National Green Tribunal
Antony Clement Rubin vs State Of Tamilnadu on 2 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.2: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.85 of 2020 (SZ)
IN THE MATTER OF
Antony Clement Rubin
Flat No.35, Block 3
Priyadharshini Apartments
89, Barakka Road,
Chennai - 600 012. ...Applicant(s)
Versus
The State of Tamil Nadu
Representing through the Chief Secretary
Government of Tamil Nadu
Namakkal Kavingar Maaligai,
Fort St. George, Chennai and Ors. ...Respondent(s)
For Applicant(s): Mr. S.V. Pravin Rathinam along with
Mr. B. Karthikeyan and Mr. G. Josephine.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Mr. Ragul Adhithya represented
Mrs. P.T. Ramadevi for R3.
Mr. S. Sai Sathya Jith for R5 & R6.
Judgment Pronounced on: 02nd August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.85/2020(SZ) 02nd August 2022. Mn.
Page 1 of 27 Item No.2: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.85 of 2020 (SZ)
IN THE MATTER OF
Antony Clement Rubin
Flat No.35, Block 3
Priyadharshini Apartments
89, Barakka Road,
Chennai - 600 012.
...Applicant(s)
Versus
1) The State of Tamil Nadu
Representing through the Chief Secretary
Government of Tamil Nadu
Namakkal Kavingar Maaligai,
Fort St. George, Chennai - 600 009.
2) The State of Tamil Nadu
Represented by Secretary to the Government, Department of Environment and Forests, Fort St. George, Chennai - 600 009.
3) The Corporation Commissioner The Greater Chennai Corporation Through its Special Officer Ripon Building, Chennai - 600 003.
4) The District Collector District Collectorate Chennai District, Chennai - 600 001.
5) Tamil Nadu Pollution Control Board Represented through its Member Secretary 76, Mount Salai, Guindy, Chennai - 600 032.
6) The District Environmental Engineer Tamil Nadu Pollution Control Board First Floor, 950/1, Poonamallee High Road, Arumbakam, Chennai - 600 106.
...Respondent(s) Page 2 of 27 For Applicant(s): Mr. S.V. Pravin Rathinam along with Mr. B. Karthikeyan and Mr. G. Josephine.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Mr. Ragul Adhithya represented Mrs. P.T. Ramadevi for R3.
Mr. S. Sai Sathya Jith for R5 & R6.
Judgment Reserved on: 18th July 2022.
Judgment Pronounced on: 02nd August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. This case pertains to non-implementation of the Government Order (Ms.) No.84 Environment and Forests (EC.2) Department dated 25.06.2018 issued by the State of Tamil Nadu banning single use plastic in the State.
2. It was alleged in the application that the Government Order (hereinafter referred to as "G.O.") was issued by the 2nd Respondent/Department of Environment and Forests imposing ban on manufacture, storage, supply, sale and use of "use and throwaway plastics" such as plastic sheets used for wrapping, spreading on dining table, plastic plates, plastic coated tea cups, plastic tumbler, water pouches and packets, plastic carry bags and plastic flags, irrespective of thickness with effect from 01.01.2019. Though a Writ Petition has been filed before the Hon'ble High Court of Madras challenging the G.O. by some of Page 3 of 27 the manufacturers and the same was dismissed by the Hon'ble High Court of Madras upholding the legality of the G.O., but in spite of that no effective steps were taken by the authorities to implement the same in its letter and spirit and no action has been taken against those persons who were violating the same and such type of plastics are still under use in the market.
3. It was further alleged in the application that challenging the G.O., a Writ Petition was filed as W.P. No.34065 of 2018 (Tamil Nadu, Pondy Plastic Association Vs. Government of Tamil Nadu & Ors.) and while dismissing the writ petition, the Hon'ble High Court of Madras directed the authorities to implement the same before the end of 2019. It was mentioned in the application that there were series of writ petitions filed as W.P. Nos.33453, 33461, 33463, 33738, 33770, 33897, 34243 of 2018, 828, 857, 1821, 1823, 1824, 1827, 1829, 1831, 1834, 2198, 2205, 2209, 2215, 3338, 3551, 3553, 3554, 3556, 3557, 3558, 3559, 3560, 3561, 3562, 3564, 3568, 3984, 4487, 13040 and 4492 of 2019 (Non Woven's Private Limited Vs. State of Tamil Nadu & Ors. and other connected cases) and the Division Bench of the Hon'ble High Court of Madras, by Judgment dated 11.07.2019, disposed of those writ petitions observing as follows:-
"63. Even though the learned Additional Advocate General would contend that milk and other products are essential commodities and therefore, they were given exemption, we are of the view that the whole gamut of arguments is not to ban the essential commodities such as milk, and medicine, but only to ban the plastic wrappers or covers through which those essential commodities are delivered. When one time use of plastic carry bags are banned, the Government, in its wisdom, ought to have considered banning similar one time use and throw away plastics through which consumables are sold. At any rate, the Government cannot say that consumables sold through multi-layered packs are essential commodities and therefore, they are exempted. Had the Government imposed a ban on those multi-layered products, it could have prevented the environment to a great extent. In fact, it is argued by the counsel for the petitioners that it is these multi-layered packs through which consumables are sold would cause greater harm than the use of other plastics inasmuch as there is no scope for these multi-layered packs to be get decomposed. In any event, granting exemption to some of the items of plastics in the order passed by the Government, which is impugned in these writ petitions, cannot be considered as a discrimination especially when it was issued in the interest of Page 4 of 27 preventing environmental disaster. In such view of the matter, we can only conclude that the exemption granted by the Government to some of the consumables sold through one time use and throw away plastics deserves to be re- considered by the Government. We therefore direct the Government to implement the banning of all multi-layered plastic wrappers and covers which are meant for one time use and throwaway, so as to make the ban effective and meaningful. The Government can also explore alternatives for supply of Aavin milk through bottles or any other means, which was hitherto followed in the State instead of using the plastic cover. In other words, we feel that even though the Government of Tamil Nadu has banned one time use of plastic and other similar products with effect from first January 2019 with an avowed object to make the environment in the State a plastic-free one, we feel that the ban is neither effective nor complete. Inspite of the ban, one time throw away plastics are freely made available or accessed for being used. The order which is impugned in these writ petitions, banning one time use of throw away plastics, can therefore be construed to remain only in paper owing to it's poor implementation. Unless hectic fines are imposed on the suppliers or stockists, the ban cannot be claimed to be effective or complete. The State should promote alternative products such as cloth or jute bags for being used by one and all in the larger interest of protecting the environment from being hampered. By allowing the citizens of this State to continue to use one time use and throw plastics, it would only adversely affect the ecology of the State. The State is duty bound to enforce certain stringent measures to protect the environment and the decision to impose a ban on one time use and throwaway plastics, is one of the steps taken in that direction.
