National Green Tribunal
Shree Nath Sharma vs Union Of India on 17 January, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 360/2018
(SLP (Civil) No. 2959/2014)
Shree Nath Sharma Applicant
Versus
Union of India &Ors Respondent(s)
Date of hearing: 17.01.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Mr. Mukesh Kumar, Advocate for CPCB
Ms. Richa Kapoor, Advocate for the State of Punjab & Punjab PCB
Mr. Rahul Khurana, Advocate for the State of Haryana & HSPCB
Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. This order is being passed in continuation of earlier order dated 08.02.2022 on the subject of updating and enforcing District Environment Plans in terms of Articles 243 G, 243 W, 243 ZD, read with 11th and 12th Schedules to the Constitution of India.
2. Direction for preparing such plan was first issued by this Tribunal vide order dated 15.07.2019 in O.A. No. 710/2017 as follows:-
"6. This Tribunal in O.A. No. 606/2018, while dealing with the compliance of Municipal Solid Waste Management Rules, 2016 also flagged other issues and required monitoring at the level of the Chief Secretaries and the District Magistrates. The Chief Secretaries of all the States/UTs have appeared before this Tribunal, including the Chief Secretary of State of Rajasthan and directions have been issued for continuous monitoring and filing of further reports.1
7. Vide order dated 12.09.2019, while fixing a schedule for further appearance of the Chief Secretaries of all the States/UTs, direction has been issued to compile information with reference to the following specific thematic areas viz.:
● Compliance to Solid Waste Rules including Legacy Waste.
● Compliance to Bio-medical Waste Rules. ● Compliance to Construction & Demolition Waste. Compliance to Hazardous Waste Rules. ● Compliance to E-waste Rules.
● 351 Polluter Stretches in the country. ● 122 Non-attainment cities.
● 100 industrial clusters.
● Status of STPs and re-use of treated water. ● Status of CETPs/ETPs including performance. ● Ground water extraction/contamination and re- charge.
● Air pollution including noise pollution. ● Illegal sand mining.
● Rejuvenation of water bodies.
8. Such information is to be furnished to the CPCB by the Chief Secretaries of all the States/UTs indicating:
● Current status ● Desirable level of compliance in terms of statutes. ● Gap between current status and desired levels. ● Proposal of attending the gap with time lines. ● Name and designation of designated officer for ensuring Compliance to provisions under statute.
9. Since CPCB is to file updated report by 15.11.2019, the Chief Secretaries of all the States/UTs may furnish such information by 31.10.2019.
10. We may also refer to order dated 15.07.2019 in O.A. No. 710/2017, Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors. directing as follows:
"We find it necessary to add that in view of Constitutional provisions under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned. The monthly report of monitoring by the District Magistrate may be furnished to the Chief Secretary and may be placed on the website of the District and kept on such websites for a period of one year. This may be made operative from 1.08.2019.2
Compliance of this direction may also be seen by the Chief Secretaries of the States/UTs. This may not only comply with mandate of law but provide an institutional mechanism for effective monitoring of environment norms."
11. To facilitate preparation of such District Environment Plan, it will be appropriate that CPCB prepares a Model/Models and places the same on its website which may be adopted with suitable changes as per local requirements for all Districts in the country and monitored by the Chief Secretaries with reports to the Tribunal in O.A. No. 606/2018.
12. The Department of Environment of all States and Union Territories may collect such District Environment Plans of their respective States and finalize the 'State Environment Plan' covering the specific thematic areas referred in Para- 7 including information as contained in Para-8 and template of Model/Models District Environment Plan provided by the CPCB. The action for preparation of State's Environment Plan shall be monitored by the respective Chief Secretaries of States and Administration of UTs. Let this action be completed by 15.12.2019 and compliance be reported to the Tribunal by 31.12.2019.
13. Based on States and UTs Environment Plans, MoEF&CC and CPCB shall prepare country's Environment Plan accordingly. Let the Secretary, MoEF&CC and Chairman, CPCB steer the preparation of country's Environment Plan. Let their action be completed by 31.01.2020 and compliance be reported to the Tribunal by 15.02.2020."
3. Thereafter, the matter was taken up in the present application by passing orders dated 19.03.2020, 29.01.2021 and 05.07.2021 in the light of reports about compliance status filed by CPCB dated 14.02.2020, 28.01.2021 and 02.07.2021. The matter was last reviewed vide order dated 08.02.2022. Relevant extracts from earlier orders are reproduced below:-
19.03.2020 "5. While we note the steps taken, completion of environmental plans in terms of order of this Tribunal cannot be unduly delayed having regard to implications of such steps for protection of environment and public health. Some of the handicaps pointed out can be overcome by pro-active role of CPCB in ensuring preparation of at least one model District Environment Plan in every State in the first instance which can thereafter be replicated for all the Districts in the States/UTs 3 and so on. For this purpose, State PCB and concerned District Magistrate may assist the CPCB. This step may be completed by simultaneous initiative in all the States within three months. In the last nine months, some work may have already been done in the States/UTs. Thus, it should be possible to finalize a model action plan at least for one District each in all States/UTs in the next three months. Thereafter, the exercise may be replicated with regard to all the Districts followed by State Environmental Plan and then a National Environmental Plan in further three months. CPCB is at liberty to utilize compensation funds and involve any individuals/organizations in the process. This exercise will be without prejudice to monitoring mechanism in terms of earlier directions. Wherever exercise has been completed and found to be satisfactory, further steps for execution may be taken accordingly. Status report of progress in this regard may be furnished before the next date by email at [email protected]."
