Zee News

HC questions Delhi govt on plastic ban

 

New Delhi: The Delhi High Court Tuesday issued notice to the central and city governments on a petition filed by the All India Plastic Industries Association (AIPIA), challenging the government's notification imposing a blanket ban on plastic bags in the capital.

A division bench of Chief Justice D. Murugesan and Justice Rajiv Sahai Endlaw sought a reply from the city government and others in the matter and posted it for further hearing Nov 23, the day the city government is set to implement the notification.
The court also issued notice to all the civic bodies, the Delhi Pollution Control Committee, Delhi Cantonment Board and Green Planet Waste Management Pvt. Ltd. in this regard.

The AIPIA moved the court challenging the draft notification issued by the Delhi government Oct 23 that imposed a blanket ban on plastic from Nov 23, under which no person can manufacture, import, store, sell or transport any kind of plastic bag in the city.

From Nov 23, all kinds of plastic bags, even those used to cover magazines, books or invitation cards, will not be allowed. Garbage bags will not be allowed too.

However, the ban will not affect the use of plastic specified under the Bio-medical Waste (Management and Handling) Rules, 1998.

Plastic used to pack food products such as milk, cooking oil, flour bags and plastic cups largely used by tea vendors will be allowed.

Approaching the court, the plastic manufacturers association said: "Declare impugned notification dated 23 Oct, 2012, null and void being ultra vires to the Parent Act, i.e. Environment Protection Act, 1968, and rules framed there under. The notification is also violating fundamental rights of petitioner."

Senior advocate Arvind Nigam appearing for petitioner said the city government exceeded its jurisdiction while issuing notification as only the central government can issue such a notification.

The plea said that the government acted in "haste without deciding the question of legal competence" while issuing the notification. It claimed that the issue of jurisdiction is pending before the Supreme Court.

"The Delhi government in a fanatic pursuit to endorse its predetermined agenda of completely closing down the plastic bags industry in arbitrary and unreasonable manner, brushed aside the objections of the petitioners," said the plea.

The petition said: "The notification, banning the manufacturing of plastic bags would jeopardise livelihoods of lakhs of people directly and indirectly associated with the plastic bags industry and the business of petitioner and constituent members shall come to a standstill."

 

Indian Express

 

Plastic manufacturers move HC against ban on plastic bags

A plastic manufacturers' association on Tuesday approached the Delhi High Court challenging the city government's notification imposing a blanket ban on plastic bags in the capital.

A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw issued notices to the Centre and the city government and sought their replies by November 23 on a plea by All India Plastic Industries Association (AIPIA) against the October 23 notification.

The notification, under which no person can manufacture, import, store, sell or transport any kind of plastic bag in the city, will come into force from November 23.

The court also issued notice to all the civic bodies, Delhi Pollution Control Committee (DPCC), Delhi Cantonment Board and Green Planet Waste Management Pvt Ltd.

According to the notification, from November 23 all kinds of plastic bags, including those used to cover magazines, books, invitation cards, will not be allowed. Garbage bags too will not be allowed.

The ban, however, will not affect the use of plastic specified under the Bio-medical Waste (Management and Handling) Rules, 1998.

Plastic used to pack food products such as milk, cooking oil, flour bags as well as plastic cups, largely used by tea vendors, are also allowed.

The plea by plastic manufacturers' association said, "Declare impugned notification of October 23, 2012 null and void being ultra vires to the parent Act, i.e. the Environment Protection Act and Rules framed thereunder. The notification also violates the fundamental rights of the petitioner."

Senior advocate Arvind Nigam appearing for the petitioner said the city government has exceeded its jurisdiction in issuing the notification.

He said, "The government exceeded its jurisdiction in issuance of the notification in haste without deciding the question of legal competence and the issue of jurisdiction is pending before the Supreme Court."

"The Delhi government in a fanatic pursuit to endorse its predetermined agenda of completely closing down the plastic bags industry brushed aside the objections of the petitioners in arbitrary and unreasonable manner," the petition said.

It added, "The notification, banning the manufacturing of plastic bags would jeopardise the livelihoods of lakhs of people directly or indirectly associated with the plastic bags industry and the business of petitioner and the constituent members shall come to standstill."

