PLASTIC WASTE MANAGEMENT AND LAWS ON WASTE DISPOSAL

INTRODUCTION:

Plastic Waste Management is a pressing concern that requires robust legal and non-regulatory interventions to mitigate its detrimental environmental and societal impacts. The rapid growth in the production and consumption of plastic products has led to significant waste generation. If not managed properly, this poses severe threats to ecosystems, wildlife, and public health. Legal frameworks governing waste disposal are essential to ensure appropriate treatment, recycling, and disposal of plastic waste.

The protection of the environment is enhanced by assigning responsibility for plastic waste management, encouraging recycling practices, and holding manufacturers accountable for the entire lifecycle of their products. Regulatory bodies enforce compliance through fines, penalties, and corrective actions in case of violations. Moreover, the implementation of Extended Producer Responsibility (EPR) schemes has shifted the burden of waste management onto manufacturers and importers. Governments and international organizations are increasingly strengthening measures to mitigate environmental degradation and promote sustainable alternatives. Effective plastic waste management laws are crucial in achieving environmental protection goals, reducing pollution, and fostering a circular economy where materials are reused and recycled rather than discarded. Legislative action, therefore, is a critical tool in addressing the escalating plastic waste crisis and ensuring public and environmental well-being.

WHAT IS PLASTIC?:

Plastics are synthetic polymer products derived through polymerization processes. These materials are extensively used due to their versatility and durability. Plastics are generally categorized into two types:

1. Recyclable Plastics (Thermoplastics): These include polyethylene terephthalate (PET), high-density polyethylene (HDPE), low-density polyethylene (LDPE), polypropylene (PP), polyvinyl chloride (PVC), and polystyrene (PS), among others.

2. Non-Recyclable Plastics (Thermosets): These include multilayered and laminated plastics, polyurethane foam (PUF), Bakelite, melamine, and epoxy resins. These materials are difficult to recycle and pose significant challenges in waste management.

PLASTIC WASTE MANAGEMENT RULES IN INDIA:

i) Stockholm Declaration:

The 1972 United Nations Conference on the Human Environment, held in Stockholm, Sweden, was the first UN conference with “environment” explicitly in the title. The Stockholm Declaration laid down the first global principles for future international cooperation on environmental issues. This landmark event led to the formation of the United Nations Environment Programme (UNEP) and was the first UN platform that encouraged civil society participation. It marked the beginning of a global movement to align economic development with environmental management, introducing the concept of sustainable development.

ii) The Recycled Plastics Manufacture and Usage Rules, 1999:

These rules were introduced by the Government of India to regulate the usage and protection standards related to recycled plastics. Key provisions include:

• Section 4: Prohibits the use of carry bags or containers made from recycled plastics for storing, carrying, dispensing, or packaging food items.

• Section 8: Mandates a minimum thickness of 20 microns for carry bags made from virgin or recycled plastics.

The rules were later amended in 2003 to incorporate further environmental safeguards.

iii) Plastic Waste Management Rules, 2011:

Notable features of these rules include:

• A ban on plastic sachets used to store, pack, or sell tobacco, gutkha, and pan masala.

• Prohibition on packaging food items in recycled or compostable plastics.

• Specification of BIS (Bureau of Indian Standards) norms for recycled carry bags.

• The minimum uniform thickness of plastic carry bags is set at 40 microns.

The rules also introduced the concept of engaging waste pickers and informal waste management agencies. For the first time, municipal authorities were tasked with comprehensive responsibilities, including the establishment of a safe plastic waste collection, storage, segregation, transportation, and disposal system. Public awareness and prohibition of open plastic burning were also emphasized.

iv) Plastic Waste Management (Amendment) Rules, 2016:

These amendments increased the minimum thickness of plastic carry bags from 40 to 50 microns to facilitate better collection and recycling. The jurisdiction of the rules was extended to cover rural areas as well, acknowledging the growing plastic waste problem in these regions. Responsibilities of producers, importers, and brand owners were specified, and a waste collection system under the Extended Producer Responsibility framework was introduced. These entities were mandated to establish systems for collecting and processing plastic waste generated from their products.

v) Plastic Waste Management (Amendment) Rules, 2018:

These rules aimed to phase out multi-layered plastic packaging that was non-recyclable, non-energy recoverable, or without alternative use. A centralized registration system for producers, importers, and brand owners was proposed. The Central Pollution Control Board (CPCB) was tasked with developing and managing this system. These rules emphasized streamlining the registration and oversight processes to improve accountability and waste traceability.

vi) Plastic Waste Management (Amendment) Rules, 2021:

These rules banned identified single-use plastic items with low utility and high littering potential by July 1, 2022. They prohibited the manufacture, import, storage, distribution, sale, and usage of specific single-use plastic items, including polystyrene and expanded polystyrene. The amendments mandated the collection and environmentally sound disposal of plastic packaging waste not covered by the ban. The thickness of plastic carry bags was increased to 75 microns from September 30, 2021, and to 120 microns from December 31, 2022. The 2022 amendments also introduced mandatory EPR guidelines with defined recycling targets.

vii) Plastic Waste Management (Amendment) Rules, 2024:

The 2024 rules define biodegradable plastics as those capable of degrading through biological processes in specific environments like soil or landfills, without leaving behind microplastics. However, the rules do not clarify the chemical tests required to confirm the absence of microplastics or the permissible thresholds. The manufacture of carry bags and commodities using compostable or biodegradable plastics is allowed, subject to labelling and certification from the CPCB. Manufacturers must ensure proper processing of plastic waste generated during production and report the same to the respective State Pollution Control Boards or Pollution Control Committees.