20.09.2021 "5. xxx...........................................xxx.......................xxx (iii.) As per the assessment made by CPCB, it is observed that District / UT Environment Plan prepared by Chandigarh, UT Environment Department is satisfactory, as it covers all thematic areas including action plan along with timelines for respective implementing agencies. Further, the State Environmental Plan (SEP) prepared by West Bengal State is also satisfactory, wherein the district level plans and action points are comprehensively addressed.
5. Proposed Follow-up Action
(i) Since State have already prepared 220 DEPs, it is submitted that, these plans may be implemented by respective States after verification to ensure all the thematic points are adequately covered as per data templates and time-bound action plans are identified with respective agencies at District and State level.
These Plans also need to be integrated with State Environment Plans. State may also take help of any expert agency or institution to streamline all DEPs. Adequate budgetary provision may be made by States for preparation of DEPs and SEPs.
(ii) 5 selected DEPs for 5 Districts namely Baharaich, UP;
Bokaro, Jharkhand; Pune, Maharashtra; Chamrajnagar, Karnataka; and Panchkula, Haryana to be verified and improved by CPCB in 03 months and the same may be shared with every State and UT as model DEPs for information and reference of other Districts.
(iii) States namely Andaman and Nicobar Islands, Telangana, Uttarakhand, Arunachal, Mizoram and Sikkim, including the other States who have not yet 4 completed DEPs all Districts may complete the same in time bound manner."
6. We have perused the report filed by the Oversight Committee for the State of UP, giving the compliance status in UP, which is on same lines as the report of the CPCB.
7. From the above, it is seen that out of 739 Districts, DEPs have been prepared in 220 Districts, out of which CPCB has data for 115 Districts. CPCB has selected five representative models having regard to social and geographical considerations.
8. In view of above, having regard to the significance of the issue and inadequate progress, we direct the Chief Secretaries of all the States/UTs to oversee and monitor compliance by the concerned District Magistrates for preparing the requisite plans and execute the plans already prepared. Further steps for preparation and execution of State and National plans may also be taken in the interest of scientific and effective protection of environment and public health.
9. Vide orders dated 22.01.2021 in OA 916/2018, Sobha Singh & Ors. vs. State of Punjab & Ors. and OA 496/2016, Tribunal on its own motion vs. Govt. of NCT of Delhi & Ors., we have requested the Monitoring Committees, constituted by this Tribunal for certain environmental issues in Punjab and Delhi, to oversee compliance of preparation and execution of DEPs in Punjab and Delhi and furnish compliance status as on 31.3.2021.
10. We make similar request to the Monitoring Committee in UP, headed by Justice SVS Rathore, a former Judge of Allahabad High Court, the Oversight Committee for compliance of directions of this Tribunal for rejuvenation of river Ghaggar, headed by Justice Pritam Pal, former Judge of the Punjab and Haryana High Court to oversee compliance on this aspect for Haryana, the Committee headed by Justice Prakash Tatia, former Chief Justice of Jharkhand High Court, for compliance in Rajasthan, Justice B.C. Patel, former Chief Justice, Delhi High Court for compliance in Gujarat, Justice V.M. Kanade, former Judge, Bombay High Court, who has earlier monitored compliance of certain directions of this Tribunal relating to environmental issues, for compliance in Maharashtra. They may send status report as on 31.3.2021 by 15.4.2021. For all other States/UTs, the Chief Secretaries concerned may conduct such oversight and furnish the status of compliance as on 31.03.2021 to CPCB. CPCB may file a consolidated report before this Tribunal on or before 30.04.2021 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF (and not in the form of Image PDF). State PCBs may also provide necessary assistance in coordination."
05.07.2021 "1to12...xxx...................................xxx....................................xxx 5
13. As already noted, it is the Constitutional obligation of the States/UTs to ensure compliance of the mandate under Articles 243 G, 243 W and 243 ZD read with 11th and 12th Schedules. Clean environment is part of right to life under Article 21 of the Constitution and also fundamental in governance under Articles 37 read with 47 and 48A. Environment is also a subject covered by the definition of disaster under Section 2(b) of the Disaster Management Act, 2005. Thus, effective administrative machinery equipped to deal with the matter is required at all levels. The existing machinery should be able to meet the challenge and should be revamped from time to time. As repeatedly observed by this Tribunal, degradation of air, water and soil cause large number of deaths and diseases, apart from loss of livelihood. Environment find prominent mention in the "Sustainable Development Goals" (SDGs) which are planned and coordinated at international levels also. Appreciable initiatives taken include Swachh Bharat Mission, Clean water, restoration of water bodies - ponds, rivers, lakes, protection of eco-sensitive zones but success depends on vibrant monitoring. The reports discussed above are not re-assuring. There seems to be huge gap in responsibility entrusted to the authorities and action on the ground, as shown by the reports quoted earlier. Damage to the environment is a criminal offence under various statutes. Deaths and diseases attributable to non- compliance of environmental norms cannot be disputed but adequate remedial action remains to be seen. Effect of deaths and diseases due to pollution is no less than homicides or hurts to human beings. Major failure of State authorities in compliance of waste management norms, which management is vested in the State authorities but no accountability is fixed for such failures. Such unsatisfactory state of affairs needs to be checked by involvement of senior functionaries in the Government, committed to the welfare of citizens, the Constitution and the Rule of law. We hope the concerned authorities will not fail the citizens. Remedies need to be provided at grassroot level with as high priority as opening of primary health centres or police stations for protection of basic right to clean environment, health and hygiene. This requires identification of challenges at every level, starting from Panchayat level upto the national level. The identified issues need to be compiled and placed in public domain which may help in public participation which is a recognized strategy for protection of the environment.