64. Before we conclude, we wish to observe that slowly and steadily, plastic had infiltrated and intruded into our daily lives and the large scale use of plastic, for the purpose to which it was not intended to, had in fact sounded a death knell to our ecology and environment. By virtue of burgeoning use of plastics for all purposes, it resulted in mounting of garbage strewn all through the lanes and by- lanes of the streets and the Municipal authorities throughout the State find it an uphill task to deal with the situation. Above all, plastics which are meant for single use are certainly a menace inasmuch as it is littered at the drop of a hat. The more the easier the production of plastic, as we could infer, be it one time use and throw away plastic or other similar nature of product, the more easily it is thrown away in the bins or strewn haphazardly, which causes great concern to the environment and it is a huge pollution menace. As per the scientific study, it is estimated that some items of plastics will take atleast 100 years to decompose. There are also data available in the internet to conclude that plastic wastes have been mistaken for food by numerous animals, mainly marine creatures and other domestic animals such as dogs, buffaloes and cows and large quantities of plastics have been found in the stomachs of many dead animals. The toxic contents in the plastic had the tendency to cause harm to vital organs or biological functions of marine as well as domestic animals. Cumulatively, plastic profoundly affected animals in aquatic, marine and terrestrial eco- systems. Further, when discarded in earth, the plastic items had the tendency to destruct and decline the quality of soil in the earth, which is also a greatest cause for concern. We also take note of the fact that increasing urbanisation and population growth is also considerably contributing and accounting for plastic pollution, especially the demand for cheaper and readily available materials such as wrappers, plastic water bottles, straws and food containers are easily available and accessed. We wish to observe that restaurants/food production units are causing greater harm than estimated by usage of the Page 5 of 27 plastic covers for packing food items and the rise in usage of these products is alarming. This had in fact woken up environmentalists, natural lovers as well as the government to slowly think of getting rid of plastics which are meant for single use so as to save the earth and planet. In fact, in the counter affidavit filed by the respondents in WP No. 33897 of 2018, it was stated that the Government has granted exemptions to some of the items of plastic since it is not feasible to ban those items for the present. However, it was stated that such an elimination of exemptions may arise in future depending upon the circumstances. We place on record such submissions made on behalf of the respondents. At this juncture, we also wish to place on record that the Division Bench of this Court, in identical case, passed an order dated 27.12.2018 in WP (MD) No. 34065 of 2018 in which a direction was given to the State Government to ensure that the plastic in various forms are phased out from the markets and that the order of ban is implemented in letter and spirit before the end of 2019. We reiterate the same and direct the Government to ensure that the order imposing ban on various items of plastics is scrupulously followed and implemented without allowing it to remain on paper."
4. The applicant also relied on the order passed by the Principal Bench of National Green Tribunal, New Delhi in Execution Application No.13 of 2019 in Original Application No.247 of 2017 (Central Pollution Control Board Vs. State of Andaman & Nicobar & Ors.) wherein by Order dated 20.07.2018 directed the authorities to implement the Plastic Waste Management Rules, 2016 in its letter and spirit and directed the Central Pollution Control Board to file a status report regarding implementation of the Plastic Waste Management Rules, 2016 (Reduce, Reuse and Recycle) as implemented in the States and successive directions were also issued in that case.
5. Since the applicant was not satisfied with the manner in which action being taken by the authorities to implement the above said G.O., he filed this application seeking the following reliefs:-
"(i) Direct the Respondents to ensure strict compliance of the G.O. (Ms) No. 84 dated 25.06.2018 and to impose heavy penalties on plastic manufacturers producing the above said items in accordance with the polluters pay principle and to also impose heavy penalties on chain retail stores who continue to violate the G.O. (Ms).No 84 dated 25.06.2018 and distribute woven and non-woven plastic bags.
(ii) Direct the Constitution of a Committee consisting of the Respondent No.5 along with Chemical Engineers and technical experts to recommend action plans to curb the manufacturing of plastic woven bags and encourage the production and distribution of plastic free alternatives.Page 6 of 27
(iii) Direct the Respondents to ensure transparency in compliance of the G.O. (Ms). No. 84 dated 25.06.2018 by furnishing the status of action taken on the prohibition of the usage of plastic woven and non-woven bags and other plastic items as stated in the G.O. (Ms). No. 84 dated 25.06.2018."
6. As per order dated 24.06.2020, this Tribunal directed the Tamil Nadu Pollution Control Board to submit the status report regarding the implementation of the G.O. including the action taken against the persons who violated the terms of the G.O. and also for implementation of Extended Producer Responsibility (EPR) provided under the said Rules for implementing the responsibility of the plastic waste generators in disposing the same in an effective manner and also directed the Greater Chennai Corporation to file a report as to how many persons had been booked for violation, how much amount had been collected as fine or environmental compensation for the violation of the Rules and whether any prosecution had been launched against the violators and if so, how many such prosecutions had been launched and its stage and the mechanism adopted by the Corporation to implement the monitoring of the G.O. within their jurisdiction. This Tribunal also directed the applicant to take steps to delete the 6th Respondent name who has been shown in his personal name.
7. The applicant filed Interlocutory Application [I.A. No.53 of 2021 (SZ)] to direct respondents No.3 & 5 to file a status report as directed by this Tribunal as per Order dated 24.06.2020 and this Tribunal by Order dated 18.03.2021, disposed of the application observing that there was no necessity to issue further directions, as directions had already been issued to the State Pollution Control Board and the Greater Chennai Corporation to file a status report regarding the implementation of the G.O. mentioned above and thereafter, adjourned the case to enable the official respondents to file their reports.
Page 7 of 278. The Greater Chennai Corporation had filed a report in the form of a note, wherein they had given the details regarding the raid conducted by them from 01.01.2019 to 07.09.2020 and the amount of fine collected and the quantity of seizure of single use plastic banned under the G.O. They also produced certain resolution of the Greater Chennai Corporation dated 03.06.2019 and Circular issued in respect of amendment to the Chennai City Municipal Corporation Act, 1919 imposing huge amount as fine for committing violation for the first time and successive times.
9. The State Pollution Control Board filed a report showing the nature of steps taken by them and various directions issued and the details of awareness activities conducted which reads as follows:-
"i) Monitoring groups formed by the District Collector is carrying out enforcement of plastic ban notification. Also, certain districts have constituted District Level Monitoring Committee to review the enforcement of ban
ii) Meetings were conducted with the representatives of Shopping Malls, Hotels and Marriage Halls, TASMAC and bar owner associations of all the Districts for sensitizing on the changeover from banned throwaway plastic items to eco-friendly alternatives.
iii) Meeting conducted with representatives from Eco-Clubs, NGC Coordinators and District Coordinators of Tamil Nadu to create awareness among public on ban on one time use of "use and throwaway plastics" involving NGOs and school students iv) District Environmental Committee meetings and massive awareness rally under the chairmanship of District Collectors were conducted at all the districts of Tamil Nadu and resolutions passed to create one time use and throwaway plastic free district.
v) Regional Conferences for Plastic Pollution Free Tamil Nadu to create awareness among various stake holders was conducted at Coimbatore, Trichy, Madurai, Tirunelveli, Chennai & Salem under the Chairmanship of the Hon'ble Minister for Environment in coordination with the respective Regional Coordinators for Plastic Pollution Free Tamil Nadu.
