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With respect to the query raised by the CEE (Ludhiana), it is submitted that as per the Plastic Waste Management (PWM) Rules, 2016, as amended from time to time, any unit engaged in the processing, recycling, or handling of plastic waste is required to obtain registration from the prescribed authority. Further, the Extended Producer Responsibility (EPR) Guidelines, 2022, issued under the PWM Rules, mandate registration on the centralized EPR portal for such recyclers.
In the present case, the industry is a plastic waste processing unit and therefore, falls under the category of “Plastic Waste Processor” as defined under the EPR Guidelines, 2022. Accordingly, registration under the PWM Rules, 2016 read with the EPR Guidelines, 2022 is mandatory.
It is, however, noted that this is a fresh case of Consent to Operate (CTO) and, as per the prevailing procedure followed on centralised EPR Portal, a valid CTO is a prerequisite for the grant of registration on the EPR portal by the competent authority. As per the Regional office report, at present, the industry is reported to be complying with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, but has not yet obtained registration under the PWM Rules.
In view of the above, it is opined that the Consent to Operate may be granted to the industry, subject to a specific condition that the industry shall obtain mandatory registration as a Plastic Waste Processor under the Plastic Waste Management Rules, 2016 read with the EPR Guidelines, 2022, within a period of two months from the date of grant of CTO, and shall submit proof of such registration to the concerned Regional Office/Head Office of the Board.
It is further proposed that non-compliance of the above condition within the stipulated time period shall render the CTO liable for revocation and shall attract action under the relevant provisions of the environmental laws and rules.
Submitted for kind perusal, please.
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