14. The 73rd and 74th amendments to the Constitution covering the requirement of having a plan for protection of environment upto Panchayat level, coming in force in the year 1993 which, consistent with the international conventions, including the Stockholm and Rio conferences, to which India is a party, seek to promote protection of environment at the grass root level. It is a matter of regret that the mandate of law remains practically dead letter when even after 28 years, such plans are not in place at many places and where plans have been prepared, the same are incomplete. As found by the Oversight Committees in the reports quoted above, such plans must clearly identify the challenges in terms of gaps in current status of environment and desirable situation and compliance status to be achieved. Making of plans is only a first step which 6 will not by itself be complete unless there are budgetary provisions, timelines and effective monitoring mechanism. There has to be flow of information from the lowest level upto the national level to enable making of appropriate policies and also flow of directions/guidelines from the national level upto the Panchayat level based to help tackling the complex issues and suitable -holding. It is only based on grass root level information and plans that an effective and meaningful State level plan and thereafter national level plan can be prepared. This is not merely a wish but the Constitutional mandate and situational imperative as shown by factual situation depicted in orders of this Tribunal dealing with the situation.
15. There is dire need for compiling information on vital environmental issues and planning to address the gaps in compliances. Current monitoring is inadequate. In OA No. 95/2018, Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors., vide order dated 05.02.2021, this Tribunal considered the status of performance of statutory regulators - State PCBs, based on consolidated report of the CPCB and found the situation far from satisfactory. The Tribunal also noted challenges posed by pollution due to violation of environmental norms. The Tribunal concluded:
"10. We have given due consideration to the report, which shows startling state of affairs tested on the touchstone of 'Sustainable Development' principle, accepted in Stockholm conference and which has been held to be part of right to life under article 21 of the Constitution in Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647.
11. Some of the significant observations include failure to fill up key positions, to acquire necessary equipment, to arrange continuous training, to prepare State Environment policy, to specify industries-siting criteria, making inventory of grossly polluting industries, not specifying standards of inlet to the CETPs and hazardous waste, inaction against identified polluters, taking steps for bridging gaps in law and enforcement with regard to liquid and solid waste (of different kinds), including non- functional and noncompliant ETPS, STPs and CETPs, inadequate monitoring of environmental compliance in Class II towns and coastal areas, failure to compile and analyse data and filing annual reports, inefficiency shown by inaction against serious violations of environmental norms. Needless to say that such sorry state of affairs is reflection of poor governance, making environmental rule of law far from reality.
12. The environmental law principles, which this Tribunal is mandated to apply under sections 20 and 15 of the NGT Act, 2010, are - 'sustainable development', 'precautionary' and 'polluter pays'. In Hanuman Laxman, (2019) 15 SCC 401, (paras 142-156), significance of environmental rule of law has been highlighted to achieve sustainable development goals for prosperity, health and well being. This requires filling of gap between law and enforcement. In T.N. Godavarman 7 Thirumulpad v. Union of India, (2002) 10 SCC 606, at page 621, it was observed that the State has to "forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including the right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is constitutional imperative on the Central Government, State Governments and bodies like municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve the man-made environment and natural environment."
13. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718, at page 732, it was observed "..Good governance is an accepted principle of international and domestic laws. .....It includes the need for the State to take the necessary "legislative, administrative and other actions" to implement the duty of prevention of environmental harm...". In Techi Taga Tara, supra, the Hon'ble Supreme Court referred to several Committees on need for revamping the regulatory bodies by appointing persons of outstanding ability and high reputation to the State PCBs and equipping them with laboratories and other equipment for performing statutory functions. Apart from the Tribunal being approached under sections 14 and 15 by aggrieved parties, pointing out degradation of environment and inaction of the statutory regulators, the Hon'ble Supreme Court has required this Tribunal to monitor compliance of such statutory obligations for protecting environment. This is not possible unless the statutory regulators are effective. Significant issues so referred by the Hon'ble Supreme Court include a) liquid waste management, (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India & Ors. wherein it was directed that requisite STPs, ETPs, CETPs must be set up by 31.3.2018, failing which coercive measures may be taken against concerned authorities, to enforce statutory mandate of the Water (Prevention and Control of Pollution) Act enacted in 1974, prohibiting any water pollution, making it a criminal offence. b) compliance of solid waste management rules. Vide order dated 2.9.2014 in WP 888/1996, Almitra H. Patel Vs. Union of India & Ors. on the file of the Supreme Court, the issue has been 8 referred to this Tribunal for monitoring compliance of Solid Waste Management Rules. c) In (2015) 12 SCC 764, MC Mehta v. UOI, issue of rejuvenation of Ganga stands referred to this Tribunal. d) Vide order dated 24.7.2017 in WP 725/1994, 'And quite flows Yamuna', rejuvenation of Yamuna stands referred to this Tribunal. It is not necessary to refer to several other orders. Finding that statutory regulators were not effective and serious damage was continuing, the Tribunal has appointed independent monitoring Committees1 on several issues.