 

 

 

 

Govt grapples with notifying plastic ban

Darpan Singh, Hindustan Times
New Delhi, September 26, 2012

A fortnight after the state cabinet passed an order imposing a blanket ban on the manufacture, sale, storage and use of plastic bags in the Capital, the government is yet to issue a notification.

Officials say the notification will take "a week or two" because of "some procedural

delays" and "practical issues".

A notification was expected within a week of the cabinet order. The ban will be enforced only seven days from the date of notification in accordance with a Delhi high court order.

Sanjiv Kumar, principal secretary (environment), told Hindustan Times on Wednesday, "The notification can be issued next week. It can come this week as well. We're constantly working on it. We need to issue a one-month notice to plastic manufacturing companies in accordance with a court order."   

"This (enforcement of the ban) is a multi-department activity. Delhi Pollution Control Committee, the three municipal corporations, environment and labour departments and sub-divisional magistrates will be responsible for enforcing the ban. DPCC and SDMs will act as prosecution agencies," said an official.

The markets are also not giving the right signals.

Ashok Randhawa of Sarojini Nagar mini market association said, "Our 300-odd shops consumed 100 kg of plastic bags. After the cabinet order, it has come down but only by 25%."

He said use of plastic would not stop till the manufacturing was banned.

"Traders are smart. Most are not getting their shops' names printed on bags for fear of penal action."

There is economics involved as well.

"A plastic bag costs Rs. 1, while a jute bag costs Rs. 8. We will be either suffer losses or pass on the burden to buyers, which will again not augur well for us," he said.

Similar responses came from markets in Kamla Nagar, Khan Market, Defence Colony and Mayur Vihar. 

Praveen Khandelwal of Confederation of All India Traders' Association said, "We support the ban but the government is not providing a reasonable and affordable alternative. About 20 lakh bags are used every day in the Capital. The 5,000-odd manufacturing factories will be shut, rendering thousands jobless."

About 8,000 MT municipal solid waste is generated every day in Delhi.

"It's not practically feasible to line garbage bins with paper," said Pritam Pal Singh, a resident of Mayur Vihar.

"Items such as meat, sweets and curd cannot be sold wrapped in paper. Groceries are also sold best in plastic bags to ensure freshness," he said.

 

Times of India

26 Sep 12

 

No Blanket Ban on Plastic

 

BANGALORE: Going the Delhi way by putting a blanket ban on its manufacture, sale, storage and use is not the solution to tackle the plastic menace, asserted Karnakata State Pollution Control Board (KSPCB) chairman Vaman Acharya.

"We will instead put in place segregation units, either automatic or semi-automatic, where plastic can be recycled and converted into good alternative fuel for stationary engines," he said.

 

For this, the board is in talks with some entrepreneurs who are running these plants quite successfally. "The idea is to create value for all used-varieties of plastic and making segregated plastic a source of income for these entrepreneurs”  said Aeharya.

To be run in a few units, these plants will concert the heterogeneous heap of waste into a less heavy liquid form which will be homogeneous in nature.

"Mature technology is available in the city. The need is to first ensure that plastic is segregated and made into something useful. Later we can look at improving the quality of the manufactured fuel," said Aeharya.

and made into something useful. Later we can look at improving the quality of the manufactured fuel," said Aeharya.

 

KSPCB logic

 

Given that chappals, tyres, broken furniture, bottles and cloth material like nylon and polyester also comprise plastic, KSPCB chief Aeharya said it is difficult to impose a total ban on plastic.

Even if there is organic waste thrown in a plastic bag, it defeats the purpose of segregation. Significantly, BBMP has said that the pourkarmikas will refuse to take the organic waste put inside a plastic bag. The mandate makes it essential for citizens to empty the contents of the plastic bag into the waste pushcarts.

 

KSPCB, however, is considering the viability of banning plastic up to 40 microns. Currently, the ban is on plastic of 20 microns or less thickness. Thicker plastics are more environment-friendly than the thin ones for many reasons. Thin plastic bags are quite affordable compared to the thicker ones and are therefore not reused much. Recycling the same is quite difficult given that at least 2OO-odd plastic bags need to be collected to make it one kilogram (one of the reasons why ragpickers avoid picking them up too). Also, by virtue of being light-weight, these plastic bags disintegrate fast, thereby polluting the environment.

