The principal bench of the National Green Tribunal (NGT) in its hearing on July 26 asked the Maharashtra, Gujarat and Karnataka state governments as well as the Central Pollution Control Board (CPCB) to submit a response over fake pollution certificates till November, and announced November 8 as the date of hearing by the central zonal bench of the NGT.
During audits at four plastic-recycling companies in Maharashtra, Gujarat and Karnataka, the Central Pollution Control Board (CPCB) found out that 600,000 fake extended producer responsibility (EPR) certificates had been issued by the companies. While the audits were carried out in August 2023, the media reported about it recently. As the news reports raised a substantial issue related to compliance with environmental norms, especially compliance with the Environment Protection Act 1986 and Plastic Waste Management, the NGT took cognisance of the issue and registered a case in this regard (Suo Moto action).
As per the NGT order, these EPR certificates are used by companies that utilise plastic packaging to meet legal obligations by ensuring that a percentage of the plastic used by them is recycled. The implicated companies are Enviro Recyclean Pvt Ltd (Karnataka); Shakti Plastics Industries (Maharashtra); Technova Recycling India Pvt Ltd (Gujarat); and Asha Recyclean Pvt Ltd (Gujarat).
The NGT order cited the news reports and stated that the CPCB found that the said companies claimed to generate far more certificates than their actual recycling capacity allowed. The recycling companies generated and sold fake EPR certificates without actually recycling the corresponding amount of plastic waste. This fraudulent activity was detected through physical inspections by the CPCB that revealed discrepancies between the quantities claimed to be recycled and the companies’ actual capacities and sales records.
{{/usCountry}}The NGT order cited the news reports and stated that the CPCB found that the said companies claimed to generate far more certificates than their actual recycling capacity allowed. The recycling companies generated and sold fake EPR certificates without actually recycling the corresponding amount of plastic waste. This fraudulent activity was detected through physical inspections by the CPCB that revealed discrepancies between the quantities claimed to be recycled and the companies’ actual capacities and sales records.
{{/usCountry}}This malpractice undermined the integrity of the EPR scheme, which is designed to promote the recycling of plastic waste. As a result, many companies that purchased these fake certificates might not have met their recycling obligations, leading to potential environmental harm due to non-recycling of significant amounts of plastic waste.
The NGT order further said that as the place of accrual of cause of action lies within the jurisdiction of the central zone bench of the NGT at Bhopal, it would be appropriate if the application is heard by the central zone bench of the NGT at Bhopal. The next hearing will be held on November 8.