In substance, monitoring of the enacted environmental laws including the Water Act, Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 and Rules framed thereunder needs to be reviewed and made effective in the interest of protection of environment and public health. This is not possible unless the regulatory bodies are duly manned and equipped and function efficiently. The report shows that it is not happening and there are huge gaps. With such gaps, it is only a dream to expect clean environment - fresh water or fresh air. Irreversible degradation of environment is bound to result in avoidable deaths and diseases and loss of scarce and good quality water, air and soil and biodiversity.
14. The findings in the report showing gaps resulting in large scale non-compliances in enforcement of environmental laws are supported by observations of this Tribunal, which include the following:
(I) OA 593/2017, Paryavaran Suraksha Samiti & Anr. vs. Union of India & Ors.2, involves monitoring of liquid waste management in terms of orders of the Hon'ble Supreme Court in (2017) 5 SCC 326. We have found that as a result of continuing failure of the statutory authorities to ensure compliance, industrial as well as municipal liquid waste is being discharged resulting in pollution of groundwater as well as surface water, including water bodies, drains, streams, rivers and coastal areas. The Tribunal has noted that as per data compiled by the CPCB, 351 river stretches are declared polluted.
Comprehensive Environment Pollution Index (CEPI) prepared by the CPCB shows that 100 industrial clusters are polluted. The Tribunal is also dealing with the remedial action for restoration of the 351 stretches in OA 1 To monitor compliances with regard to:
(i) River Ghaggar in OA No. 138/2016 (TNHRC), Stench Grips Mansa's Sacred Ghaggar River
(ii) River Sutlej in OA 916/2018, Sobha Singh v. State of Punjab & Ors.
(iii) River Yamuna in OA 06/2012, Manoj Mishra v. UOI & Ors.
(iv) River Musi in OA 426/2018, Mohammed Nayeem Pasha & Anr. v. State of Telangana & Ors.
(v) River Ganga in OA 200/2014, M.C. Mehta v. Union of India & Ors.
(vi) River Jojari in OA 329/2015, Gram Panchayat Araba v. State of Rajasthan & Ors.
(vii) CETP in Taloja District in OA 125/2018, Arvind Pundalik Mhatre v. Ministry of Environment, Forest and Climate Change & Ors.
(viii) District Environment Plan in OA 360/2018 Shree Nath Sharma v. Union of India & Ors.
(ix) 'Rat Hole' coal mining in OA 110(THC)/2012, Threat to Life Arising Out of Coal Mining in South Garo Hills District v. State of Meghalaya & Ors.
(x) Solid waste management rules in OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues.2
Vide order dated 21.09.2020 9 673/20183, In Re: News item published in "The Hindu"
authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB" for which the Tribunal has directed preparation and execution of action plans for each of such stretches by constituting River Rejuvenation Committees (RRCs) for all States/UTs headed by Environment Secretaries which action needs to be overseen by the Chief Secretaries at the State level and by a Central Monitoring Committee (CMC) headed by Secretary, Jal Shakti alongwith NMCG and CPCB at the national level. OA 829/20194, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors.
deals with the remedying of coastal pollution for which directions have been issued on the same pattern for preparation and execution of action plans by the RRCs to be overseen by the Chief Secretaries at the State level and by the CMC at the national level. The same order also deals with utilisation of treated water, being OA 148/2016, Mahesh Chandra Saxena vs South Delhi Municipal Corporation & Ors. and OA 325/20155, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., dealing with the issue of restoration of water bodies by removing encroachments and preventing pollution has been dealt with by this Tribunal. OA 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors.6, the Tribunal has directed monitoring of groundwater extraction to give effect to the mandate in Hon'ble Supreme Court judgment in M.C. Mehta v. Union of India & Ors. (1997) 11 SCC 312.
(II) Apart from water pollution, air pollution the issue air pollution has been dealt with by this Tribunal by separate order in OA 681/20187, News item published in "The Times of India" Authored by Shri Vishwa Mohan titled "NCAP with multiple timelines to clean air in 102 cities to be released around August 15" requiring constituted Air Quality Monitoring Committees in all States/UTs to prepare and execute action plans for control of air pollution in 122 non-attainment cities (where air quality is normally beyond the prescribed norms).
(III) The issue of solid waste management has been dealt with by this Tribunal in OA 606/2018 in pursuance of directions of the Hon'ble Supreme Court in Writ Petition No. 888/1996, Almitra H. Patel & Anr. v. Union of India & Ors. In the said matter, the Chief Secretaries of all States/UTs were required to remain present before this Tribunal8 and after interaction with them, separate orders for all States/UTs referring to the individual issues in such States/UTs,9 particularly issue of legacy waste dump sites and remediation of current 3 Vide order dated 21.09.2020 4 Vide order dated 21.09.2020 5 Vide order dated 18.11.2020 6 Vide order dated 20.07.2020 7 Vide order dated 21.08.2020 8 Vide order dated 16.01.2019 9 Vide order dated 18.07.2019 (last such order is in respect of Jammu & Kashmir) 10 waste on scientific basis were dealt with and the Chief Secretaries were directed to monitor compliance every month by creating a monitoring cell, directly under them, in terms of directions of the Hon'ble Supreme Court and the District Magistrates monitoring such compliances every fortnight. It has been found that there are more than 3000 dump sites where legacy waste has accumulated over the years but the remedial action has not been taken except at very few places. This is resulting in water and air pollution and soil degradation on continuous basis, to the detriment of the environment and the public health. The statutory timelines have come to an end. Reference is made in this regard also to order dated 29.01.2021 in OA No. 519/2019, In re: News item published in "The Times of India" Authored by Jasjeev Gandhiok & Paras Singh Titled "Below mountains of trash lie poison lakes" and order dated 28.02.2020 in OA No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016. It was directed, vide order dated 10.01.2020, that compensation will be payable for failure to comply with the requirement of taking steps mentioned in Rule 22 of the SWM Rules, 2016 at scales mentioned therein, depending on the size of local bodies, from 01.04.2020 till compliance. Compensation was also directed to be recovered at the laid down scale for delay in commencing and completing the legacy waste remediation measures.