vi) Workshop for alternative eco-products conducted by District Administration in various districts
vii)Poster and pictorial handbook on banned use and throwaway plastics and its alternatives was released on 03.10.2019 and distributed to all the Government Departments, District Collectors and the same was circulated among schools, colleges and other stake holders.
viii) Awareness videos (6 nos.) and 2D and 3D animation short movies on plastic ban awareness in shopping malls, theatres, etc. and the same were spread through Whatsapp
ix) Social media platforms like Facebook, Twitter, You tube, Linkedin, Pinterest, Instagram, Blog were used to spread plastic ban awareness
x) TNPCB addressed Home Department & Commericial Taxes Department to have strict vigil in the check post located at the borders of Tamilnadu and to ensure that no vehicle with the banned plastic materials is allowed into the state of Tamilnadu.
xi) TNPCB on 16.10.2019 addressed the Hindu Religious and Charitable Endowments Department so as to ensure that all the temples of Tamil Nadu shall abide by the Government Notification Page 8 of 27 on Plastic Ban and shall not use the banned 'use and throwaway plastic' in their premises
xii) TNPCB on 16.10.2019 addressed the Commissioner, Food Safety & Drug Administration Department to strictly instruct all the district officials of their department to inspect and ensure that all the hotels, restaurants, eateries of Tamil Nadu shall abide by the Government Notification on Plastic Ban
xiii) TNPCB on 16.10.2019 addressed the Managing Director, TASMAC to ensure that all the retail shops of M/s. TASMAC Ltd. located in its rural as well as its urban areas of Tamil Nadu shall abide by the Government Notification on Plastic Ban and shall strictly avoid and stop using banned 'use and throwaway plastic' in their premises and to provide collection mechanism.
xiv) TNPCB has conducted a meeting with the representatives of the Chief Engineers Forum of the Star Hotels of Tamilnadu on 06.11.2019 with regard to the action taken by the respective hotels to avoid use and throwaway plastics in their premises along with effective solid waste management.
It was informed that the following changes have been implemented in their member hotels:
• Room service food containers replaced with Palm dhonnai, Palm plate • Plastic spoon, fork, knife, stirrer replaced with wooden/paper materials • Plastic Carry bags has been replaced with High Quality Paper Carry bags • Packing Boxes which were used with Plastic material has been replaced with 100% compostable material • Non-woven Laundry bags replaced with cotton bags. • Banquet non woven napkin replaced with cloth napkin • Plastic straw replaced with Paper straw • Proposal for Bottling plant to use water in rooms and other areas Disposable plastic bottles (500 ml) have been replaced with 20 litre dispensers reducing at an average of 6000 numbers of small plastic bottles / Month
xv) Awareness campaign was carried out Maha Karthigai Deepam, Tiruvannamalai District on 10.12.2019 in which gold and silver coins through lucky draw were issued to the devotes who brought eco friendly bags xvi) Subsequently, TNPCB conducted meeting with the officials from the Hindu Religious & Charitable Endowments department, Food Safety Department and TASMAC on 21.01.2020 and were informed on the effective implementation of ban of one time use and throw away plastics in the form of paper cups, plastic carry bags, non-woven bags are still in prevalence in various hotels, temple premises etc. The Hindu Religious & Charitable Endowments department has informed that all the temples had banned use and throw away plastics at their premises and the prasadams in prasadam stalls are provided in donnas, banana leaves, etc. archana baskets provided for carrying out archanas."
10. It was further mentioned therein that they were strictly monitoring the implementation of the G.O. and also taking action against those persons who were violating the same. They also mentioned that as per Rule 9 r/w. Rule 6 of the Plastic Waste Management Rules, 2016 as amended, the producers, importers and brand owners in co-ordination with the local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of plastic waste either on its own or engaging individuals under the Extended Producer Page 9 of 27 Responsibility. As Rule 13 of the Plastic Waste Management Rules, 2016, every producer or brand owner shall obtain registration from the CPCB, if they are operating in more than two States and from the SPCB, if they are operating in one or two States. The CPCB had issued EPR Registration to 89 brand owners and 4 producers as per Plastic Waste Management Rules, 2016 on PAN India basis and the said producers and brand owners are submitting the action plan to the respective State Pollution Control Boards. They were also informed by the CPCB by their letter dated 03.02.2019 that the Government of India was in the process of finalizing National Framework of EPR Action Plan and instructed the State Pollution Control Board not to take action against the brand owners/producers except to make them aware of their obligation as per the said Rules. The MoEF&CC had issued a Guideline Document on Uniform Framework for Extended Producer Responsibility on 23.06.2020 and invited comments/suggestions from all the stakeholders and after finalization, the same will be implemented in the State of Tamil Nadu.
11. The report submitted by the Tamil Nadu Pollution Control Board referred to above was considered by this Tribunal on 08.11.2021 and thereafter, passed the following order:-
"7. It is seen from the report that certain steps have been taken by the authorities for implementation of the Government Order notified as per G.O. (Ms) No. 84 dated 25.06.2018. In Para (6) of the report it was mentioned that, for effective implementation of plastic ban throughout the State, three Regional Coordinators have been appointed vide G.O. (Ms) No. 82 of Environment & Forest Department dated 15.06.2018 to work in close co-ordination with the District Collectors and Municipal Commissioners as well as the Chairman, Tamil Nadu Pollution Control Board (TNPCB). Also, the Government vide G.O.(D) No. 319 Environment & Forest Department dated 10.11.2018 had permitted the Senior Officials of Tamil Nadu Pollution Control Board (TNPCB), to co-ordinate with the respective Regional Coordinators for the implementation of plastic ban in the State of Tamil Nadu.
8. In Para (5) of the report, it was mentioned that the State of Tamil Nadu had constituted a ten-member Steering Committee under the chairmanship of Chief Secretary, Government of Tamil Nadu vide G.O(Ms) No. 92 dated 05.07.2018 of Environment & Forest Department for the purpose of monitoring the overall implementation of ban on one time and throwaway plastics irrespective of thickness from 01.01.2019. Steering Committee had conducted meetings thrice, of which last meeting was held on 05.04.2019 under the chairmanship of the Chief Secretary. Subsequently, as per Government Notification vide G.O.(Ms)No. 265 Environment & Forest Department dated 20.09.2018, direction was issued to all the Government Departments and all the Institutions/Corporations/Boards and Public Sector Undertakings under Page 10 of 27 the administrative control of Government Departments to strictly implement ban on "use and throwaway plastics" with immediate effect.
9. It is also seen from the subsequent paragraphs that certain steps have been taken and closure orders have been issued against the manufacturing units of such plastic articles. Awareness programmes were also conducted.
10. It is also mentioned in the report that in order to implement the Extended Producers Responsibility as contemplated under Rule 9 read with Rule 6 of the Plastic Waste Management Rules, 2016, certain steps have been taken at the central level through Central Pollution Control Board (CPCB) and Ministry of Environment, Forests and Climate Change (MoEF& CC) and certain guidelines were issued regarding this aspect and it was circulated on 23.06.2020 and invited comments and suggestions from all the stake holders.
