The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the large-scale evasion of the plastic waste disposal norms under the Extended Producer Responsibility (EPR) System in Tamil Nadu.
The Petition is registered suo-moto on the basis of the news item dated 30.07.2024.
As per the news item, more than 30% of plastic waste generating firms have evaded the system. The authorities are unaware as to where the plastic waste gets disposed of or dumped. The article highlights that in February 2022, the Union Government mandated that all plastic waste generators register with the EPR portal under the Central Pollution Control Board (CPCB). As of July 2024, 30% of the total 1,095 plastic waste generators in Tamil Nadu have avoided this requirement, failing to declare the quantity and type of plastic they generate. Furthermore, as many as 323 plastic waste generators, including producers and brand owners, are yet to register. This lack of compliance means there are no records of plastics being recycled or properly disposed of. Unregistered companies may dump plastics in open spaces, landfills and water bodies or engage with informal recyclers who violate legal and environmental norms.
The news item further alleges that the Tamil Nadu Pollution Control Board had instructed all plastic waste generators to register on the EPR portal by May 31, 2024, or face penalties, including environmental compensation. However, no penalties have been imposed yet.
The article also claims that The EPR portal, designed to help waste generators match with recyclers, is not free of flaws. “Waste generators can collect the same amount and type of waste they generate from anywhere for recycling. They may supply waste to villages but collect from cities due to greater accessibility and lower transport costs. This practice does not address the local dangers of plastic waste.
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel , have been informed that a somewhat similar position exists in all the States, hence it is a Pan India issue . Therefore the Court impleaded respondents related to all the States and Union Territories.
The Bench issued notice to the Respondents and listed the matter on 05.09.2024.