Draft Notification for EPR Implementation- Penalties (Part-6)

The Ministry of Environment, Forests, and Climate Change (MoEFCC) has introduced a draft EPR notification on the 6th of October. This notification is a step further in regulating the management of plastic waste in India and bringing more clarity with respect to the implementation of Extended Producer Responsibility.

In this article, we will understand the following things:

1. Reasons for Imposing Penalties
2. Obligated Entities
3. Role of Enforcement Agencies
4. Collection and Use of Environmental Compensation.

Reasons for Imposing Penalties.

1. Carrying out business without registration under PWM Rules 2016.
2. Providing false information/willful concealment of material facts.
3. Submission of forged/manipulated documents.
4. Default of fulfillment of EPR obligation.

Obligated Entities

1. Producers
2. Importers
3. Brand Owners
4. Recyclers and end of life processors

Role of Enforcement Agencies:

1. Role of CPCB

• Laying out of guidelines for environmental compensation
• Imposing of penalties entities that are present in more than two states
• Issuing directions to SPCB/PCC

2. Role of SPCB/PCC

• Imposing of penalties entities that are operating in their jurisdiction

Collection and Use of Environmental Compensation

• The defaulting PIBOs need to pay the environmental compensation.
• However, this doesn’t mean that the obligations need not be fulfilled. The unfulfilled obligations will be carried forward to the next year for three years.
• When these obligations are fulfilled in the subsequent years, the compensation shall be returned to the PIBOs as follows:

1. 75% return: When the obligations are fulfilled within 1 year
2. 60% return: when the obligations are fulfilled within 2 years
3. 40% return: when the obligations are fulfilled within 3 years
4. 100% return: After completion of 3 years

• The funds collected under this will be kept in a separate escrow account. Detailed guidelines for utilization of these funds shall be recommended by Committee for EPR Implementation.

This is a draft notification, and comments on this can be submitted to satyendra.kumar07@nic.in and amit.love@nic.in before 6th December 2021.

Contributed by- Shailesh Shinde, Director at Social Lab

Social Lab Environmental Solutions is a waste management company, which helps brands take back and scientifically dispose of post-consumer plastic waste of their products. Brands take our services to fulfill Extended Producer Responsibility (EPR) obligation under Plastic Waste Management Rules, 2018.

Our Social Media

LinkedIn- https://tinyurl.com/4s3qsav4

Instagram- https://tinyurl.com/cai697bb

Facebook- https://tinyurl.com/uwsrxfcr

Twitter- https://tinyurl.com/kqse5yk1

Pinterest- https://tinyurl.com/nu3w9uv9