 

Times of India
12.9.12

Delhi slaps blanket ban on plastic bags

The writer has posted comments on this article

TNN | Sep 12, 2012, 02.24AM IST

  

NEW DELHI: After a false start three years ago, Delhi may finally be on the road to being free of plastic bags. The Delhi cabinet on Tuesday approved imposition of a blanket ban on use, storage, sale and manufacture of plastic bags in the city.

The new ban, more comprehensive and better thought out, will supersede the earlier notification issued in January 2009 that prohibited only the use, storage and sale of plastic bags in commercial areas.

"There will be no leniency in implementing the blanket ban and crackdown on violators will be more aggressive this time," chief minister Sheila Dikshit said.

A notification on the ban will be issued soon and the government will have one year from that date to implement the ban completely.

The 2009 ban failed to make any difference in the city largely due to poor implementation. This time, the government has moved to plug loopholes in that law.

The ban has been extended to include all plastic bags, even those made of virgin or bio-degradable plastic of 40 microns or more thickness, which had previously been permitted. The only exception will be use of plastic carry bags under the Bio-Medical Waste Management and Handling Rules of 1998.

The ban now includes manufacturing of plastic bags and use of plastic sheets, films or covers for packaging books, magazines or cards.

Plastic ban: Traders say govt ignored them

"The 2009 ban did not do too well since the crackdown on violations was poor. Although a number of agencies had been authorized to take action, only the Delhi Pollution Control Committee (DPCC) carried out raids. With plastic bags proliferating in the city, this action was just not sufficient," said a senior government official.

The official added that the DPCC member secretary was required to personally appear in court to file challans against offenders. "On such days, he spent his entire time in court and that took a huge toll on other work," he said.

Since in the previous order manufacturing was permitted within the city limits, these bags finally made their way to local markets. "There was also confusion regarding the kind of plastic bags permitted. In the previous ban, bags of 40-micron thickness or more and biodegradable plastics were permitted. But since there is no way of measuring thickness or assessing the plastic without sending the bag to a laboratory, we decided to impose a complete ban," he said.

The ban is also likely to be more effective this time, say sources, because it is a government initiative and not due to the high court's orders which brought about the 2009 ban. "The previous ban was imposed since civic agencies were unable to handle the city's municipal waste problem. The court said since they couldn't handle the waste, they should ban the problem issues, one of which was plastic. Now that the government is acting on its own intent, implementation should be better," said Bharti Chaturvedi, director of NGO Chintan.

Around one lakh people are directly employed in manufacturing of plastic bags and a few lakh more in selling and distribution. However, barely a fraction of them are recognized by the government since only 200-300 of the nearly 4,000 manufacturing units are actually authorized. The remaining are located in unrecognized industrial areas and function without a licence from the state pollution control board.

Expectedly, the ban has met with heavy criticism from the traders' associations, who said the government did not take their concerns into account.

"The matter is already in the Supreme Court and only the final hearing is to take place. Why was the government in such a hurry to bring about another proposal? Now that the cabinet has cleared this ban, we will appeal to the SC to conduct final hearing in the case as soon as it can," said Ravi Agarwal, chairman of the environment committee of the All India Plastic Industries Association.

Agarwal said when the draft notification for the ban was issued, the high court had said that the government will not be allowed to implement it for a week from the date of notification. "We will approach the HC in this matter now," he added.

The ban on manufacturing is what is pinching the industry. "The earlier ban rendered thousands jobless but at least the industry in Delhi did not shut down. Around 4,000 carry bag manufacturing units are functioning across the city and once the market was closed to them, they had started supplying to neighbouring states. Now, even this option has been closed," said Taresh Singh, a trader.

"Lakhs of people will lose their jobs but the government seems to have given them no thought. We will take a representation to the chief minister and ask her to constitute a task force comprising the industry and government officials to work out alternatives to plastic and formulate a rehabilitation plan," said Praveen Khandelwal, general secretary, Confederation of All India Traders.

Times View

This ban likely to be more effective

The proposed ban may well be greeted with scepticism given the fate of similar moves in the past. However, there is reason to believe that it might be more effective this time. One key factor is that the executive has initiated this ban rather than being forced by the judiciary into doing so. Also, there are no fine distinctions being drawn between plastic bags of varying thickness, which makes it easier to enforce. We hope, therefore, that this ban will be more effective than attempts in the past. Given the fact that some states have managed to do so, there is no reason why a geographically smaller territory like Delhi should be unable to make it work.

