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State of Bihar - Section

Section 14 in Nagar Panchayat Makhdumpur Plastic Waste Management Bye-laws, 2018

14. Stakeholder's Responsibilities.

- 14.1. Responsibility of the Nagar Panchayat Makhdumpur - (a) ULB shall develop infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or through any other government agency or by engaging agencies or producers;(b)ULB shall be responsible for co-ordination of the waste management system and for performing the associated functions, namely;i. Ensure segregation, collection, storage, transportation, processing and disposal of plastic waste;ii. Ensure that no damage is caused to the environment during this process;iii. Ensure channelization of recyclable plastic waste fraction to recyclers;iv. Ensure processing and disposal of non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board;v. Create awareness among all stakeholders about their responsibilities;vi. Engage civil societies or groups working with waste pickers,vii. Ensure that open burning of plastic waste does not take place.(c)ULB shall establish plastic waste collection center on its own or by engaging any agency, where any waste generator or waste pickers can directly deposit plastic wastes. This will also be the place for dissemination of information on waste reduction, source segregation of waste, prohibition on open burning of plastic waste, etc. for sensitization.(d)The ULB shall encourage the minimisation of plastic use within its jurisdictional limits by generating awareness on the problems presented by excessive use of plastic, the short term and long term effects of plastic waste on the environment, alternate non-plastic substitutes of plastics etc., on a continuous basis and shall provide budget for the same.(e)The fund collected by the ULB as fine shall be kept in a separate account and shall be utilized for infrastructure, logistics and for the overall sustainability of the waste management system within their jurisdictions.(f)The urban local body,for setting up of system for plastic waste management, shall seek assistance of manufacturer, producers,and brand owners.
14.2Responsibility of waste generator. - (a) The Waste Generator shalli. take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2016 or as amended from time to time and store it in the bin meant for non-biodegradable waste;ii. not litter the plastic waste and ensure segregated storage of waste at source and hand over segregated waste to the waste collector or agencies authorized by the urban local body for waste collection or handover to registered waste pickers', registered recyclers.
(b)All institutional generators of plastic waste shall segregate and store the waste generated by them in accordance with the Solid Waste Management Rules, 2016or as amended from time to time.
(c)All waste generators shall pay such user fee or charge as may be specified in the Bihar Municipality Solid Waste Management Bye-laws, 2018 for plastic waste management such as waste collection or operation of the facility thereof, etc.,
(d)Every person responsible for organising an event or gathering of more than one hundred persons in open space, which involves service of food stuff in plastic or multilayered packaging shall segregate and manage the waste generated during such events. The person should inform the ULB at least 3 working days prior to the date of event/function and request the ULB to place two numbers of 1.1 cum container for storage of such segregated waste by paying daily rental charges as fixed by Nagar Panchayat Makhdumpur.
14.3Responsibility of producers, importers and brand owners. - (a) The producers, within a period of six months from the date of publication of this bye-law, shall work out modalities for waste collection system based on Extended Producers Responsibility and involving State Urban Development Departments, either individually or collectively, through their own distribution channel or through the local body concerned.
(b)The producer shall register with the Bihar State Pollution Control Board.
(c)All the producers, brand owners or importers who sell or market their products using multi-layered plastic sachet or pouches or packaging, etc. are primarily responsible to establish the system of collecting back the plastic waste generated due to their products.
(d)Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection is to be submitted to the State Pollution Control Boards while applying for Consent to Establish or Operate or Renewal.
(e)Every producer shall maintain a record of details of the person engaged in supply of plastic used as raw material to manufacture plastic sheets or like or cover made of plastic sheet or multilayered packaging.
