Putting in place the ‘Polluters Pay’ Principle : Daily Current Affairs

Relevance: GS-3: Conservation, environmental pollution and degradation.

Key Phrases: Plastic Waste Management (Amendment) Rules 2022, UN Environment Assembly, global plastic pollution, extended producer responsibility (EPR), single-use plastic, polluter pays’ principle, Rio Declaration), minimum recycled content, digital platform, collection mechanisms, precautionary principle’.

Why in News?

  • The latter half of the year is likely to witness increased activity in plastic waste management, with producers and importers of plastic as well as brand owners looking to comply with the latest round of regulations.

Background:

  • The Plastic Waste Management (Amendment) Rules 2022 was announced last month, a few days before the fifth session of the UN Environment Assembly, in Nairobi, which discussed the exigencies of tackling global plastic pollution. The UN meet resolved to work on a legally binding global treaty, which is envisaged to take around two years
  • Meanwhile, each country was expected to continue its ongoing efforts. India’s latest regulation dealt with a host of issues regarding post-consumer plastic waste. These included the on-ground implementation of the ‘polluters pay’ concept — extended producer responsibility (EPR) — by stakeholders. Spelling out the different types of plastics that come within the ambit of single-use plastic, it mandated specific targets and timelines for taking back this waste. The stakeholders are required to take back 25 per cent of the material by 2021-22, 70 per cent by 2022-23, and 100 per cent by 2023-24. Apart from this, recycling targets are to be met, which start at 10 per cent and expected to reach 85 per cent in a decade.
  • The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal. The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide (formally known as the 1992 Rio Declaration).

  • In India, the ‘polluter pays principle’ was for the first time applied and defined in the 1996 case of Indian Council of Enviro-Legal Action vs Union of India. In this case, Justice Dalveer Bhandari determined that reversing the imbalance caused to the ecology is the part and parcel of the industrial process. Thus, the financial responsibility of taking prevention and controlling measures for the pollution caused should rest upon the industry which caused pollution. The financial burden cannot be shifted to the shoulders of the government neither in preventing nor in correcting the dent.

  • In the cases of Research Foundation For Science Technology National Resource Policy v. Union of India and Anr and Vellore Citizens’ Welfare Forum v. Union of India and Ors.the judges respectively ended up with the conclusion that principles such as the precautionary principle, the polluter pays principle form an intrinsic part of the laws of the environmental laws of India. The ‘polluter pays principle’ was already considered as a part of the customary practices of international laws for the protection of the environment. Hence, the principles ought to be included in environmental laws of India, according to the judges.

  • The judges further improved the scope of implementation of the principle in A.P. Pollution Control Board v. Prof. M.V. Nayudu (Retd.) and Ors. case. The judges enabled the courts, tribunals and other environmental organisations to apply these principles when cases are registered in the tribunals or organisation.

‘Surplus’ certificate

  • The 2022 rules have introduced the concept of ‘minimum recycled content’, which means producers of plastic will have to add a minimum quantity of recycled material in their product, increasing the recycled content over the years. There is also a provision for surplus EPR certificate offsets, roughly on the lines of carbon credits.
  • To monitor the process, a digital platform has been envisaged, entailing self-declaration of business-related data by all stakeholders including producers, brand owners, importers and recyclers. There are penalties for non-compliance.
  • A forward-thinking regulation, no doubt, but is it possible to reach these ambitious targets? Will it help increase plastic waste collection and reduce pollution? What are the gaps that may obstruct implementation?
  • Citing R&D as a crucial input in improving the quality of the material recycled. The mandate to add recycled matter to products is an excellent initiative taken by the government.

The Human Element

  • Pranshu Singhal, founder of the oldest ‘producer responsibility organisation’ in the country, Karo Sambhav, which works with some of the largest brands, lauds the intent but feels it may be too ambitious to implement as it overtakes even electric vehicle targets. “Will we be able to meet the numbers?” he says, pointing out a major gap. “There is an absence of dialogue on collection mechanisms. There is a big question mark on how we create these collection systems. There is also nothing on fair wages for collection, on no child labour to be involved, health safety issues and how municipality collections will be managed,” he says.
  • The regulator role played by the traditional kabadiwala, the waste pickers and rag pickers who remain in the informal sector but are the main source of plastic waste collection. Enhancing their livelihood, uplifting their status and helping them transition to the formal sector with adequate training needed to be part of the document.

Digital face

  • One of the critical aspects is the digital platform for stakeholders. This self-declaration, self-target and self-submission system with penalties will work like the GST portal set up by the government and could streamline the process.
  • The platform would be difficult to monitor as it would have a humongous number of waste streams and stakeholders. Would the government have the capacity and resources to audit it, and check on the EPR offsets? It’s better turn it into a public platform that can be scrutinised by one and all. That itself would work as an automatic deterrent to providing incorrect information.
  • At the end of the day, the new regulation, if pushed towards implementation, means an increase in business for all the stakeholders. While many producers are still figuring out their compliance strategies, recyclers are waiting to expand their capacity. DWMPL is setting up a new facility in Haryana and promising “good recovery”, Gemcorp is planning a string of 20-25 recycling plants across the country in the next six months. Interesting times ahead for plastic waste.

Way Forward:

  • The principles such as ‘polluter pays’, ‘precautionary principle’, ‘sustainable development’ should be ideally inbuilt in us. It should be in our subconscious mind that each and every activity that we do should not be harming nature. Little steps taken towards nature such as carpooling, riding the cycle to work, avoiding single-use plastic can go a long way if taken by every citizen.
  • Many institutions and universities have started planting trees on special occasions such as independence day, environment day etc. Such steps are necessary for sustainable development. Balanced development is a prerequisite for harmony between nature and us. These steps should be habits of the millennials.

Major Highlights of Plastic Waste Management (Amendment) Rules, 2022

  • New Classification for plastic: The Plastic Waste Management (Amendment) Rules, 2022 seek to classify plastic in four primary categories as shown below:

    • Category 1 will entail rigid plastic packaging;
    • Category 2 shall entail flexible plastic packaging of an individual layer or multilayer (comprising different types of plastics, plastic covers & sheets made of plastic sheet, plastic sachet, carry bags).
    • Category 3 shall include Multi-layered plastic packaging (comprising one layer of plastic and one layer of non-plastic)
    • Category 4 shall include plastic sheets for carrying bags and packaging produced from compostable plastics.
    • Mandating PIBOs to share the detail of recycling certificates
    • The new regulations mandate recycling and reusing a certain percentage of plastic produced by manufacturers, importers and brand owners.
    • CPCB to launch a centralized web portal: The GOI has also called for setting up a centralized web portal by CPCB for the Registration and filing of annual returns by PIBOs and plastic waste processors by March 31.
    • Carry forward of unfulfilled EPR directions
    • Inculcation of new committee by SPCB

Source:  The Hindu BL

Mains Question:

Q. What do you Understand by ‘Polluter Pays Principle’? How the ‘Polluter Pays Principle’ principles guide sustainable development worldwide. Critically analyse.