EPR Compliance For Plastic Waste

Did you know that the majority of plastic waste choking our planet is caused by one common culprit? Yes, you guessed it right - single-use plastic bags!

Plastic waste is a nuisance with a sight to sore eyes, not only does it swell our hearts but is an alarming situation, which has become a massive threat to our environment, and we cannot afford to ignore the urgency of this issue any longer.

Every day, countless single-use plastic bags are mindlessly used and discarded, wreaking havoc on our ecosystems. These bags take hundreds of years to decompose, leaving a lasting impact on our planet. Marine life suffers tremendously as these bags find their way into our oceans, causing entanglement and ingestion, leading to painful deaths. Our beautiful beaches are no longer pristine, but rather littered with these plastic monsters.

But here's the good news, With the advent of reusable alternatives, we can significantly reduce our carbon footprint and protect our environment for future generations.

It is time to take action. Let's join hands and be part of the solution. Together, we can make a significant impact in combating plastic waste and creating a more sustainable world. Allow corpseed to join you in this initiative with their services to relive the benefits of EPR Compliance for Plastic Waste.

Highlights EPR Compliances for Plastic Waste:-

• Assistance with online credits
• Facilitate Portal Management
• Conduct Waste channelization
• Offer Strategic Consulting

What is Plastic Waste?

To understand the process of Compliance for Plastic Waste, we need to closely understand the definition of plastic waste as per the applicable rule. In Plastic Waste Management Rules 2016, plastic is defined as-

“The ‘plastic’ means a material which contains as an essential ingredient a high polymer such as polyethene terephthalate, high-density polyethene, Vinyl, low-density polyethene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate.” And plastic waste is defined as:-

“The ‘plastic waste’ means any plastic discarded after use or after their intended use is over.”

Plastic materials are listed in the definition of plastic and if a company produces any product that contains any of these materials then the product will fall under this definition. Any waste originating from these products will be called plastic waste and has to be managed under these rules. All the producers that are involved in the business of plastics need to fulfil the EPR Compliances for Plastic Waste as prescribed in these rules.

Scope of EPR Compliance for Plastic Waste Management

The EPR guidelines apply to and create obligations on the producer, importer, brand owner, and plastic waste processor. It also applies to plastic waste processors that are involved in recycling, making energy from waste, making oil from waste, and industrial composting. Brand Owners include online platforms, marketplaces, supermarkets, and retail chains. These guidelines do not apply to Micro and Small Enterprises that are defined by the Ministry of Micro, Small and Medium Enterprises, Government of India.

EPR Compliance for Plastic Waste benefits all the stakeholders in various ways as well as the environment and society at large.

• Creates a Chain Process

The measures which the producers, importers, and brand owners have to take to comply with the rules prescribed under EPR Compliance for Plastic Waste give rise to a very systematic and organized framework that channelizes the plastic waste from the end users to the collection centres to the waste processors. These stakeholders are linked with each other and work together to ensure the waste reaches its end destination as efficiently as possible in a much-optimized manner.

• Benefits for the Society

The society also gets benefited from the EPR policy as the producers take responsibility for waste management. They have targets to achieve and hence try to collect as much waste as possible for the fulfilment of their EPR target. This results in clean streets, dumping yards, and a pollution-free environment for the citizens.

• Benefits for the Companies

The EPR Compliance for Plastic Waste encourages producers, importers, and brand owners to ensure the best management of the waste originating from their business entities. This not just helps to reach the sustainable development goal of the country but also creates a positive image of the companies for society.

• Benefits for the Government

The state government has the duty to keep the environment clean under Article 48A of the constitution. It puts a heavy burden of the costs on the government. The EPR policy shifts this burden onto the waste generators. In this manner, the government saves huge costs which now can be used for different development purposes.

What are the Categories under Plastic Waste?