 

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Mangalorean.com

 

Oxo-Biodegradable and Compostable bags. . . . Its The Solution!

By Goldwin Fernandes [ Published Date: September 7, 2012 ] In the wake of environment concern today, with all the hype that the media has given to the so called ill effects the use of plastic bags have on the environment, the consumers are led to believe that plastic is an evil to be extinguished. They find themselves in a position of whether or not to accept or refuse a plastic carry bag offered in a grocery store, mall, shopping centre etc. The solution to this is the use of Oxo-Biodegradable bags. Plastic made from oil , i.e.,conventional plastic bags used weren't biodegradable,but now can be made biodegradable by adding certain salts of transition metals. These bags are economical and better for the environment . They contain salts of cobalt , iron or manganese which are trace elements required in the human diet and are hence not harmful. These should not be confused with toxic heavy metals like lead , mercury, cadmium and chromium which are not used in the manufacture of Oxo-Biodegradable bags. At the end of its useful life the bag falls apart and completely biodegrades leaving no harmful residue. And whats more interesting to note is that the bag does not just fragments, but will be consumed by bacteria and fungi. When it has reached the stage of fragmentation it is biodegradable in the same way as that of nature's waste , such as straw and twigs. This process will continue till the entire bag has biodegraded to nothing more than carbon dioxide , water and humus . It does not leave any fragments of the bag in the soil (ASTM 6954-04). We need biodegradable carry bags today because tonnes of synthetic plastic waste is entering the world's environment everyday and will remain there for an extended period of time . Oxo- Biodegradable bags pass all the usual and compulsory test such as Degradability, Biodegradability and Toxicity tests carried out in accordance with the international standards laid down by American Standards for Testing and Materials (ASTM D6954-04). One of the benefits of Oxo-Biodegradable bags is that it can be recycled as part of the normal plastic waste stream. Apart from that it can be composted (not as per ASTM D6400), left in a landfill to naturally biodegrade or can be incinerated with energy recovery and be used as fuel. This goes to show that there is always development in the field of polymers. Environmentalists who lack technical expertise in this field suggest the use of paper bags , cloth bags or jute bags as an alternative. They are unaware of the negative effect these alternatives have on the environment. The process of making paper causes 70% more atmospheric pollution than manufacture of plastic bags . Paper bags use 300% more energy to produce and the process of making paper uses huge amount of water and creates a very unpleasant waste . It would take around 7 times the number of trucks to transport the same number of paper bags creating 7 times more cost and transport pollution . Besides cotton and paper contributes to greenhouse gases which are a main factor of the much dreaded global warming. Paper will disintegrate when wet which is not the same as bio-degradation . Paper bags are 5 times more expensive . Oxo-Biodegradable bags are certified as safe for the environment and for any food contact application . Another important feature of the Oxo-Biodegradable bag is that it can be programmed to degrade in whatever timescale required . The average life of the Oxo-Biodegradable bag is 12months , but shorter periods such as 4 months and longer time periods can be programmed during the manufacture. During this period the bags are re-used for shopping , or for use as bin liners etc. This is a popular choice of material for use in agriculture and widely used around the world. Long term re-usable shopping bags, be it cloth or jute or paper is not the answer to our problems. They are much thicker and more expensive , and a large number of them would be required for the weekly shopping of the average family. They are not hygienic unless constantly cleaned after each use . They have the highest GWP (Global Warming Potential) as per the latest report (Feb 2011) of UK Government Environment Agency -Life Cycle Assessment of Plastic , Paper and Reusable bags. The GWP of cotton carrier bag is 10 times more than that of any other carrier bag. Whilst sometimes called “Bags for Life“ they have a limited life , depending on the treatment they receive ,and become a very durable problem when discarded . Shoppers do not always go to the shop from home , where the re-usable bags would normally be kept , and consumers are unlikely to have a re-usable bag with them when buying on impulse items like clothing , groceries , CD's , magazines ,stationery etc . If people want to incinerate oxo-biodegradable products with heat recovery , or recycle them , or re-use them , then that can be done . The key point is what happens to the bags which is not collected , and gets into the environment as litter. Conventional plastic will subsist in the environment for many decades , but oxo-biodegradable bags will degrade in a short time leaving no harmful residue . It would be interesting to note that the total plastic consumption is only 6% to 8%of litter , in which plastic carry bags represent a very small fraction. The second main type of biodegradable bags is hydrobiodegradable or compostable bag . The first stage of degradation is hydrolysis. These materials biodegrade as per the specification 6400.(ASTM D6400). The life of these bags is about 1 year. The compostable technology is equally good; but a bit more costlier. The film can be composted in industrial composting (ASTM D6400) in two months to become manure and in home composting in 3-4months to form manure along with other organic matter. When the film is dropped as a litter, the film starts bio-degradation and the rate of bio-degradation depends upon the environment it attains. If the film is exposed to water and organic matter constantly it would biodegrade and become manure. If it is exposed to soil or water or sewage conditions also it can biodegrade. For a bag to be tagged as biodegradable they need to be tested and certified under certain specifications. The specifications of various countries for Oxo- Biodegradable are U.K. British Standard 8472, U.S. ASTM. D6954-04, UAE 5009:2009, France French Accord T51-808. The specifications for compostable bags are EN13432, ASTM D6400, IS/ISO 17088. There is a lot of litter today, and there will always be some litter. Hopefully education will reduce the litter problem over several generations . Action needs to be taken today to switch to biodegradable bags before millions of tonnes of synthetic waste is accumulated in the environment . Oxo-Biodegradable and compostable materials are the new materials. The new age mantra !! . Litter is the careless behavior of human beings in relation to waste disposal . In the end all that can be left to say is , nothing is as harmful as our attitude. About the Author   Goldwin Fernandes B.E., M.Tech, M.I.E.,M.I.S.T.E., F.I.V Completed Engineering in 1992, then worked as an R&D Engineer for a brief peroid. He has also 7 years of experience in the middle East before he returned to India . Since then he has been actively involved in conducting seminars at all levels and sharing information about the advantages of using various kinds of Biodegradable Bags and its effect on the environment. Material Reference Oxo Biodegradable plastics - Prof Gerald Scott. Oxo biodegradable plastics- Michael Stephans. Biodegradability of Plastics- Processes & Standards-Prof Gerald Scott. Bioplastics -naturtec