(IV) With regard to bio-medical waste, the matter has been dealt with in OA 710/2017, Shailesh Singh, v. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors.10, with regard to hazardous waste, matter has been dealt with in OA 804/2017, Rajiv Narayan v. Union of India & Ors.11, with regard to e-waste, matter has been dealt with in OA 512/2017, Shailesh Singh v. State of UP12, with regard to plastic waste, matter has been dealt with in EA 13/2019 in OA 247/2017, Central Pollution Control Board v. State of Andaman & Nicobar & Ors.13 for laying down liability to pay compensation for non-compliance.
15. The failure of monitoring has been found to have direct nexus to atleast 10 industrial accidents 14 which have taken place in the recent past which have been dealt with by this Tribunal.
16. Vide order dated 03.02.2021 in OA No. 85/2020, Yashyashvi Rasayan Pvt. Ltd., the Expert Committee, appointed to suggest means to prevent disasters, recommended strengthening the monitoring mechanism by making appointments against all vacant posts to ensure that onsite and offsite emergency plans are in place and mock drills take place, 10 Vide order dated 18.01.2021 11 Vide order dated 29.01.2021 12 Vide order dated 15.01.2021 13 Vide order dated 08.01.2021 14 11 to prevent any such incidents and medical facilities are available at the nearest point in case such incident takes place to save lives of the victims. This aspect has also been dealt with vide order dated 01.02.2021 in OA No. 837/2018, Sandeep Mittal v. Ministry of Environment, Forests & Climate Change & Ors. on the subject of monitoring the EC conditions.
17. As earlier observed, damage to environment is directly linked to the public health and neglecting compliance of environmental norms results in deaths and injuries. Violation of environmental norms needs to be taken as seriously as preventing crimes of homicides and assaults. It is more serious as the victims may be wide spread and unidentified. The consequences may even affect future generations. The compliance status is directly linked to effectiveness of monitoring which requires that the key office bearers of statutory regulators and oversight bodies are qualified, competent and reputed and exclusively dedicated to such work, instead of devoting part time, while simultaneously holding other positions. .....Adequate and well-equipped laboratories and effective machinery for implementation of "Polluter Pays" principle for assessment and collection of compensation is another important aspect of environmental governance.
18. It is seen that several State PCBs do not even have constraint of funds. Still, the requisite manpower and the equipment are not being arranged. Moreover, due application of "Polluter Pays" principle, in exercise of regulatory powers under the Air, Water and EP Acts to compensate the environment, enables them to have requisite funds for hiring experts, installing monitoring equipment and taking other remediation and restoration measures, including restoration of contaminated sites. The quality and quantity of key manpower cannot be compromised, if environmental governance is to improve to achieve the sustainable development goals. It is well known that most of the key environmental laws have been enacted in the wake of Stockholm Conference (1972) under Entry 13 of List-I read with Article 253 of the Constitution, with a view to achieve 'sustainable development' of which the 'Precautionary' principle, "Polluter Pays" principle, Intergenerational Equity and Public Trust Doctrine principles are integral part. Sad part is that even after 47 years of Water Act and 40 years of Air Act, water and air pollution is rampant, without serious adverse action. Though there are criminal offences with minimum prescribed sentence, hardly any punishment is handed down. Hardly any compensation is recovered from the violators. Victims continue to suffer and so does the environment. This requires attention of all concerned at higher levels in governance.
19. In view of above, the recommendations in the CPCB report need to be urgently implemented by all concerned for revamping and upgrading the regulatory bodies and their equipment which needs to be a continuous exercise. The Chief Secretaries of all States/UTs, in coordination with the Secretary 12 Environment and Chairman State PCB/PCCs in their respective jurisdiction, need to forthwith study and address the issues emerging from the report, prepare and execute their respective action plans. This will include filling up all vacant posts by competent persons and procuring the requisite equipment. The CPCB may assist and monitor all the States for compliance of these directions. It will be open to the CPCB to prepare a format which may contain qualifications, minimum eligibility criteria, required experience for the key positions and the specifications of equipment. It is suggested that if some of the State PCBs find it difficult to select/recruit suitable candidates, a designated Committee of the MoEF&CC and CPCB, in consultation with such State PCBs, may explore possibility of the central selection mechanism so that the talent pool so selected can be made available for posting at appropriate locations, where recruitment is found to be otherwise difficult. We have noted the observations in the report that at some places administrative manpower is more than technical manpower which may not be a desirable situation. Such situation may be reviewed and remedied by the concerned States. The observations that the work of regulators should be exclusive for the incumbents appointed applies to all key positions, including Chairman/Member Secretary, Regional Officers, Engineers and Scientists of PCBs/PCCs.