Extended producer responsibility covers several Categories under plastics waste, which are of grave importance and are as follows- 

• Rigid Plastic Packaging
• Plastic sachets, plastic sheets, labels, and carry bags are examples of flexible plastic packaging, which can be single-layer or multi-layered.
• Multi-layered Plastic Packaging includes one layer of plastic and one layer of whichever material, other than plastic. 
• Contains compostable plastic, suitable for use as packaging or carry bags.

Regulating Authority in EPR Compliance for Plastic Waste

Different authorities are responsible for enforcing different parts of the rules, depending on where the waste is being generated. The State Pollution Control Board and Pollution Control Committee will be responsible for enforcing the rules for the certification, manufacture, processing, and disposal of plastic waste in the State and Union territories. The Secretary-in-charge of Urban Development will be responsible for enforcing the rules regarding waste management by waste generators, the use of plastic carry bags, plastic sheets, and multi-layered packaging. The Gram Panchayat will be responsible for enforcing the rules for waste management in rural areas. These authorities can get help from the District Magistrate or Deputy Commissioner in their area to enforce the rules.

SPCB and PCC submit an annual report on the EPR portal regarding the fulfilment of EPR obligations by the producers, importers, and brand owners in their respective regions. The report is submitted to the CPCB and State Level Monitoring Committee constituted by the Plastic Waste Rules. A report regarding the recyclers and end-of-life disposal is also submitted to CPCB and the date prescribed is the 31st of July of the next financial year.

Who are PIBOs?

With Plastic Waste Management Rules, PIBOs work with modalities for waste collection systems based on Extended Producers Responsibility (EPR). EPR means the responsibility of a producer (includes Brand-owners/Importers) for the environmentally sound management of the product until the end of its life. Further, the PIBOs are required to obtain Registration from CPCB/ SPCBs/PCCs (as the case may be) prior to the commencement of production. Let us understand roles and responsibilities- 

• Producer

The producer is an individual or entity involved in the production and import of plastic sheets and carry bags with complex packaging, including those used by industries or individuals for packaging or wrapping goods using plastic sheets or similar materials with multi-layered packaging.

• Importer

The importer is an individual or entity engaged in the import of plastic packaging products, including carry bags and multi-layered plastic sheet packaging, in India.

• Brand owners

He is an individual who markets a product or commodity under a registered brand or label.

Various responsibilities are prescribed in the Plastic Waste Management Rules for different stakeholders. These stakeholders are the producers, importers, brand owners, and waste generators. Apart from these, the local bodies and gram panchayats are also directed to fulfill some duties.

Responsibilities of PIBOs (Producer, Importer and Brand owners)

• Producers, Importers, and Brand owners, who introduced the product in the market, have the primary responsibility for the collection of used multi-layered plastic sachet, pouches, and packaging.
• They should develop a system to collect the plastic waste generated due to their products.
• They should stop manufacturing and usage of multi-layered plastic packaging that is non-recyclable, non-energy recoverable, and has no other use of plastic.
• They should get registered under the Central and State Pollution Control Board or the Pollution Control Committee as the case may be.
• They should not manufacture and use any plastic or multi-layered packaging without certification with SPCB, or PCC.
• They should maintain a record of all people that are engaged in the supply of plastic used as raw materials.
• They should file annual reports.

Responsibilities of Waste Processors

• Waste processors including recyclers and industrial composting facilities should register themselves with the applicable authority.
• They should submit category-wise annual reports on the processed waste at the end of each financial year.
• Only registered plastic waste processors can provide certificates for processed plastic waste.
• The pro forma of the certificate shall be prescribed by the CPCB and it should include the GST details of the enterprise.
• The number of certificates provided by a waste processor can not exceed the maximum installed capacity of the enterprise.
• They should issue the certificates in the registered name of the producers, importers, and brand owners.
• They should provide details on an annual basis about the end-of-life disposal of plastic packaging waste for that financial year.