 

Rams choke

Times of India – 26 July 2012

Only plastic ban won't do, experts seek law to stop littering

KOLKATA: "Two rams choked on plastic bags and died while grazing on the Maidan a couple of days back," said Mrityunjoy Sarkar, an animal activist who runs an animal rehab centre at his Watgunge house. "I saw them dying after a convulsion during my regular morning walk. I spoke to the shepherd boy who said this was not the first time this had happened to his sheep. But these deaths never get registered. If they did, we would have had a horror story. Just by banning plastic bags below 40 microns in thickness, the authorities are making it just another bureaucratic affair, without any purpose or zeal," added Sarkar.

A senior state pollution control board scientist echoed Sarkar. "The plastic is getting us really choked and such days are not far away when life will come to a standstill because of our callous habit of littering plastic. Unfortunately, there has been no campaign against plastic-littering."

A TOI survey revealed that plastic littering is all pervasive. No road, no ground and no waterbody - including Lal Dighi in front of Writers' Buildings, perhaps the most well-kept waterbody of the city, and those at Victoria Memorial - has been able to escape the menace.

The Kolkata Municipal Corporation (KMC) is only enforcing a ban on the use of plastic bags below 40 microns in thickness. "But who will prevent plastic tea-cups, gutka or shampoo sachets which are worse polluters? They easily slip through manholes or the concrete filters of the underground drainage system. These elements are no less chokers for drainage pumping sets," said a Kolkata Metropolitan Development Authority officer.

Interestingly, however, the Supreme Court has banned the packaging of gutka in plastic sachets. Following the Supreme Court order, the environment ministry had also banned the packaging of gutka products in sachets (Rule 5 of the Plastic Waste (Management and Handling) Rules, 2011, prohibits the use of plastic materials in sachets for storing, packaging or selling gutka, tobacco and pan masala). But the plastic sachets containing tobacco are everywhere in the city and there is no compliance of the central rule.