11. It may be mentioned here, that the photograph produced by the applicant along with the advanced hearing application shows the pathetic condition of implementation of ban on one time and throwaway plastic bags and it is still continuing at the grass root levels especially by small vendors. If certain effective steps are taken by the regulators to trace out the sources from where they are getting from the plastic bags, they can effectively take action against those persons who are violating the same.
12. The Tamil Nadu Pollution Control Board (TNPCB) had also not come with the present status after issuance of the draft guidelines in 23.06.2020 issued by the Ministry of Environment, Forests and Climate Change (MoEF& CC) and the Central Pollution Control Board (CPCB) in respect of implementation of Extended Producers Responsibility of manufacturers of plastic articles as contemplated under Rule 13 of the plastic Waste Management Rules, 2016. There is no statement filed by the Chief Secretary or Principal Secretary for Environment regarding the present status of the implementation of the G.O. (Ms) No. 84 dated 25.06.2018 as mentioned above.
13. The District Collector, Chennai District also under the Plastic Waste Management Rules, 2016 has some pro-active role to play to implement the ban on the "use and throwaway plastics" at the grass root level. Steps will have to be taken by the Government to provide some assistance to such vendor by providing bio-degradable bags at subsidised rate through Government agencies, so that the use of non- biodegradable plastic bags of lesser thickness can be avoided by them. Whether such pro-active steps have been taken by the Government is not clear from the statements filed by the Greater Chennai Corporation (GCC) as well as the Tamil Nadu State Pollution Control Board (TNPCB).
14. When this was pointed out, the learned counsel appearing for the State Department, Tamil Nadu Pollution Control Board (TNPCB) and the Greater Chennai Corporation (GCC) submitted that if some time is granted, they may be able to come with the further status report regarding the implementation and the effective steps that had been taken by them to prevent use of such plastic bags by the general public as well as by the persons who are using the same for their business purposes.
15. Mere issuances of notice ban orders will not be sufficient, unless there is a will power, the Government agencies who are expected to implement the ban will not be able to implement the ban in its letter and spirit. Continuous monitoring and effective steps to penalise the persons who are responsible for the same are some of the methods by which it can be strictly implemented. If there is laxity on the part of enforcement agencies, then the same thing will continue and the ban will be only on paper and not in implementation. We hope that the responsibility of the regulators and the enforcement agencies is understood by them by the observation made by us and they will come with effective steps take to implement the ban in its letter and spirit in the State of Tamil Nadu.
16. The Chief Secretary and the Principal Secretary for Environment & Forest are directed to revive the Steering Committee and the Regional Monitoring Committees if they are not functioning effectively and then monitor its functioning and to take all effective steps to implement the ban in State of Tamil Nadu in its letter and spirit which is required for the purpose of not only protecting the environment, but also to protect the health of the people and living organism in the Universe. The Government must also understand the need for protecting environment which has been expressed by the World Page 11 of 27 Leaders in the recent UN Climate Change Conference (UNFCCC COP 26) held at Glasgow.
17. The above officials are directed to submit the respective report to this Tribunal on or before 09.12.2021, by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
18. The Registry is directed to communicate this order to the official respondents including the Chief Secretary, Principal Secretary for Environment and Forest, District Collector, Chennai District, Commissioner, Greater Chennai Corporation (GCC), the Chairman and the Member Secretary, Tamil Nadu Pollution Control Board (TNPCB) for their information and compliance of the direction of filing the further pro-active steps that have been taken by them to implement the directions in G.O. (Ms) No. 82 of Environment & Forest Department dated 15.06.2018."
12. This Tribunal also directed the Commissioner - Greater Chennai Corporation, District Collector- Chennai District, Tamil Nadu Pollution Control Board and the Additional Chief Secretary to Government - Department of Environment, Climate Change and Forests to file their respective further reports. Thereafter, the matter has been adjourned from time to time by successive notifications.
13. Again, the matter was taken up on 17.05.2022 and on that day, this Tribunal considered the status report submitted by the Greater Chennai Corporation, wherein it was mentioned that from 2019 to 10.04.2022, they had inspected and raided 5,44,327 shops and seized 3,47,539 Kgs of plastic and imposed a fine of Rs.1,91,61,802 against the violators. From 29.03.2022 to 10.04.2022, they had revisited 2,337 shops which had already been raided for banned plastics and 127 Kg of banned plastics were seized in Zone 2, 4, 5, 7, 8, 9, 10, 12, 14 & 15. The remaining shops were using alternate materials instead of banned plastic. They have further mentioned that they will be taking steps for cancellation of license, if repeated violations were noted. They had given the details of the shops inspected, fine collected, etc.
14. The applicant filed objection to the status report submitted by respondents No.3 & 5 and sought for the following directions to be issued:-
Page 12 of 27"(i) Direct the Respondents to take effective enforcement against woven carry bag manufacturers to curtail the production of the said bags and further issue publications clarifying that the said bags are in fact non-permissible plastic bags as was done in the case of non-woven carry bags to curtail the usage of the same.
(ii) Direct the Constitution of a Permanent Committee under the chairmanship of the 2nd Respondent for the periodic and continuous monitoring of the effective enforcement of the said G.O (Ms) No.84 dated 25.06.2018.
(iii) Direct the Respondents to ensure proper disposal of single use plastic waste, the improper disposal of which, has adverse implications for animal welfare and is further the largest contributor of micro plastic pollution which has also has adverse implications on the life of several marine animals."
15. After considering these reports, this Tribunal by Order dated 17.04.2022 directed the State Pollution Control Board and the State Government to file a statement regarding the mechanism provided by them at State level and District level for the purpose of implementation of the same and if there is any mechanism to supervise the action taken by them to implement the purpose for which it has been constituted. The applicant was also given liberty to file their suggestions, if any, for effective implementation and directed the Additional Chief Secretary to Government for Environment, Climate Change & Forests, State Pollution Control Board, and the Greater Chennai Corporation to file their respective further reports in this regard.
16. The matter was taken up on 18.07.2022 and on that day, the learned counsel appearing for the State Government produced the notification issued by the State of Tamil Nadu for enforcement of ban of single use plastic items and constitution of Special Task Force by G.O. (Ms.) No.25 Environment, Climate Change & Forests (EC.2) Department dated 07.02.2022 which reads as follows:-
"ENVIRONMENT,CLIMATE CHANGE AND FOREST (20.2) DEPARTMENT G.O.(Ms). No.25 Dated 07.02.2022 Read:
1. G.O.Ms.No.84, Environment and Forests (EC.2) Department, dated: 25.06.2018
2. G.O.Ms.No.92, Environment and Forests (EC.2) Department, dated: 05.07.2018 Read also 3. From the Joint Secretary to Government of India, Ministry of Environment, Forest and Climate Change D.O. Letter No. 17/6/2021 -
HSMD, dated: 24.06.2021.
Page 13 of 27ORDER:
In the Government Order second read above, Government have constituted a steering committee under the chairmanship of the Chief Secretary to Government to monitor the implementation of ban on one - time use and throwaway plastic respective of thickness with effect from 01.01.2019.
