Central Pollution Control Board Revises Guidelines under Plastic Waste Management Rules
Plastic Waste Management Rules and Compliance Guidelines
The Ministry of Environment, Forests and Climate Change (MoEF&CC) introduced the Plastic Waste Management Rules in 2011 and revamped them in 2016 to strengthen plastic waste compliance in India. Since then, MoEF&CC has issued four amendments to these Rules, notified on August 12, 2021; September 17, 2021; February 16, 2022; and July 6, 2022.
NGT Directive on Environmental Compensation and CPCB Action
On January 8, 2021, the National Green Tribunal (NGT) directed strict implementation of environmental compensation CPCB guidelines for violations of the Plastic Waste Management Rules. The CPCB, State PCBs, and Pollution Control Committees were instructed to monitor compliance and impose penalties under the framework. In response, CPCB issued detailed “Guidelines for Assessment of Environmental Compensation for Violations of Plastic Waste Management Rules, 2016.”
Updated CPCB Guidelines on Plastic Waste Management Rules Compliance
In August 2024, CPCB revised the “Guidelines for Assessment of Environment Compensation to be levied for Violation of Plastic Waste Management Rules, 2016” by incorporating the following key changes:
1. Manufacturing-Related Violations
| Provision | Violation | Environmental Compensation |
|---|---|---|
| 4 (c) & 4(j) | Manufacturing bags not meeting specifications |
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| 4 (h) | Certificate not obtained |
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| 4 (h) | Non-compliance with CPCB certificate |
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| 6 (4) | Local body not framing bye-laws |
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2. EPR / Registration-Related Violations
| Provision | Violation | Environmental Compensation |
|---|---|---|
| 9.1 | Shortfall in EPR target (Recycling / End of Life / Reuse) |
|
| 10.1 & 11.4 | Non-registration on centralized portal |
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| 10 (5) | No provisional certificate for biodegradable plastics |
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| 12.4, 13.1 & 11.6 | Misreporting plastic procured / EPR certificate |
|
3. Annual Returns & Reporting
| Provision | Violation | Environmental Compensation |
|---|---|---|
| 11.2 | Non-submission / incomplete Annual Returns (due Apr 30) |
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| 17 (1) | Non-submission / incomplete Annual Report (Form-IV, Apr 30) |
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| 17 (2) | Non-submission / incomplete Annual Report (Form-V, Jun 30) |
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| 17 (3) | Non-submission / incomplete Annual Report (Form-VI, Jul 31) |
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Relevant Legal Provisions under EPA 1986 and Jan Vishwas Act 2023
Section 15 of Environment (Protection) Act, 1986
*Penalty for contravention of the provisions of the Act and the rules, orders and directions.
- Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than INR 10,000 but which may extend to INR 15,00,000.
- Where any person continues contravention under Sub-Section (1), he shall be liable to an additional penalty of INR 10,000 for every day, during which, such contravention continues.
Section 15 of Jan Vishwas (Amendment of Provisions) Act, 2023
**Penalty for contravention of provisions of Act, rules, orders and directions.
- Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than INR 10,000 but which may extend to INR 15,00,000.
- Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of INR 10,000 for every day, during which, such contravention continues.
Accessing CPCB Guidelines for Plastic Waste Management Rules
The revised CPCB guidelines on environmental compensation were published in August 2024. Official details can be accessed through the CPCB portal guidelines PDF.