State environment secretary RPS Kahlon said: "We do not have any legal provision against plastic littering. But eventually, we have to enact a law so that an offender does not get away by throwing plastic bags and sachets. Spot-fines could be introduced to penalize offenders." He admitted that littering is worrisome in the state as it is in other parts of the country. Kahlon said that PCB is suffering from a severe man-power shortage. It is a matter to be handled by municipal bodies, he added.

"I found the mere ban on plastic bags below 40 micron thickness is somewhat untenable. Who will measure whether a particular bag is below 40 micron or not? The city has become a paradise for littering plastic wastes. There is no dearth of rules in our country. Only its effective enforcement can inculcates a habit of proper disposal of plastic waste. Littering is an offence in most of the developed countries, where penalty comes in the form of hefty fines or sustained community services or both by state statutes or city ordinances," said environment activist Subhas Datta.

In India, Meghalaya is stringent against littering. The Goa government is becoming an exception by making littering of plastic at roadsides and beaches a cognizable offence. Chief minister Manohar Parrikar himself announced it. Parrikar told the legislative assembly that the government is mulling to make plastic littering a cognizable offence by December this year and to punish the offender with a severe penalty.

As early as in August, 2002, the government prohibited carrying, use and sale of non-biodegradable PET bottles and plastic carry bags in certain coastal regulation zones in Panaji and neighboring Caranzalem and Dona Paula, while for other beach areas in Goa, the matter would be taken up in consultation with all stakeholders.

Even Indian Plastic Federation officials want stringent enforcement against littering. "Plastic is so popular because of its utilitarian value. If it is disposed of properly, plastic will continue to do good for mankind. But because of its low-cost existence in our life we tend to throw them away, without understanding its consequences. If this continues, the authority will be forced to ban plastic which will turn a huge workforce jobless," said an IPF official. In fact, the Supreme Court threatened to enforce a complete ban on the use of plastic in the interests of animals and the environment.

Ban on plastic bags, but you can carry on using them

Published: Tuesday, Jul 10, 2012, 19:42 IST
By Chaitra Devarhubli | Place: Ahmedabad | Agency: DNA


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<>  <><>    <> <>  <> It has been over a year since the state government banned plastic less than 40 microns thick. But who cares? Not shopkeepers, and certainly not customers. The banned plastic is found across Ahmedabad - at shops and vegetable and fruit vendors. Most shopkeepers DNA spoke to used the same line that demand was fuelling supply. “We can’t help it. Customers keep demanding the carry bags which compel us to keep them. Also, we can afford these low priced bags. The thick plastic bags are environment-friendly, but they burn a hole in our pockets,” said a fast-food joint owner at Prahladnagar, who did not wish to be named. Another grocery shop owner at Ambawadi Ashokbhai said, “The civic authorities have raided my shop thrice and, each time, I had to pay a hefty fine and my stock of plastic bags was seized. But such bags prove economical for us due to which they are to be found in a majority of shops.” Over a year after the notification banning the use of thin plastic bags came into effect in February 2011, Ahmedabad Municipal Corporation (AMC) officials offer several excuses to explain poor implementation. “We are finding it difficult to trace the manufacturers of these plastic bags. If the root of the problem is removed, then such bags will not be distributed. Unfortunately the bags are not branded, nor is the name or place of business mentioned on them,” said an official in AMC’s health department. AMC’s medical health officer Dr Suhas Kulkarni says they have conducted a series of raids to crack down on the use of banned plastic. “Between February and December 2011, we seized 22,540 kg of plastic below 40 microns, issued 4,616 notices and collected Rs6.56 lakh in fines. Also, a total of 47 shops, where such plastic was found in large quantities, were raided,” he said. Similarly, between January and June 2012, a total of 3,666 kg of plastic bags below 40 microns was seized, 2,130 notices were served and Rs10.08 lakh in fines collected by the health department. Recently, the health department conducted a raid at Kalupur and sealed seven shops manufacturing the banned plastic bags. Clearly, all this is not enough as rampant use of the banned plastic continues. A senior health official in the AMC says the banned plastic is rumoured to be manufactured in large quantities in Kalol. Kalol is not in AMC jurisdiction and, hence, the civic body’s hands are tied, the official says.

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