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State of Bihar - Section

Section 3 in Nagar Panchayat Makhdumpur Plastic Waste Management Bye-laws, 2018

3. Definitions.

- In these bye laws, unless the context otherwise requires.-
(a)"Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b)"brand owner" means a person or company who sells any commodity under a registered brand label;
(c)"carry bags" mean bags made from plastic material or compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use;
(d)"commodity" means tangible items that may be bought or sold and includes all marketable goods or wares;
(e)"compostable plastics" means plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue;
(f)"food-stuff" means ready to eat food products, fast food, processed or cooked food in liquid,powder, solid or semi-solid form;
(g)"facility" means the premises used for collection, storage, recycling, processing and disposal of plastic waste;
(h)"importer" means a person who imports or intends to import and holds an Importer -Exporter Code number, unless otherwise specifically exempted;
(i)"institutional waste generator" means and includes occupier of the institutional buildings such as buildings occupied by Central Government Departments, State Government Departments, public or private sector companies, hospitals, schools, colleges, universities or other places of education, organisations, academy, hotels, restaurants, malls and shopping complexes;
(j)"manufacturer" means and includes a person or unit or agency engaged in the production of plastic raw material to be used as raw material by the producer;
(k)"multilayered packaging" means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metalised layers or aluminium foil, either in the form of a laminate or co-extruded structure;
(l)"plastic" means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate;
(m)"plastic sheet" means sheet made of plastic;
(n)"plastic waste" means any plastic discarded after use or after its intended use is over;
(o)"producer" means persons engaged in the manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity;
(p)"recycling" means the process of transforming segregated plastic waste into a new product or raw material for producing new products;
(q)"registration" means registration with the Bihar State Pollution Control Board or the ULB, as the case may be;
(r)"street vendor" means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes a hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words "street vending" with their grammatical variations and cognate expressions, shall be construed accordingly;
(s)"Thermoset plastic" when cured by heat or other means, changes into a substantially infusible or insoluble product. The thermoset polymer is a kind of plastic which, due to its composite chemical structure cannot be remoulded/recycled.
(t)"ULB" means and will refer to municipality as specified under section 2 (66) of Bihar Municipal Act, 2007,wherever it has been used;
(u)"virgin plastic" means plastic material which has not been subjected to use earlier and has also not been blended with scrap or waste;
(v)"waste generator" means and includes every person or group of persons or institution, residential and commercial establishments including Indian Railways, Airport, Port and Harbour which generate plastic waste;
(w)"waste management" means the collection, storage, transportation reduction, re-use, recovery, recycling, composting or disposal of plastic waste in an environmentally safe manner,
(x)"waste pickers" mean individuals or agencies, groups of individuals voluntarily engaged or authorised for picking of recyclable plastic waste.
Chapter-II Management of Plastic Waste