2. In the Government of India letter third read above, it has been decided to constitute a Special Task Force under the chairmanship of Chief Secretary to Government for taking measures to eliminate single use plastic and also to prepare a Comprehensive Action Plan for it's implementation in a mission mode
3. In modification of the Government Order second read above, the Government have decided to constitute Special Task Force with the following composition for preparation of a Comprehensive Action Plan for it's implementation in mission mode -
1) The Chief Secretary Chairman
Government of Tamil Nadu
Chennai-600 009
2) The Additional Chic Secretary to Government, Member
Environment, Climate Change and Forest
Department, Chennai - 600 009.
3) The Additional Chief Secretary to Government, Member
Home, Prohibition and Excise Department,
Chennai-600 009.
4) The Additional Chief Secretary to Government, Member
Finance Department, Chennai - 600 009.
5) The Additional Chief Secretary to Government, Member
Municipal Administration and Water Supply
Department, Chennai-600 009
6) The Additional Chief Secretary to Government, Member
Industries Department, Chennai-600 009.
7) The Principal Secretary to Government, Health Member
and Family Welfare Department, Chennai-600
009.
8) The Principal Secretary to Government, Rural Member Development and Panchayat Raj Department, Chennai-600 009.
9) The Secretary to Government, Labour Welfare Member and skill Development Department, Chennai - 600 009.
10) The Principal Secretary to Government, Member School Education Department, Chennai-600 009
11) The Principal Secretary to Government, Member Higher Education Department, Chennai-9.
12) The Additional Chief Secretary / Principal Member Secretary to Government, Youth Welfare 8 Sports Development Department, Chennai-600
009.
13) The Secretary to Government, Member
Micro, Small and Medium Enterprise
Department, Chennai-600 009.
14) The Director of Environment, Member
Chennai - 600 015.
15) The Chairman, Tamil Nadu Pollution Control Member
Board, Chennai - 600 032.
16) The Director, Information and Public Relations Member
Department, Secretariat, Chennai - 09.
17) State Co-ordinator for Swachh Bharat Mission Member
2.0 (Village/Rural)
18) State Coordinator for Swachh Blue Member
Mission 2.0 (Urban)
19) The Member Secretary, Tamil Nadu Pollution Member &
Control Board, Chennai-600 032. Convener
The meetings of Task Force will be convened once in two months.
* The Chairperson may co-opt members as required.
Page 14 of 27Terms of reference for the State level Special Task Force:
i. To prepare a comprehensive Action Plan for implementation of Plastic Waste Management Rules, 2016 and the plastic ban notification issued in Government G.O.Ms.No.84, Environment and Forests (EC,2) Department, dated 25.06.2018 and GOMs.No.116, Environment, Climate Change and Forest (EC.2) Department, dated 27.11.2021 and phasing out of Single Use Plastics, with identified activities and timelines and synergizing efforts and resources of various Departments/Agencies ar State, District and City level.
ii. Assess plastic waste generated in Stale with respect to collection, recycling and end of life disposal and identify gaps in plastic waste management (Reduce, Reuse and Recycle) - policy, implementation, enforcement, infrastructure etc. iii. Strengthen policy, regulatory, institutional mechanisms/structures for the implementation of Plastic Waste Management Rules (PWMR), 2016 and phasing out of Single Use Plastic (SUP) in the state, design appropriate management strategies and allow for allocation of financial resources for Plastic Waste Management including leveraging of funds from Swachh Bharat Mission, iv. Take measures for effective enforcement of (1) Plastic Waste Management Rules, 2016, as amended, and (ii) state/UT specific bans imposed on identified single use plastic items. v. Develop policies for supporting the adoption of alternatives to be identified against single use plastic items prohibited under Plastic Waste Management Rules, 2016, as amended. vi. Take measures to strengthen Urban Local Bodies/Gram Panchayats for segregation, collection, storage, transportation, processing, disposal of plastic waste.
vii. Take measures for effective monitoring of implementation of Plastic Waste Management Rules, 2016, as amended. viii. Prepare a detailed road map for activities to build awareness and outreach among public on plastic waste management and reduction in the use of SUP items.
ix. Develop strategy for building a strong public movement for mitigation of plastic pollution by involving education institutions (schools, colleges, universities), NCC, NSS, Scouts, Youth clubs, Eco clubs, Opinion makers and voluntary organizations, with a detailed action plan in this regard.
x. Effectively implement "Meendum Manjapai" Campaign through a broad based strategy for elimination of single use banned plastic products from Tamil Nadu.
xi. Promote eco-alternatives by effectively documenting and incentivizing such initiatives.
4. In order to have an effective implementation at ground level i.e. at local bodies level, District level and Municipal Corporation level, it is also proposed to constitute a District Level Task Force with following members :
1) The District Collector concerned Chairman
2) The Commissioner of the Municipal Member Corporation/Municipal Commissioners from that District, as the case may be
3) The District Level Officer from the Animal Member Husbandry, Dairying, Fisheries and Fishermen Welfare Department
4) The District Level Officer from the Food safety Member and Consumer Protection Department
5) The Assistant Director of Town Panchayats Member
6) The Assistant Director/ Regional Director of Member Commissionerate of Municipal Administration
7) The Assistant Director of Panchayats Member
8) The Regional Director of Collegiate Education Member
9) The Joint Director level Officer from the District Member Health and Family Welfare Department
10) The Chief Educational Officer concerned Member Page 15 of 27
11) The Joint/Assistant Commissioner from the Member Labour Welfare Department
12) The Deputy Director /Joint Director/ District Member Industries Centre (DIC)
13) The Public Relation Officer Member
14) The District Environmental Engineer of the Member & district concerned, Tamil Nadu Pollution Convener Convener Control Board
5. Terms of reference for the District Level Task Force :
The District Level Task Force will implement the comprehensive Action Plan prepared by the Special Task Force for implementation of Plastic Waste Management Rules, 2016 and the ban notification issued by the Government of Tamil Nadu for phasing out of Single Use Plastics at District and City level. The District Level Task Force will submit the plastic waste generated in the respective Districts with respect to collection, recycling and end of life disposal and identify gaps in plastic waste management The District Level Task Force shall take necessary measures for effective enforcement of (i) Plastic Waste Management Rules, 2016, as amended, and (ii) The ban imposed in the State on identified single use plastic items.
The District Level Task Force shall take measures to strengthen Urban Local Bodies/Grama Panchayats for segregation, collection, storage, transportation, processing, disposal of plastic waste. The District Level Task Force shall conduct necessary awareness activities with the strong public movement for mitigation of plastic pollution by involving education institutions (schools, colleges, universities), NCC, NSS, Scouts, Youth clubs, Eco clubs, Opinion makers and voluntary organizations. The District Level Task Force shall promote eco alternatives in place of single use banned plastic items.
District Level Task Force shall meet every month.