Responsibilities of the Waste Generators

• Waste Generators should take steps to minimize the generation of plastic waste.
• They should segregate the waste at the source.
• They should manage the segregated storage system for plastic waste.
• They should hand over the segregated waste to the urban local bodies or gram panchayats or agencies appointed by these authorities.
• They may also hand over the segregated waste to registered waste pickers, waste recyclers, and registered waste collection agencies.
• All institutional generators of plastic waste should hand over the segregated waste to authorized waste processing or disposal facilities or deposition centres. They can either do it themselves or use a waste collection agency.
• Waste Generators should also pay any charges levied by local authorities for the collection of waste and operation of the facility.
• In case of plastic waste generated from an event that involves the service of foodstuff, the organizer will be responsible for the segregation and management of such waste.

EPR Credit for Plastic Waste

If a brand owner is having a surplus after fulfilling the EPR target for the current financial year, he can offset, carry forward or sell it to other producers, importers, and brand owners.

• There are three categories- reuse, recycle, and end-of-life disposal. The surplus in one category can only be adjusted for the same category.
• Other producers, importers, and brand owners will be able to adjust their EPR targets by purchasing surplus from other producers, importers, and brand owners.
• All these transactions must be reported to CPCB through the online portal.

Along with the additional necessary information as required, the following documents will need to be submitted by the producer, importer, brand owner, and waste processor while registering with the CPCB, SPCB, or PCC for plastic waste management.

For Producers, Importers, and Brand Owners (PIBO)-

• Form I for the Application of Registration
• PAN Number of the Company
• GST Number of the Company
• CIN Number of the Company
• Aadhaar Number of the Representative
• PAN Number of the Representative
• IEC (for Importers)
• DIC Registration (if applicable)
• Process Flow Diagram (for producers)
• Consents issued by SPCB/PCC (for Production facility)
• Signatures of authorized persons
• Covering Letter

For Plastic Waste Processors (PWP)-

• Form II for the Application of Registration
• PAN Number of the Company
• GST Number of the Company
• CIN Number of the Company
• Aadhaar Number of the Representative
• PAN Number of the Representative
• Process Flow Diagrams
• Consents & Authorisations (Under Air/Water Act and HWM Rules)
• Geo-Tagged pictures of

1. Raw material storage area
2. Production area
3. Product dispatch area
4. Plant machinery

Covering Letter

Apart from these documents, waste processors are required to submit copies of the electricity bills, the analysis report on the characterization of generated waste, occupational safety, and health-related documents, documents regarding pollution control measures, and onsite/offsite disaster management plans. While Form I and Form II are for PIBO and PWP respectively, the manufacturers need Form III for the application for the license.

There are various compliances that have to be followed from time to time and charges have to be paid wherever applicable. The very first and the major step, a business entity needs to take is registration with the CPCB and the applicable fees for the registration are given below-

• The fee structure is different for the PIBO (producers, importers and brand owners) and PWP (plastic waste processors).
• PIBOs have to pay fees based on the yearly plastic waste generation which is measured in TPA. TPA stands for tonnes per annum. The prescribed fee is given below-

• PWPs have to pay fees based on their capacity in tonnes per annum (TPA). The prescribed fee is given below-

• Renewal fee is also the same as the first-time application fee. CPCB also charges an annual processing fee which is twenty-five per cent of the above-mentioned application fee.

EPR Annual Compliance for Plastic Waste

The Producer, Importer, Brand Owner, and Waste processor are prescribed to get registered with the relevant authorities. If they are operating in a single state, they should register with the State Pollution Control Board. If they are operating in a union territory, they should register with the Pollution Control Committee. If they are operating in more than one state then they should register with the Central Pollution Control Board. For instance, Registration is done using a centralized web portal managed by the CPCB. The following rules shall be made applicable, with corpseed-

