (a) Total quantum of waste generated (b) Mode of storage within the plant ( 1. I Name and Address of the I 1 I unit I I 2. 1 Contact person with I 3. Date Commissioned [pn 11-WJZ 3(11)1 o T m s R V i W : 3 r m ~ 27 .- - 1 4. 1 No. of workers (including ( 1 I contract labour) I 1 I I I Valid up to I b. Air (Prevention &Control of Pollution) Act, 1981; Valid up to I I 6. 1 Authorization validity 7. I I capacity of production I 1 I I I I (MTA) 9. 1 Products manufactured I Year 1 Product / Quantity Manufacturing Process 8. 1 Products and installed 1 Products I I during the last three years I I I 1 Please attach a flow diagram of the manufacturing process flow diagram for each product. Installed capacity I I cess has been paid (ifapplicable) 10. I I . (as applicable) Raw material consumed during the last three years (as applicable) Water consumption Waste water generation as per consent m3/day diagram of the t r g m e n t scheme) Actual waste water generated (average of last 3 months) Industrial m3 /day I Year ( Domestic m3 /day Waste water treatment (provide flow 1 Industrial Comestic Quantity mJ/day I Location Analysis of treated waste water for pH, BOD, COD, SS, O&G, any other parameter stipulated by SPCBIPCC (attach details) Industrial m3/day Domestic m3 / day Product 12. Quantity Air Pollution Control a. Provide a flow diagram for emission control system(s) installed for each processing unit, utilities etc. l I i 1 . 400CnI/ll - 5 28 THE GAZETTE OF N D I A EXTRAORDINARY [PART 11-SFC ~ ( I I ) ( b. Details for facilities provided for control of fugitive emissions due to c. Fuel consumption 1 Qty per daylmonth NOx , etc.) mg/Nm3 (i) d. Stack emission monitoring I I I (ii) ( 9 (ii) Stack attached to e. Ambient air quality Emission (SPM, SOz, Location Results l@m3 (i) 13. Parameters SPM, SOz, NOX, etc.) vg/m3 d. Provide details of the disposal facility, whether the facility is authorized by SPCB/SPCC e. Please attach analysis report of characterization of waste generated raw material 15. 1 Occupational safety and health aspects 1 Please provide details of facilities Waste Management: a. Waste generation in processing plastic-waste b. Waste Collection and transportation (attach details) c. Waste Disposal details I I I 14. I Whether the unit has adequate pollution if Yes, please furnish details control systems I equipment to meet the (including leachate test if applicable) Details of plastic waste proposed to be acquired through sale, auction, contract or import, as the case may be. for use as S No (i) (i i) (iii) (i) Name I (ii) Quantity required /year 1 ~ ~ I standards of emission I effluent. TY pe Category 1 Qty. QtY S No (i) (ii) TY pe Category 1 I Whether unit is in compliance with 1 YesMo f conditions laid down in the said rules. Whether conditions exist or are likely to exist of the material being handled / i to exist) of the material being handled / processed by any means capable of yielding another material (e.g. leachate) YesMo prokessed posing adverse immediate or delayed impacts on the environment. Whether conditions exist (or are likely I which may possess eco-toxicity: 17. 1 Any other relevant information YesNo I IS. ( List of enclosures as per rule I Date : Place : Name and Signature Designation Prinled by llle Manager. Government of India Press. Ring Road. Mayapori. N e u Dclhi-I 1VOh.l alld Fuhlished by the Controller of Poblicatia~ls. I le l l~ i - l 10054.