20. Further, for improving monitoring and planning, authentic data needs to be compiled at all levels. Initiative will have to be taken consistent with Digital India initiatives by the MoEF/MoJS/MoUD/CPCB and based on such policy decisions, the Environment departments of all States/UTs will have to compile data in their respective jurisdiction, preferably Districtwise. On that basis District Environment Data Grid (DEDG), State Environment Data Grid (SEDG) and National Environment Data Grid (NEDG) can be set up and continuously updated. The Grid can be connected to online monitoring systems. Comprehensive Environment Pollution Index (CEPI) is being prepared limited to the Industrial Area but the Grid can cover larger areas and aspects and can be source of research and planning. It can also facilitate monitoring of and be in sync with other government initiatives such as National Mission for Clean Ganga, Swachh Bharat and Jalshakti Abhiyan etc. Based on such data, it may also be easier to study 'carrying capacity' of different areas to plan siting policy for various activities.
21. Further, there is need to study the extent of environmental loss and the contributors to the same. Though environment is priceless, normative parameters are now available to determine the compensation for the loss caused for failure to observe laid down rules and regulations such as not clearing legacy waste as per Solid Waste Management Rules, causing air/water pollution. Environment is wealth which needs protection from being plundered by law violators, for their monetary interests, by adequate monitoring and stringent vigilance. Its scientific management, including enforcement of polluter pays principle, requires study of level of pollution and 13 contributors thereto and cost of restoration to be recovered by an efficient machinery. Such steps will advance the environmental rule of law and lead to sustainable development.
22. The directions on the subject are summed up as follows:
i. The Chief Secretaries of all States/UTs, in coordination with their respective Secretary Environment and Chairman State PCB/PCCs, need to forthwith study and address the issues emerging from the CPCB report, prepare and execute their respective action plans which will include filling up all vacant posts by competent persons and procuring the requisite equipment, including commissioning and upgradation of all laboratories and recognition under the EP Act, 1986. The CPCB may assist and monitor all the States for compliance of these directions. The steps in this regard be initiated and completed as far as possible within six months. In view of Section 33 of the NGT Act, 2010, whereunder the NGT Act has overriding powers over other statutes, any restriction placed by any administrative order will not stand in the way of carrying out this direction.
ii. We direct the CPCB to prepare a format which may contain qualifications, minimum eligibility criteria, required experience for the key positions and the specifications of equipment. All States/UTs may act accordingly.
iii. MoEF&CC and CPCB may design a mechanism for annual performance audit of all the State PCBs/PCCs.
iv. It is suggested that if some of the State PCBs find it difficult to select/recruit suitable candidates, a designated Committee of the MoEF&CC and CPCB, in consultation with such State PCBs, may explore possibility of the central selection mechanism so that the talent pool so selected can be made available for posting at appropriate locations, where requirement is found to be otherwise difficult. A plan be prepared for continuous training of the incumbents at regional levels periodically.
v. In view of the findings in the report that at some places administrative manpower is more than technical manpower, such situation may be reviewed and remedied by the concerned States.
vi. The observations that the work of regulators should be fulltime for the incumbents appointed applies to all key positions, including Chairman/Member Secretary and Regional Officers, Engineers, Scientists of PCBs/PCCs. Such incumbents may not be given any other additional charge. Only exception can be in States where there are no significant environmental issues so as to provide the incumbents fulltime work. Such States may seek 14 exemption in respect of this direction from CPCB, giving relevant information justifying such exemption.
vii. CPCB and State PCBs/PCCs, as directed earlier, may utilise EC funds on laboratory set up/upgradation, and on the mentioned areas in the report as well as on approved District Environment Plans. No approval of Central/State Government will be necessary in this regard in view of section 33 of the NGT Act, supra.
viii. Consistent with Digital India initiatives, MoEF&CC/MoJS/CPCB may consider setting up and periodically updating National Environment Data Grid (NEDG) linked to the State Environment Data Grids (SEDGs) DEDGs and further linked to available portals like online air/water quality, Sameer and other monitoring stations to facilitate analysis, research and planning on the subject. It may be further interlinked to initiatives like NMCG/Swachh Bharat/Jal Jeevan Mission.
ix. To assess the extent of monetary loss caused to the environment on account of violation of environmental norms by failure to scientifically manage waste, violating Water/Air/EP/Forest (Conservation) Acts and other specified Acts for fixing accountability, for improving efficiency and better enforcement of 'Polluter Pays' principle.
x. To monitor the extent of carrying capacity for particular activities at different locations for planning suitability of siting of particular activities for giving effect to 'Precautionary' and 'Sustainable Development' principles"
16. On various thematic areas mentioned above, which are expected to be the components of District Environment Plans such as waste management, air pollution, water pollution, protection of eco sensitive areas, protection of rivers, water bodies, conservation of groundwater, use of treated water, rainwater harvesting, preventing dust pollution, noise pollution etc, this Tribunal has dealt with the issues and finding huge gaps in compliances, issued directions, which include following:
I. Waste Management:
● Bio-medical waste: O.A. No. 710/2017, Shailesh Singh v. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors., Order dated 18.01.2021.
● Legacy waste: O. A. No. 519/2019, News item published in "The Times of India" Authored by Jasjeev Gandhiok & Paras Singh Titled "Below mountains of trash lie poison lakes", Order dated 29.01.2021.
● Hazardous waste: O.A. No. 804/2017, Rajiv Narayan & Anr. v. UOI & Ors., Order dated 29.01.2021. ● Solid Waste Management: O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, Orders dated 22.07.2019, 28.02.2020 and 14.12.2020.15
● E-waste: O.A. No. 512/2018, Shailesh Singh v. State of UP & Ors., Order dated 15.01.2021.