6. In respect of Greater Chennai Corporation area, the Principal Secretary / Commissioner, Greater Chennai Corporation will chair the Greater Chennai Area Task Force, with line department officials as mentioned in the District Level Task Force
7. Environment, Climate Change and Forest Department is designated as a Nodal Department in view of the Government Order first cited. Tamil Nadu Pollution Control Board will be the implementing agency to lead the people's movement against plastic in co-ordination with urban/rural local bodies.
(BY ORDER OF THE GOVERNOR) SUPRIYA SAHU ADDITIONAL CHIEF SECRETARY TO GOVERNMENT"
17. The State Pollution Control Board also filed a report dated Nil, e-filed on 09.06.2020 which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD
3. It is respectfully submitted that the Government of Tamil Nadu, notified G.O. Ms. No. 84 dated 25.06.2018 under Section 5 of the Environment (Production) Act, 1986 imposing ban on manufacture, storage, transport, supply, sale and use of 'use and throwaway plastics' such as plastic sheets used for food wrapping, spreading on dining table etc., plastic plates, plastic coated tea cups and plastic tumbler, water pouches and packets, plastic straw, plastic carry bag and plastic flags irrespective of thickness with effect from 01.01.2019. As per this notification, No person including shopkeeper, vendor, wholesaler, Page 16 of 27 retailer, trader, hawker or salesman shall use 'use and throwaway plastics
4. It is respectfully submitted that the Tamil Nadu Pollution Control Board in co-ordination with line departments has taken action for effective implementation of the ban on plastic, which includes awareness programmes through regional conferences, district environmental committee meetings, rallies at district headquarters, messages through social media, display board in national highway toll gates and so on.
5. It is respectfully submitted that as per G.O. Ms. No. 84 of Environment & Forest (EC.2) Department dated 25.06.2018, the District Environmental Engineers of TNPCB shall ensure prevention of manufacture of the banned plastic items. The units which are manufacturing throw away plastics, illegally are identified during regular inspection and monitoring process and are also brought to the knowledge of the Tamilnadu Pollution Control Board by way of complaints and other information. In this regard, directions for closure and disconnection of power supply were issued to 117 industries who were involved in the manufacture of banned plastic from January 2019 to October 2021.
6. It is respectfully submitted that in spite of various awareness and enforcement activities, it is found difficult to identify all plastic units manufacturing banned items which may co-exist and operate illegally in a small space within residential/commercial establishments. Most of these units are highly unorganized without proper registration with any of the Government authorities and function purely on temporary basis. In order to identify such units, TNPCB has issued a press release on 23.11.2021 to seek the co-operation of the public by way of appreciation and reward to them for their contribution to protect the environment in eradication of single use plastics on informing the details of illegally operating banned plastic manufacturing units to the respective jurisdictional District Environmental Engineers, TNPCB through email / letter / phone calls / Whatsapp. As a result, various complaints were received, upon which 54 number of plastic units manufacturing banned plastic items were identified and closed by the TNPCB.
7. It is respectfully submitted that the Government of Tamil Nadu has issued a G.O.(Ms) No. 116 of Environment, Climate Change & Forest (EC.2) Department dated 27.11.2021 notifying 4 strategies to be adopted to fight plastic pollution and eliminate single use plastics, roadmap for single use plastic ban, activities for "Meendum Manjappai"
campaign and proposed plans for successful implementation of the People's campaign on one time use and throwaway plastics.
8. It is respectfully submitted that in order to prevent single use plastic pollution and to revive traditional cloth bags, the Hon'ble Chief Minister of Tamilnadu has launched a mega event on 23.12.2021 by flagging off the "Meendum Manjappai" campaign, launch of Manjappai logo for the campaign, display of various eco-friendly alternatives in the exhibition stalls along with machineries for production of eco-friendly alternatives, screening of awareness short film on the ill effects of single use plastic and to use traditional cloth bag (manjappai) and also made an appeal to the public to use cloth bags and to avoid single use plastics.
9. It is respectfully submitted that all the District officials of TNPCB were directed to conduct the awareness campaign and also to carry out enforcement activities during the second week of December in coordination with the District Collectors. In this regard, an amount of Rs. 50,000/- each were sanctioned to every district offices of TNPCB to carry out the said awareness campaign in co-ordination with the District Administration. The awareness campaign carried out in various districts includes viz., vehicle campaign, distributing pamphlets to the public,display of posters in public gathering areas such as hospitals, hotels, industrial estates, Malls, Bus stand, Railway station, Theaters and so on.
10. It is respectfully submitted that apart from taking action against manufacturers of banned plastics and conducting awareness, TNPCB has also addressed and issued directions to various line departments to take action on the storage, supply, transport, sale, use and distribution of use and throwaway plastics. In this regard, the Commissioner, Greater Chennai Corporation has been requested vide letter dated 25.11.2021 to take necessary steps to conduct periodical Page 17 of 27 raids and impose penalties in accordance with the Chennai City Municipal Corporation Act, 1919 as amended against the violators in the Koyambedu Integrated Market Complex and CMBT on the storage, supply, transport, sale, use and distribution of use and throwaway plastics.
11. It is respectfully submitted that all the District Collectors of Tamil Nadu were requested vide DO letter dated 18.11.2021 to conduct the District Environmental Committee meetings in a periodical manner, review the implementation of the plastic ban, undertake awareness campaigns and furnish report to the TNPCB on monthly basis. In view of the above, posters of more than 1000 numbers have been displayed in the District Collectorates, District offices of TNPCB, Government offices, schools, colleges, commercial establishments, etc., throughout the state. Further, circulars / notices / pamphlets on the banned plastic items, its ill effects and alternatives to banned plastics have been issued to the public by the TNPCB officials at all the districts in co-ordination with the District Administration.
12. It is respectfully submitted that the TNPCB vide Board Proc dated 21.01.2022 has issued directions to all the District Collectors to strictly implement the ban on use and throwaway plastic items, to conduct District Environmental Committee meetings in a periodical manner, to instruct the respective line departments to carry out stringent action against violators such as levying of fires and seizure of the banned plastics, to declare the Hill stations, sensitive Natural Habitats, tourists places and religious towns in the district as Plastic Free Zones and also to carry out successful implementation of "Meendum Manjappai" campaign and shall ensure the importance of traditional cloth bag / manjappai to all levels of people, students etc., and also make sure it is within reach of availability.
13. It is respectfully submitted that the TNPCB vide Board Proc. dated 26.02.2022 has issued directions under Section 5 of E(P) Act, 1986 to the Greater Chennai Corporation, Director of Municipal Administration, Director of Town Panchayats, the Director, Rural Development & Panchayat Raj Department to strictly implement the ban on use and throwaway plastic items as per the G.O.(Ms) No. 84, Environment and Forests(EC.2) Department,dated:25.06.2018 and to take necessary steps to conduct periodical raids and impose penalties in accordance with the Tamil Nadu Municipal Laws (Second Amendment) Act, 2019 and the Tamil Nadu Panchayats (Second Amendment) Act, 2019 against the violators in their jurisdiction on the storage, supply, transport, sale, use and distribution of use and throwaway plastics.
