The Central Pollution Control Board (“CPCB”) has issued Guidelines for Environment Compensation (“EC”) to be levied for violation of E-Waste Management Rules, 2022 (“Guidelines”). The Guidelines provide the details of Environmental Compensation to be levied on the violators in accordance with provisions of Plastic Waste Management Rules, 2022 (“Principal Rules”).
Key Highlights:
- EC to be levied and penal action to be taken for non-compliance of Principal Rules are given as below along with nature of violation and the violator:
| Rules | Provision Details | Violations | Entities |
| 4(2) | In case any entity falls in more than one category under sub-rule 4(1), then the entity shall register under those categories separately. | Entities falling under more than one category but registered under only one category | Manufacturers, Producers, Refurbishers, Recyclers |
| 4(3) | No entity referred in sub-rule 4 (1) shall carry out any business without registration. | Operating without registration | Manufacturers, Producers, Refurbishers, Recyclers |
| 4(4) | The entities registered under sub-rule 4(1) shall not deal with any unregistered manufacturer, producer, Refurbishers, recycler and refurbisher |
Entity dealing with any unregistered entities | Manufacturers, Producers, Refurbishers, Recyclers |
| 4(5) | Where any registered entity furnishes false information or wilfully conceals information for registration or for filing returns or report required to be provided under these rules or in case of any irregularity | Submission of false information and/or wilful concealment of information | Manufacturers, Producers, Refurbishers, Recyclers |
| 4(5) | Where any registered entity furnishes false information or wilfully conceals information for registration or for filing returns or report required to be provided under these rules or in case of any irregularity | Submission of wrong sales data and/or wilful concealment of information on actual sales of EEE. | Producers |
| 5(3), 6(4), 7(4), 9(6),12(2)(iii) |
File annual and quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter or year, as the case may be, to which the return relates | Failure in filing the annual and quarterly returns | Manufacturers, Producers, Refurbishers, Recyclers |
| 6(2) | Provided that the producers having extended producer responsibility plan under the provisions of the erstwhile E-Waste (Management) Rules, 2016 shall migrate under these rules as per the procedures laid down by CPCB with approval of Steering Committee. | Operating without valid registration- Failure in migration from the erstwhile E-Waste (Management) Rules, 2016 to E-Waste (Management) Rules, 2022 |
Producers |
| 7(2) | Collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal | Non-channelization of e- waste-Not sending fractions/ material not refurbished in its facility to respective authorized recyclers of e-waste |
Refurbisher |
| 7(3) | Ensure that the refurbished equipment shall be as per Compulsory Registration Scheme of the Ministry of Electronics and Information Technology and Standards of Bureau of Indian Standards framed for this purpose | Non compliance with industry standards | Refurbisher |
| 9(2) | Ensure that the facility and recycling processes are in accordance with the standards or guidelines laid down by Central Pollution Control Board in this regards from time to time. |
Non compliance with CPCB Guidelines | Recycler |
| 9(3), 9(4) | All recycler shall have to, (3) ensure that the fractions or material not recycled in its facility is sent to the respective registered recyclers; (4) ensure that residue generated during recycling process is disposed of in an authorized treatment disposal facilitv. |
Not sending fractions/ material not recycled in its facility to respective authorized recyclers of e-waste |
Recycler |
| 9(5) | Maintain record of e-waste collected, dismantled, recycled and sent to registered recycler on the portal and make available all records for verification or audit as and when required. | Maintain record and documentation and make available all records for verification or audit as and when required |
Recycler |
| 11 | Procedure for storage of e-waste- Every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection and the storage of the e-waste shall be done as per the applicable rules or guidelines for the time being in force: Provided that the Central Pollution Control Board may extend the said period up to three hundred and sixty-five days in case the e-waste needs to be specifically stored for development of a process for its recycling or reuse. |
Storing E-waste beyond the prescribed time limit. |
Manufacturers, Producers, Refurbishers, Recyclers |
| 16(1), 16(2), 16(4 ), 16(5), 16(7),16(8) |
(1 )Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new electrical and electronic equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum concentration value of 0.1 per cent by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01 per cent by weight in homogenous materials for cadmium. (2) Components or consumables or parts or spares required for the electrical and electronic equipment placed in the market prior to the 1st May, 2014 may be exempted from the provisions. (4) Every producer of applications listed in Schedule-II shall ensure that the limits of hazardous substances as given in Schedule-II are to be complied. (5) Every producer shall provide the detailed information on the constituents of the equipment and their components or consumables or parts or spares along with a declaration of conformance to the reduction of hazardous substances provisions in the product user documentation. (7) Manufacture and supply of electrical and electronic equipment used for defence and other similar strategic applications shall be excluded from provisions of sub- rule (1). (8) Every producer shall provide information on the compliance of the provisions of sub-rule (1) and this information shall be in terms of self declaration. |
Non-compliance to ROHS provisions | Manufacturers, Producers |
| 22(2) | The Central Pollution Control Board shall also lay down guidelines for imposition and collection of environmental compensation on the producer in case of non-fulfilment of obligations set out in these rules and transaction or use of false extended producer responsibility certificate and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, Forest and Climate Change. |
Transaction or use of false extended producer responsibility certificate | Recyclers And Refurbishers |
| 22(2) | The Central Pollution Control Board also lay down quidelines for imposition and collection of environmental compensation on the producer in case of non-fulfilment of obligations set out in these rules and transaction or use of false extended producer responsibility certificate and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, Forest and Climate Change. |
Non-fulfilment of obligations | Producers |
| 22(5) | False information resulting in over generation of extended producer responsibility certificates by recycler shall result in revocation of registration and imposition of environmental compensation which shall not be returnable and repeat offence, violation of these rules for three times or more shall also result in permanent revocation of registration over and above the environmental compensation charges. |
Submission of False information resulting in over generation of EPR certificates |
Recyclers |
| SOPs of Registration as on E-Waste EPR Portal |
The validity of registration will be of five (05) Years from the date of grant of Registration | Renewal of Registration | Producer, Recycler and Refurbisher |
| E-Waste (Management) Rules, 2022 |
NA | Any other violation of the E-Waste (Management) Rules, 2022 and amendments thereof and not listed above |
Manufacturer, Producer, Recycler, Refurbisher and any other stakeholders or entities involved in E-Waste Value Chain. |
- Assessment of Environmental Compensation to be levied for violation of the any other sub-rules of the E-Waste (M) Rules, 2022 or any other violation other than mentioned in the table above shall be done on case-to-case basis.
- Approach for Determination of EC-
-
- EC Regime 1- In this regime, EC will be levied to the Producers for non-fulfilment of EPR target end product wise. It will be calculated as- Cost of collection + Cost of Transportation + Processing Cost = EC (Highest price of exchange of EPR Certificate). Further, the detailed cost components and EC in terms of EEE items category are provided.
- EC Regime 2- In this regime, EC will be levied to any entity for non-compliances of E-Waste (M) Rules, 2022 and amendments thereof. Under the EC Regime 2, the basis for calculation of EC shall be registration fee. Further, the detailed EC for producers, recyclers, manufacturers and refurbishers are provided for different defaults.
- Details of Environmental Compensation to be levied and the penal action to be taken for non-compliance of E-Waste (Management) Rules, 2022 and amendments thereof, along with the nature of violation and the violator are given.
For a detailed information please refer to the hyperlink below.
Source: Central Pollution Control Board