● Plastic waste: EA No. 13/2019, Central Pollution Control Board v. State of Andaman & Nicobar & Ors., Order dated 08.01.2021.
II. Rainwater harvesting: O.A. No. 496/2016, Tribunal on its own motion v. GNCD & Ors., Order dated 22.01.2021. III. Water bodies restoration: O.A. No. 325/2015, Lt. Col.
Sarvadaman Singh Oberoi v. UOI & Ors., Order dated 18.11.2020.
IV. Management of Carcasses: O.A. No. 465/2019, Kulwinder Singh Sandhu & Ors. v. Ram Murti & Ors., Order dated 15.04.2021.
V. Management of Dairies: Original Application No. 46/2018, Nuggehalli Jayasimha v. Government of NCT of Delhi, Order dated 08.10.2020.
VI. Environmental compliance - Brick kilns: Original Application No. 1016/2019, Utkarsh Panwar v. Central Pollution Control Board & Ors., Order dated 17.02.2021. VII. Sustainable Mining: O.A. No. 360/2015, National Green Tribunal Bar Association v. Virender Singh (State of Gujarat), Order dated 26.02.2021.
VIII. Management of Railway siding: O.A No. 141/2014, Saloni Singh & Anr. v. UOI & Ors., Order dated 16.03.2021. IX. Categorisation for effective monitoring - Red, Orange, Green: OA 639/2018, Shailesh Singh v. State of Haryana & Ors., Order dated 23.03.2021.
X. Air pollution control in Non-Attainment Cities: OA 681/2018, In Re: News item published in "The Times of India"
Authored by Shri Vishwa Mohan Titled "NCAP with multiple timelines to clean air in 102 cities to be released around August 15", Order dated 08.04.2021.
XI. Water Pollution control by preventing discharge of untreated sewage/effluents: OA 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. and OA 148/2016, Mahesh Chandra Saxena v. South Delhi Municipal Corporation & Ors., Orders dated 21.09.2020 and 22.02.2021. XII. Ground Water Regulation: OA No. 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors., Order dated 20.07.2020.
XIII. Remedying Polluted Industrial Clusters: OA No. 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels", Order dated 14.11.2019. XIV. Restoring Pollution of River Stretches: OA No. 673/2018, In Re: News item published in "The Hindu" authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB", Orders dated 21.09.2020 and 22.02.2021. XV. Controlling Coastal Pollution: OA No. 829/2019, Lt. Col.
Sarvadaman Singh Oberoi v. Union of India & Ors., Orders dated 21.09.2020 and 22.02.2021.
XVI. Regulating Pollution by restaurants/hotels/motels/ banquets: OA No. 400/2017, Westend Green Farms Society v. Union of India & Ors., Order dated 04.02.2021. XVII. Preventing Industrial Accidents by safety norms and providing relief to victims: (i) OA No. 85/2020, Aryavart Foundation through its President vs. Yashyashvi Rasayan Pvt.
16Ltd. & Anr., Order dated 03.02.2021 (ii) OA No. 60/2021, In re:
News item published in The Hindu dated 23.02.2021 titled "Two dead, 5 missing in fire at UPL Plant", Order dated 11.06.2021 (iii) OA No. 134/2021, In re: News item published in The Hindustan Times dated 17.06.2021, titled "Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured", Order dated 25.06.2021.
17. We may mention that several issues have been directed to be monitored by this Tribunal by the Hon'ble Supreme Court such as ensuring installation of requisite treatment equipments - STPs, ETPs, CETPs, to prevent discharge of untreated sewage/trade effluents in water bodies15, solid waste management16, remedying the pollution of river Yamuna17 and river Ganga18. There are also various other issues which are being dealt with by this Tribunal to give effect to the directions of the Hon'ble Supreme Court. Tackling of challenges presented by these issues requires action plans and monitoring of execution at every level. DEPs, taking cognizance of all such issues, should result in holistic steps to address the problem in the interest of health of citizens. We may mention by way of illustration particulars of some of the orders relevant for the purpose (can be accessed on the NGT website):
Sl. Date of OA/EA/Appeal No. and Party Name Issue dealt No. Order
1. 18.01.2021 O.A. No. 710/2017, Shailesh Singh v. Bio-medical waste Sheela Hospital & Trauma Centre, Shahjahanpur & Ors.
2. 29.01.2021 O.A. No. 804/2017, Rajiv Narayan & Anr. Hazardous waste v. UOI & Ors.
3. 22.07.2019, O.A. No. 606/2018, Compliance of Solid Waste 28.02.2020 Municipal Solid Waste Management Management and Rules, 2016 and other environmental 14.12.2020 issues,
4. 15.01.2021 O.A. No. 512/2018, Shailesh Singh v. E-waste State of UP & Ors.
5. 08.01.2021 EA No. 13/2019, Central Pollution Control Plastic waste Board v. State of Andaman & Nicobar & Ors.
6. 18.11.2020 O.A. No. 325/2015, Lt. Col. Sarvadaman Water bodies Singh Oberoi v. UOI & Ors. restoration
7. 26.02.2021 O.A. No. 360/2015, National Green Sustainable Mining Tribunal Bar Association v. Virender Singh (State of Gujarat)
8. 08.04.2021 OA 681/2018, In Re: News item published Air pollution control in "The Times of India" Authored by Shri in Non-Attainment Vishwa Mohan Titled "NCAP with multiple Cities timelines to clean air in 102 cities to be released around August 15"
9. 21.09.2020 OA 593/2017, Paryavaran Suraksha Water Pollution and Samiti & Anr. v. Union of India & Ors. and control by preventing 22.02.2021 OA 148/2016, Mahesh Chandra Saxena discharge of 15 Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. - (2017) 5 SCC 326 16 Order dated 02.09.2014, in W.P. No. 888/1996, Almitra H. Patel vs. Union of India & Ors.17
O.A. No. 06/2012, Manoj Mishra v. UOI & Ors.
