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mechanism or failure on the part of extended producer responsibility - they are not being recycled.

5. The petitioner association was also invited for a personal hearing on 14.11.2018, during which they contended that the use of reinforced papercups had not been banned in other states (such as Maharashtra, Karnataka and Orissa) which had also implemented a ‘plastic ban’. The association’s representation was rejected on 08.12.2018 by the TNPCB on two grounds: firstly, that this policy to ban one time use and throwaway plastics was to safeguard the environment in light of the Plastic Waste Management Rules, 2016 (hereafter ‘2016 Rules’); and secondly, that the Expert Committee had concluded that the composition of the product, madee it difficult to degrade under natural environmental conditions.

16. Counsel submitted that the High Court had proceeded on a misconceived notion on the ‘degradability’ of the cups. The question, however, is of ‘recyclability’ instead. That paper and LDPE coating can be separated in paper mills, is not in contention; the absence of a collection mechanism was the problem for which a total ban was a disproportionate solution. Citing Rule 6 of the Plastic Waste (Management & Handling) Rules 2016, the responsibility of creating and putting in place a collection mechanism was placed on the municipal corporations. The failure to do so, cannot impede the appellants’ right to carry out its business. Without conceding their case, counsel expressed the appellants’ willingness to cooperate with the authorities to improve the collection mechanism including through a buyback scheme of used cups.

50. The 2016 Rules were amended in 2018, 2021, and 2022. While the 2022 Amendment26 inserted the definition of ‘biodegradable plastics’27 in the Rules, the 2021 Amendment28 to the 2016 Rules, inserted the definition for ‘non-woven bags’ and ‘single use plastic commodity’ which read as follows:

(na) “Non-woven plastic bag” means Non-woven plastic bag made up of plastic sheet or web structured fabric of entangled plastic fibers or filaments (and by perforating films) bonded together by mechanical or thermal or chemical means, and the “non-woven fabric” means a flat or tufted porous sheet that is made directly from plastic fibres, molten plastic or plastic films;‟ […] (va) “Single-use plastic commodity” mean a plastic item intended to be used once for the same purpose before being disposed of or recycled;” 26 Plastic Waste Management (Second Amendment) Rules, 2022, G.S.R. 522(E) w.e.f. 06.07.2022. 27 Rule 3(ac) ― “Biodegradable plastic” means plastics, other than compostable plastics, which undergoes degradation by biological processes under ambient environment (terrestrial or in water) conditions, without leaving any micro plastics, or visible, or distinguishable or toxic residue, which has adverse environment impacts, adhering to laid down standards of Bureau of Indian Standards and certified by the Central Pollution Control Board” 28 Plastic Waste Management (Amendment) Rules, 2021 G.S.R. 571(E), w.e.f. 12.08.2021.