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The Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Central Pollution Control Board (CPCB) have issued a Show Cause Notice to specific Producers, Importers, and Brand Owners (PIBOs) for non-compliance with the Plastic Waste Management (PWM) Rules, 2016, as amended. The notice, dated November 25, 2024, addresses lapses by registered entities in fulfilling their obligations under the Extended Producer Responsibility (EPR) framework for the fiscal year 2023-24. The Plastic Waste Management Rules, 2016, issued by MoEF&CC, aim to promote sustainable management of plastic waste. These rules define responsibilities for managing, recycling, and minimizing the environmental impact of plastic, particularly plastic packaging waste. A key component is Extended Producer Responsibility (EPR), which holds producers, importers, and brand owners accountable for the collection, recycling, and environmentally safe disposal of plastic packaging introduced into the market. The CPCB’s notice outlines critical instances of non-compliance, including: Failure to File Annual Returns (AR): Entities failed to submit Annual Returns for FY 2022-23 and FY 2023-24, violating EPR guidelines. The deadline for AR filing is June 30 of the following financial year. Increased EPR Targets: Non-filing of AR has resulted in a 25% increase in EPR targets for FY 2023-24. Entities that fail to comply by November 30, 2024, may face additional penalties, including further Environmental Compensation (EC). Environmental Compensation (EC): Based on shortfalls in EPR fulfillment, EC has been levied, adhering to the Polluter Pays Principle. Future Penalties: Continued non-compliance may lead to a 25% increase in EPR targets for FY 2024-25, further escalating penalties. Consequences Under Environmental Law: Persistent non-compliance may result in automatic filing of AR, penalties, annual processing charges, late fees, and potential action under the Environment Protection Act, 1986. Failure to file AR by the stipulated deadline has severe consequences: Automatic Filing of AR: If no action is taken, the AR will be auto-filed, and penalties such as EC and additional charges will be imposed. Increased EPR Targets: EPR targets for FY 2024-25 will increase by 25%, serving as a direct penalty for continued non-compliance. Environmental Compensation (EC): Non-compliance results in EC being levied, ensuring that entities bear the environmental costs of their actions. Entities receiving this notice must file their Annual Returns on the CPCB EPR Portal by November 30, 2024, to avoid further penalties and legal action. The EPR filing should detail the quantity of plastic waste collected, processed, and recycled, along with the usage of recycled content in packaging. This notice serves as a final reminder for PIBOs to comply with the Plastic Waste Management Rules. Non-compliance could result in financial and legal consequences, tarnishing both environmental credibility and brand reputation. File AR Promptly: Ensure the Annual Returns are submitted on the CPCB portal before the deadline. Seek Assistance: If you face challenges in meeting compliance requirements, submit representations to CPCB. The Board may consider genuine cases on a case-by-case basis. The increasing focus on environmental sustainability has made compliance with plastic waste regulations a priority. The CPCB’s Show Cause Notice underscores the need for entities to take their EPR obligations seriously. Timely action will not only prevent penalties but also contribute to the collective effort to combat plastic pollution. For any questions regarding the most recent update, please reach out to us via email at cs@absoluteveritas.com Understanding the Show Cause Notice for Non-Compliance with Plastic Waste Management Rules
Overview of Plastic Waste Management (PWM) Rules, 2016
Key Issues Highlighted in the Show Cause Notice
Implications of Non-Compliance
Compliance Deadline
Steps for Producers, Importers, and Brand Owners
Conclusion