OTHER LAWS ON WASTE DISPOSAL IN INDIA:

i) The Environment (Protection) Act, 1986:

This act provides a legal framework for the protection and improvement of the environment. It authorizes the Central Government to establish authorities and take necessary actions to prevent and manage environmental pollution.

• Section 3: Empowers the Central Government to take appropriate measures for environmental protection.

• Section 6: Allows the government to make rules to regulate environmental pollution.

• Section 25: Provides the authority to frame rules for implementing the provisions of the Act.

Several rules have been framed under this Act to manage waste disposal and protect the environment.

ii) Hazardous Waste Management Rules, 2016:

These rules define hazardous waste as any waste that poses substantial danger to human health or the environment due to its toxic, reactive, flammable, or corrosive nature. Key features include:

• Classification of Waste: Based on toxicity, chemical composition, and potential for harm.

• Import and Export Controls: Hazardous waste imports are tightly regulated and allowed only for recycling with proper environmental safeguards.

• Waste Management Protocols: Prescribe methods for storage, transportation, treatment, and disposal.

• Monitoring and Reporting: Handlers are required to maintain records and report to the appropriate authorities.

• Sanctions: Penalties include fines, license suspension, and criminal action for non-compliance.

iii) Bio-Medical Waste (Management and Handling) Rules, 1998:

These rules ensure the safe disposal of biomedical waste generated during the treatment of humans and animals or in research activities. Schedule I categorizes biomedical waste into various types such as anatomical waste, microbiological waste, and discarded medicines. Key provisions include:

• Mandatory authorization from the State Pollution Control Board.

• Biomedical waste must not be stored beyond 48 hours without treatment.

• Institutions must install appropriate treatment equipment like autoclaves and microwave systems.

iv) E-Waste Management in India:

Electronic waste management was initially addressed under the Environment and Forests Hazardous Wastes (Management and Handling) Regulations, 2008. The E-Waste (Management and Handling) Rules, 2011, introduced Extended Producer Responsibility (EPR) and were followed by the 2016 rules which included 21 categories of electronic products. The 2018 amendment emphasized authorization and product stewardship. The 2022 rules digitized the e-waste management process and introduced restrictions on hazardous substances such as lead and mercury to reduce health and environmental risks.

CONCLUSION:

India’s legal framework has significantly contributed to aligning national waste management practices with international environmental standards. Despite these efforts, issues like illegal trafficking of waste, technological limitations, and a need for more sustainable practices persist. A concerted global and national effort is necessary to manage hazardous and plastic waste in an environmentally sound manner.

India’s plastic waste management laws, alongside other waste-related regulations, are instrumental in tackling environmental challenges. The Plastic Waste Management Rules (2016) and subsequent amendments emphasize reducing, reusing, and recycling waste. Effective waste management requires strong legislation, public participation, and coordination among government agencies, industries, and citizens. With focused and sustained efforts, these laws can help create cleaner and more sustainable urban environments while minimizing India’s ecological footprint.

References:

1. Waste Management Laws in India: Plastic & Biomedical Wastes, https://aishwaryasandeep.wordpress.com/2022/02/03/waste-management-laws-in-india-plastic-biomedical-wastes/

2. United Nations Conference on the Human Environment, https://www.un.org/en/conferences/environment/stockholm1972

3. Recycled Plastics Manufacture and Usage Rules, 1999, https://faolex.fao.org/docs/pdf/ind40635.pdf

4. Plastic Waste (Management and Handling) Rules, 2011, https://pib.gov.in/newsite/PrintRelease.aspx?relid=69649

5. Plastic Waste Management Rules 2016, https://energy.vikaspedia.in/view-content/energy/environment/waste-management/plastic-waste-management-rules

6. Plastic Waste Management (Amendment) Rules, 2024, https://www.drishtiias.com/daily-updates/daily-news-analysis/plastic-waste-management-amendment-rules-2024

7. Vajiram & Ravi, The Plastic Waste Management (Amendment) Rules 2024, https://vajiramandravi.com/upsc-daily-current-affairs/mains-articles/plastic-waste-management-amendment-rules-2024/

8. Environment (Protection) Act, 1986, https://www.drishtiias.com/paper3/environment-protection-act-1986

9. India Code, https://www.indiacode.nic.in/bitstream/123456789/6196/1/the-environment-protection-act-1986.pdf

10. Pramit Bhattacharya, Waste Management Laws in India – iPleaders, https://blog.ipleaders.in/waste-management-laws-india/

11. Waste Management Rules E-Waste Management in India, https://www.drishtiias.com/daily-updates/daily-news-analysis/waste-management-in-india