(f)The manufacturer/brand owner/producer of recyclable multi-layered and paper-based carton packaging material using plastic, shall diligently implement their Extended Producer's Responsibility (EPR) Plan which includes co-ordination/ collaboration with existing Waste Pickers/Scrap Traders, retailers for collection of plastic waste and its subsequent recycling and final disposal through their own established recycling plants or registered recyclers by establishing Producer's Responsible Organisations (PRO), which shall be responsible for 100% integral Plastic Waste Management right from collection to final disposal.
(g)It shall be the sole responsibility of the PET Bottle producer/industries to ensure that these bottles are collected from retailers at refund rate or buy back rate as decided by the producers and also ensure that these are recycled. It is the responsibility of the producers to print clearly the refund/buy-back price on the PET bottles.
(h)It shall be mandatory on the part of the bulk consumers of PET bottles such as hotels, marriage/party halls, outdoor event locations, offices/institutions provide space for collection of plastic waste.
(i)Manufacturing associations for retail packaging material and retailer's associations shall collectively work to create a mechanism for the collection of plastic packaging material used for packaging of groceries and grains through a buy-back mechanism and ensure the recycling and final disposal of the collected plastic materials.
14.4Responsibility of retailers, street vendors, eateries/sabjiwalla etc. - (a) No person including a shopkeeper, vendor, wholesaler, retailer, trader, eatery, hawker, feriwala or sabjiwala shall sell or store or distribute or use any kind of plastic carry bags for storing or dispensing of any eatable or non-eatable goods or materials.
(b)The shopkeeper, vendor, wholesaler, retailer or trader of plastic carry bags shall phase out the use, sell or stock within a period of 60 days (i.e., by 13.12.2018) of notification on plastic carry bag by Department of Environment, Forest & Climate Change, Government of Bihar and beyond such time period the sale, store or use of any such plastic carry bag shall be subject to fine as specified in Schedule-I of these Bye-laws.
(c)Every retailer or street vendor selling or providing commodities in multilayered packaging or plastic sheets or like or covers made of plastic sheets which are not manufactured or labelled or marked in accordance with these rules shall be liable to pay such fines as specified under Schedule-I of these Bye-laws.
14.5Responsibilities of State Pollution Control Board (SPCB), Bihar. - (a) The State Pollution Control Board shall be the authority for enforcement of the provisions of these rules relating to registration, manufacture of plastic products and multilayered packaging, processing and disposal of plastic wastes;
(b)State Pollution Control Board, Bihar shall prepare and submit an annual report on implementation of PWM Rule 2016 to the Central Pollution Control Board (CPCB) by 31st July, of every year.
14.6Responsibilities of District Level Review & Monitoring Committee. - District Level Review and Monitoring Committee shall undertake the following actions:
(a)Review and monitor the works related to solid and plastic waste management activity.
(b)Review the action plan of Urban Local Bodies of the district on solid and plastic waste management and ensure implementation of all the provisions of Solid and Plastic Waste Management Rules, 2016.
(c)Direct the Urban Local Bodies to prepare the baseline database and situation analysis of Solid and Plastic Waste.
(d)Monitor the progress of the campaign of solid waste/plastic waste management and make periodic corrections as needed and participate in regular review and co-ordination with the Urban Development and Housing Department and other state coordination agencies.
(e)Review the performance of Urban Local Body at least once in a quarter on solid and plastic waste management and identify and allocate suitable land to the Urban Local Body for setting up solid waste processing disposal facility.
(f)Direct and work in coordination with support organisations, line departments and civil society organisations in setting up systems that enable community level monitoring and management of solid and plastic waste.
(g)Entrust responsibility to any committee/sub-committee for ward level monitoring in consultation with the Urban Local Body.
14.7Responsibilities of City Squad/task force. - The City Squad/task force shall undertake the following actions:
(a)Conduct surprise inspections in various shops, eateries, sabjiwalla & commercial shops across the city and seize banned plastic carry bags being used by these traders.
(b)Confiscate the banned polythene packaging material and allied products having thickness less than 50 microns and not labelled or marked as per provisions made in Plastic Waste Management Rules, 2016.
(c)Collect such fines from the defaulter as prescribed in Schedule-I of this bye-law.
(d)Stop inter-state movement and sale of plastic carry bags in the city.
(e)Prevent any person/trader/stockist from any outside areas from selling plastic carry bags in the city.