14. It is respectfully submitted that the TNPCB vide Board Proc. dated 11.03.2022 has issued directions under Section 5 of E(P) Act, 1986 to the Greater Chennai Corporation and Tambaram City Municipal Corporation to strictly implement the ban on use and throwaway plastic items and to take necessary steps to conduct periodical raids and impose penalties in accordance with the Tamil Nadu Municipal Laws (Second Amendment) Act, 2019 against the violators on the storage, supply, transport, sale, use and distribution of use and throwaway plastics and to comply with the Hon'ble High Court order dt. 28.02.2022.
15. It is respectfully submitted that the Tamil Nadu Government vide Gazette Notification dated 21.02.2019 has notified Tamil Nadu Municipal Laws (Second Amendment) Act, 2019 and the Tamil Nadu Panchayats (Second Amendment) Act, 2019 in which the 'Penalty for breach of by-laws made for prevention of use and throw away plastics' is notified against large & medium commercial establishments and small commercial vendors. In this regard, surprise raids and seizures are being effected in all shops, hotels, restaurants, markets etc for complete eradication of such type of plastics.
As a result, from January 2019 to April 2022, the Corporations have seized 992 tons of banned plastics and collected fine of Rs. 570 lakhs, Municipalities have seized 630 tons of banned plastics and collected fine of Rs. 263 lakhs and the Town Panchayats have seized 122.37 tons of banned plastics and collected fine of Rs. 140.97 lakhs.
16. It is respectfully submitted that the Government of Tamil Nadu have constituted a State level Special Task Force (STF), under the Chairmanship of Chief Secretary, District level task force under the Chairmanship of District Collector & under the Chairmanship of the Commissioner for Greater Chennai Corporation area vide G.O. Ms. No. 25 E,CC&F Department dated 07.02.2022 for monitoring the Page 18 of 27 implementation of Single use plastic (SUP) ban. The first meeting of the STF was held on 05.03.2022. All the nodal departments have been addressed to implement the action points and to make the initiatives for huge success in the State of Tamil Nadu. Similarly, in all the districts of Tamil Nadu, District Level Task Force have been conducted by the District Collectors.
17. It is respectfully submitted that the Ministry of Environment & Forests, Climate Change, Govt. of India vide notification dated 12.08.2021 has issued Plastic Waste Management (Amendment) Rules, 2021 in which certain Single Use Plastic items such as plastic/PVC banners less than 100 microns, cutlery items, ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (Thermocol) for decoration, plates, cups, glasses, etc are prohibited from 01.07.2022. Also, plastic carry bags less than 75 microns and non-woven plastic carry bags less than 60 Gram per Square Metre (GSM) have been prohibited from 30.09.2021 and plastic carry bags less than 120 microns have been prohibited from 31.12.2022.
18. It is submitted that inspite of the above amendment, the state of Tamilnadu enforces ban on use and throwaway plastics especially plastic carry bags and non woven bags are banned irrespective of size and thickness scrupulously from 01.01.2019 onwards. However, certain Single Use Plastic items such as plastic/PVC banners less than 100 microns, cutlery items, ear buds with plastic sticks, plastic sticks for balloons, candy sticks, ice-cream sticks will be follywed by the state of Tamilnadu from 01.07.2022 as notified in the Plastic Waste Management (Amendment) Rules, 2021.
19. It is respectfully submitted that the Ministry of Environment & Forests, Climate Change, Govt. of India vide notification dated 16.02.2022 has issued "Guidelines on Extended Producer Responsibility for Plastic Packaging" as Schedule II of Plastic Waste Management (Amendment) Rules, 2022. The said Guidelines provide the roles and responsibilities of Producers, Importers, Brand Owners, Central Pollution Control Board, State Pollution Control Board, recyclers and waste processors for effective implementation of Extended Producer Responsibility.
As per the said Schedule in 5.1, The following plastic packaging categories covers under Extended Producer Responsibility: (i) Category 1 Rigid plastic packaging
(ii) Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches;
(iii) Category III Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic),
(iv) Category IV Plastic sheet or like used for packaging as well as carry bags made of compostable plastics
20. It is submitted that as per the guidelines, CPCB has developed a centralized EPR portal for registration of Producers, Importers and Brand Owners (PIBOs) and Plastic Waste Processors (PWPs) and issued Standard Operating Procedure (SOP) for Registration of the same through the said EPR Portal and the same was launched on 05.04.2022. PIBOs are in the process of applying Registration in the above EPR portal.
21. It is respectfully submitted that a Review Application no. 89/2019 in W.P. No. 34065 of 2018 on similar matter has been in motion at the Hon'ble High Court of Madras with respect to the review of implementation of plastic ban in the state."
18. Heard the learned counsel appearing for the applicant and the respondents.
Page 19 of 2719. The learned counsel appearing for the applicant submitted that the respective departments are very slow in implementing the ban of single use plastic and stricter directions have to be issued to implement the same in its letter and spirit.
20. On the other hand, the learned counsel appearing for the State Departments, State Pollution Control Board and the Greater Chennai Corporation submitted that all necessary steps have been taken to implement the same and the Special Task Force were also constituted for the purpose of implementing the ban of single use plastic in an effective manner at all levels and review meetings were also conducted for that purpose.
21. We have considered the pleadings, submissions made by the learned counsel appearing for the parties and also perused the documents available on record.
22. Grievance in this application was regarding non- implementation of ban of single use plastic in the State of Tamil Nadu by implementing the ban issued as per G.O. (Ms.) No.84 Environment and Forests (EC.2) Department dated 25.06.2018.
23. It was mentioned in the application that though various writ petitions were filed challenging the G.O., the Hon'ble High Court of Madras had dismissed those writ petitions and directed the authorities to implement the same by end of 2019 and even in one of the cases, expressed its anguish regarding the bad effects of use of plastic on environment and health of the people and the necessity for proper disposal of the same in an effective manner and relevant paragraphs of the Judgment was extracted by us in the earlier paragraphs and as such, we not reproducing the same again.
24. It is well known accepted factor that use of plastic is causing health hazard and it was also proved that the micro plastic particles were found even in the Ambient Air, affecting the health of the people and it is high time for the Government Page 20 of 27 to take appropriate action regarding the regulation of use of plastic and phase out the injurious plastic namely, the single use plastic in a phased manner. Further, the provisions of the Plastic Waste Management Rules, 2016 also impose certain responsibility on the producers, manufactures, brand owners and the dealers for collection, segregation and disposal of the plastic generated by them under the Extended Producer Responsibility and now, the Central Government had issued certain guidelines regarding the implementation of the Extended Producer Responsibility on the manufacturers, importers, brand owners and dealers of plastic items.
25. Since the impact of plastic on environment and human health has increased alarmingly, the Government of Tamil Nadu had issued a Government Order banning the single use plastic vide G.O. (Ms.) No.84 Environment and Forests (EC.2) Department dated 25.06.2018.
26. It is also seen from the various reports submitted by the Greater Chennai Corporation and State Pollution Control Board that they are conducting series of raids of the industries who are manufacturing such banned articles and using such plastic in the shops and closure orders have been issued against the manufacturing units and electricity disconnection was effected and huge quantity of banned plastic was seized from the various shops and action has been taken by collecting huge fine as well. It is also seen from the report of the Greater Chennai Corporation that they have even amended the Chennai City Municipal Corporation Act, 1919 so as to enhance the fine for use of ban plastic by providing increased quantity of fine against successive violators.