• Online Credits:- Our team helps you in Minimizing EPR credits to achieve the lowest possible cost (The final price is contingent upon the overall Quantity).
• Portal Management:- Corpseed specializes in handling EPR portal management,   an online system, developed by the Central Pollution of Control board to fulfil annual compliance, relating to the transfer of EPR credits, and the submission of sales/purchase invoices for both preceding and ongoing years.
• Annual filing returns:- With corpseed, we help you complete your EPR targets and submit the annual filing reports timely. It has to be completed by the end of the financial year to avoid any penalties. 
• Waste Channelization:- Our team of specialists is committed to assisting your company in effectively redirecting all waste generated within your organization, enabling you to achieve your net zero and sustainability
• Strategic consulting with legal support:- Our team of skilled professionals is equipped to offer invaluable perspectives, legal support and guidance to assist you in effectively managing your EPR objectives.

The renewal fee is also the same as the first-time application fee. CPCB also charges an annual processing fee which is twenty-five per cent of the above-mentioned application fee.

The registration shall be valid for one year from the date of registration which can further be renewed for three years if not cancelled, revoked or suspended. Every application for renewal shall be made at least one hundred and fifty days before the expiry of the validity of the certification. Apart from the registration, the responsible entities shall also complete the pending EPR targets of the previous year in the present year. For example, if they have a target of 50 per cent but could only produce the certificates of forty per cent then they need to complete the remaining ten per cent next year along with the fifty per cent target of next year.

Penalties under EPR Compliance for Plastic Waste

Environment Compensation is a kind of fine that is levied on the producers, importers and brand owners for the purpose of improving the quality of the environment and preventing environmental pollution. The following rules are prescribed for the environmental compensation under EPR Compliance for Plastic Waste-

• The guidelines for the collection of environmental compensation are released by CPCB.
• It is levied in case, the producers, importers and brand owners do not fulfil the obligations as set out in EPR Compliance for Plastic Waste.
• CPCB collects environmental compensation by the business established in multiple states, otherwise, the respective SPCB and PCC collect it within their jurisdiction.

After collecting environmental compensation, the EPR obligation is carried forward for the next year for a period of 3 years. If the obligations are fulfilled within this time frame, the collected compensation is returned to the producers, importers and brand owners under the following scheme-

• Seventy-five per cent, if the obligations are fulfilled in the first year
• Sixty per cent, if the obligations are fulfilled in the second year
• Forty per cent, if the obligations are fulfilled in the third year
• No return shall be made if the obligations are not fulfilled after three years
• The funds collected in this manner are kept in a separate escrow account by the CPCB, SPCB and PCC. This is used for the collection, recycling and end-of-life disposal of uncollected plastic waste.

Apart from the penalties levied under environmental compensation, the stakeholders are also punished with the prohibition for some serious offences. If the waste processor is found to be false at any stage with respect to the data submitted on the online portal, SPCB can debar him from operating under the EPR framework for a period of one year. If the information furnished by the parties during registration is found to be false, the registration will be revoked for a period of one year. After completion of the revocation period, the entity may again apply for registration.

We at Corpseed have a team having extensive knowledge relating to various horizons of Environmental Laws and Regulations. We perform desk-based research, documentation, and coordination to help clients in establishing their businesses and fulfilling the compliances as prescribed by the applicable rules. We provide the following EPR-related services, which centre around- 

Our Unique Selling Proposition (USP)

• Freedom from getting dependent on a few recyclers for waste management. We have multiple Recyclers on-boarded with us, this helps our client in reducing the risk of recycler's monopolies
• Best and lowest recycling per kg rates for post-consumer waste management
• Best and highest collection per kg rates for pre-consumer waste management
• Freedom to change recycler for any state at any point in time if not satisfied with their services
• Implement best practices followed worldwide by Fortune 500 companies to manage waste as per
• EPR & Waste management rules given by MoEFCC & CPCB for all waste categories (Plastic,
• E-waste, Battery, Tyre or Used Oil) in India
• Legal support in any notice or penalties if raised by SPCB/CPCB/MoEFCC