Proper waste management policies are not rubbish

The Organisation for Economic Co-operation and Development, an international organisation which concentrates on growth of trade and commerce on an international scale, defines “extended producer responsibility” (EPR) as “an environmental policy approach in which a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle”. Producers, importers and brand owners (PIBOs) are accountable for the proper management of their products, including recycling and disposal. The model is based on the “polluter pays” principle.

EPR will help achieve the country’s Sustainable Development Goals (SDG). This is particularly so for SDG 12 – Responsible Consumption and Production. The model attracts investors because it aligns with environmental, social and governance principles, bringing commercial benefits. Investors now look for companies that take responsibility for managing waste generated by their products.

EPR policy underpins secondary legislation under the Environment (Protection) Act, 1986. The Plastic Waste Management Rules, 2016, require PIBOs to take back plastic waste generated by their products. They must work with recyclers and local authorities to ensure effective segregation, recycling and disposal. PIBOs have to register with the Central Pollution Control Board (CPCB) or state pollution control boards and regularly submit detailed EPR action plans. The E-Waste (Management and Handling) Rules, 2022 (e-waste rules) attempt to regulate India’s predominantly informal e-waste sector, which handles more than 90% of such waste. This involves forming Producer Responsibility Organisations (PROs) to act as intermediaries, taking over e-waste management responsibilities from PIBOs and ensuring efficient recycling and disposal.

The e-waste rules impose e-waste recycling targets for PIBOs through registered recyclers. These started at 60% in 2023-24 and will increase incrementally to 80% by 2028-2029. This ensures compliance and validates the feasibility of the targets. In addition, PROs must register with the CPCB, leading to better supervision and accountability.

The Solid Waste Management Rules, 2016 require every generator of solid waste, including commercial and institutional waste, to be responsible for its entire life cycle. This includes collection, recycling and final disposal. Producers must provide financial and logistical support to urban local bodies for setting up and maintaining waste management systems. This shifts a significant portion of the burden from municipalities to the producers, promoting sustainable practices. Such financial contributions go towards the development of composting facilities, material recovery centres and waste-to-energy plants.

EPR is central to the Battery Waste Management Rules, 2022 (BWM rules). Producers are required to recycle waste generated from batteries, either directly or through authorised entities. The BWM rules emphasise the use of recovered materials in new production, reducing the dependency on raw materials and conserving natural resources. To ensure compliance, an online portal tracks EPR certificates exchanged between producers and recyclers. Penalties are imposed on producers for not meeting EPR targets. The BWM rules prescribe minimum recovery percentages for battery materials to encourage investment in recycling technologies.

The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (HW rules), define hazardous waste as waste that, by reason of its characteristics, such as flammable, explosive or corrosive, causes danger to health or the environment. The HW rules identify processes and activities that result in hazardous waste. Occupiers, such as factory owners, are responsible for the packaging, labelling and transport of hazardous waste from where it is generated to where it is treated, disposed of, imported or exported. The HW rules are predicated on the sound management of hazardous waste, focusing on its use as a resource to generate energy. However, neither the Ministry of Environment, Forest and Climate Change nor the pollution control boards have issued guidelines for the management of hazardous resources.

Fines of INR10,000 (USD117) to INR1.5 million may be imposed for breach of these rules and their parent act, including continuing fines. Despite the good intentions behind it, the legislation/s may not yet have achieved its aims. The government and environmental research groups may have to determine what must be done to make it more effective.

Srinivas BR and Karan Ajitsaria are partners at DSK Legal.
Principal associate Nitesh Sharma also contributed to the article.