27. Further, it is also seen from the Government Order issued by the State Government that Special Task Force have been constituted at the State level and District level for implementation of the Plastic Waste Management Rules, 2016 and the notification issued thereunder, including the ban of Page 21 of 27 certain plastic materials as per the G.O. issued. So, under such circumstances, it cannot be said that the Government is not taking steps to implement the plastic ban as envisaged in the G.O. mentioned above.
28. In view of the above, we feel that the application can be disposed of by giving following directions:-
a. The local bodies including Greater Chennai Corporation, Tamil Nadu Pollution Control Board, District Collector - Chennai District are directed to strictly implement the Plastic Waste Management Rules, 2016 including the Extended Producer Responsibility provided under the guidelines issued in 2020 and subsequent guidelines issued by the MoEF&CC and CPCB and take action against those persons who are violating the same by imposing environmental compensation, apart from imposing penalty as provided under the local laws and other environmental laws.
b. The Additional Chief Secretary to Government - Department of Environment, Climate Change & Forests and the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the implementation of the directions issued by the State Government by the Special Task Force constituted as per G.O. (Ms.) No.25 Environment, Climate Change & Forests (EC.2) Department dated 07.02.2022 and if there is any gap found, they are directed to issue necessary directions to implement the provisions of the Plastic Waste Management Rules, 2016 and further notifications and guidelines issued by the MoEF&CC in this regard, in its letter and spirit.
c. The Tamil Nadu Pollution Control Board in coordination with the District Collectors of each district and local bodies is directed to conduct awareness programmes among the public also regarding their responsibility and fundamental duty to avoid usage of such banned plastic and adopt environment friendly methodology of carrying cloth bags or Page 22 of 27 other alternate materials such as those fibres extracted from Bamboo, Aloevera, Banana Pseudo stem, water hyacinth, etc. whenever they are going for shopping and dissuade the habit of purchasing articles in banned plastic bags from the shop keepers and if any such incidents were brought to the notice and remind the responsibility of informing the authorities about their violation being committed by shop keepers and other dealers in this regard so that the authorities can take appropriate action against those violators in accordance with law.
d. The State Government in coordination with the Tamil Nadu Pollution Control Board have to evolve a policy of providing incentive to the manufactures/producers of products to replace plastic using eco-friendly method of alternate materials, so that it will give motivation for the manufacturers to rely on alternate materials and strengthen efforts to strictly implement the ban in its letter and spirit and extend their cooperation to the Government Departments in implementing the Government Order in its letter and spirit and discharge their fundamental duty to protect environment.
e. The Tamil Nadu Pollution Control Board in coordination with the Education Department and the State Legal Services Authority is directed to conduct awareness programmes among the school/college students including professional colleges regarding negative effects of use of plastic on the environment and motivate them to avoid plastic and educate them as to how the plastic articles will have to be collected, segregated and disposed of in a scientific manner as provided under the Plastic Waste Management Rules, 2016 including the practice of "RRR" viz., Reduce, Reuse and Recycle, as they are the best messengers to carry the onerous duty of implementing this practice among their parents and the residents of their locality. f. The Tamil Nadu Pollution Control Board, District Collector and the local bodies in coordination with the Residents Page 23 of 27 Association are directed to conduct awareness programme among the residents regarding the impact of plastic use and their responsibility of implementing the ban of plastic use in its letter and spirit.
29. In the result, the Original Application is allowed in part and disposed of with the following directions:-
i. The local bodies including Greater Chennai Corporation, Tamil Nadu Pollution Control Board, District Collector - Chennai District are directed to strictly implement the Plastic Waste Management Rules, 2016 including the Extended Producer Responsibility provided under the guidelines issued in 2020 and subsequent guidelines issued by the MoEF&CC and CPCB and take action against those persons who are violating the same by imposing environmental compensation, apart from imposing penalty as provided under the local laws and other environmental laws.
ii. The Additional Chief Secretary to Government - Department of Environment, Climate Change & Forests and the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the implementation of the directions issued by the State Government by the Special Task Force constituted as per G.O. (Ms.) No.25 Environment, Climate Change & Forests (EC.2) Department dated 07.02.2022 and if there is any gap found, they are directed to issue necessary directions to implement the provisions of the Plastic Waste Management Rules, 2016 and further notifications and guidelines issued by the MoEF&CC in this regard, in its letter and spirit.Page 24 of 27
iii. The Tamil Nadu Pollution Control Board in coordination with the District Collectors of each district and local bodies is directed to conduct awareness programmes among the public also regarding their responsibility and fundamental duty to avoid usage of such banned plastic and adopt environment friendly methodology of carrying cloth bags or other alternate materials such as those fibres extracted from Bamboo, Aloevera, Banana Pseudo stem, water hyacinth, etc. whenever they are going for shopping and dissuade the habit of purchasing articles in banned plastic bags from the shop keepers and if any such incidents were brought to the notice and remind the responsibility of informing the authorities about their violation being committed by shop keepers and other dealers in this regard so that the authorities can take appropriate action against those violators in accordance with law.
iv. The State Government in coordination with the Tamil Nadu Pollution Control Board have to evolve a policy of providing incentive to the manufactures/producers of products to replace plastic using eco-friendly method of alternate materials, so that it will give motivation for the manufacturers to rely on alternate materials and strengthen efforts to strictly implement the ban in its letter and spirit and extend their cooperation to the Government Departments in implementing the Government Order in its letter and spirit and discharge their fundamental duty to protect environment.
Page 25 of 27v. The Tamil Nadu Pollution Control Board in coordination with the Education Department and the State Legal Services Authority is directed to conduct awareness programmes among the school/college students including professional colleges regarding negative effects of use of plastic on the environment and motivate them to avoid plastic and educate them as to how the plastic articles will have to be collected, segregated and disposed of in a scientific manner as provided under the Plastic Waste Management Rules, 2016 including the practice of "RRR" viz., Reduce, Reuse and Recycle, as they are the best messengers to carry the onerous duty of implementing this practice among their parents and the residents of their locality.
vi. The Tamil Nadu Pollution Control Board, District Collector and the local bodies in coordination with the Residents Association are directed to conduct awareness programme among the residents regarding the impact of plastic use and their responsibility of implementing the ban of plastic use in its letter and spirit.
vii. Considering the circumstances, parties are directed to bear their respective costs in the application.
viii. The Registry is directed to communicate this order to the local bodies, District Collector - Chennai District, Commissioner - Greater Chennai Corporation, Chairman - Tamil Nadu Pollution Control Board, Member Secretary - Tamil Nadu Legal Services Authority, Additional Chief Secretary to Government - Department of Environment, Climate Change & Forests and the Chief Secretary to Page 26 of 27 Government, State of Tamil Nadu for their information and compliance of directions.
30. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.85/2020(SZ) 02nd August 2022. Mn.
Page 27 of 27