18O.A. No. 200/2014, M.C. Mehta v. UOI & Ors.
17 v. South Delhi Municipal Corporation & untreated sewage Ors. /effluents 10. 20.07.2020 OA No. 176/2015, Shailesh Singh v. Hotel Ground Water Holiday Regency, Moradabad & Ors. Regulation 11. 21.09.2020 OA No. 673/2018, In Re: News item Restoration of the and published in "The Hindu" authored by Polluted River 22.02.2021 Shri Jacob Koshy, titled "More river Stretches
stretches are now critically polluted:
CPCB"
12. 11.06.2021 OA No. 60/2021, In re: News item Preventing Industrial published in The Hindu dated 23.02.2021 Accidents by safety titled "Two dead, 5 missing in fire at UPL norms and providing Plant" relief to victims
13. 25.06.2021 OA No. 134/2021, In re: News item published in The Hindustan Times dated 17.06.2021, titled "Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured"
18. We may also note that this Tribunal discussed the above aspects with 35 Chief Secretaries of all States/UTs, in their personal presence and issued directions to handle serious violations of law and failure of the administrative authorities, requiring continuous monitoring by District Magistrates at District level and by Chief Secretaries at State level, with the assistance of fulltime environment cells, to assist in coordination with different departments and to provide technical inputs to address the gaps and governance deficits on the subject. It is not necessary to repeat the directions already issued except to say that satisfactory steps remain to be taken. Wherever DEPs have not been prepared, the same need to be expedited and wherever they have been prepared the same need to be continuously updated and compliance monitored.
19. Since the above is a continuous process, it is for the concerned Governments to take initiatives. However, having regard to the significance of the subject, we are of the opinion that further monitoring will be necessary by this Tribunal in the light of compliance status which may be provided on the next date.
20. We are unhappy to note that all the States/UTs have not taken the matter as seriously as the subject requires. We hope that the Chief Secretaries of all the States/UTs will provide due attention to the subject in the larger public interest and in the interest of health, safety of the citizens and rule of law to effectuate basis fundamental rights of the citizens.
21. Accordingly, in view of long-time failure to comply the mandate of the Constitution adversely affecting the public health and the environment and repeated failures to comply with the earlier directions on the subject, we direct a. Chief Secretaries of all the States/UTs may ensure completion of District Environment Plans (DEPs) for all the Districts, in the light of orders of this Tribunal dated 26.9.2019, 19.3.2020. 29.1.2021 and the observations in 18 the present order and upload the same on their respective websites positively by 31.10.2021.
b. The DEPs may contain data on each environmental issue covering each city, town and village. Data may show the extent of gap in compliance of laid down norms for i. Waste Management - Municipal Solid, Plastic, Bio- Medical, Electric and Electronic, Hazardous and Construction and Demolition waste ii. Sewage treatment and utilisation iii. Water quality - Rivers, Water bodies, Ground Water, Coastal waters and Rain water harvesting, iv. Industries Pollution Control including industrial clusters v. Air Quality management includes pollution due to dust vi. Regulating mining/ Sand mining vii. Noise pollution viii. Any other issues significant in the area ix. The DEP must give timelines for accomplishment of tasks backed up with budgetary support and the officers entrusted with the job, with contact details of the nodal officer at various levels in the District x. Scope for public participation on remedial measures like plantations c. DEPs may also contain mechanism for review at different levels.
d. The District Magistrates may accordingly execute the action plans by reviewing the progress on various targets at least once in a month.
e. All the States may accordingly consolidate the DEPs and prepare their respective State Environment Plans and upload the same on their respective websites.
f. CPCB may consolidate the information and file a tabular statement by 30.11.2021 by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF (and not in the form of Image PDF)."
4. Vide last order dated 08.02.2022, the Tribunal considered following reports:-
191. Report dated 12.01.2022 filed by the CPCB with additional information filed on 07.02.2022.
2. Report dated 26.11.2021 filed by the Monitoring Committee headed by Justice Jasbir Singh in the State of Punjab, constituted by this Tribunal to oversee compliance of certain directions by this Tribunal.
3. Report dated 23.11.2021 filed by the Monitoring Committee headed by Justice Pritam Pal in the State of Haryana, constituted by this Tribunal to oversee compliance of certain directions by this Tribunal.
4. Report dated 03.12.2021 filed by the Oversight Committee headed by Justice S.V.S. Rathore constituted by this Tribunal to oversee compliance of certain directions by this Tribunal.
5. Report dated 01.02.2022 filed by the Oversight Committee headed by Justice S.P. Garg constituted by this Tribunal to oversee compliance of certain directions by this Tribunal.
5. It is not necessary to reproduce the above reports which stand extensively reproduced in order dated 08.02.2022. The Tribunal noted the templates of and objectives of the plans as follows:-
"
8. The templates of the plans shows the issues incorporated are as follows:-
"1.0 District Profile a. District Administrative Set-up b. Local institutions c. Natural Resources ● Water bodies ● Availability of water resources ● Forest coverage d. Geography & Demography e. Land-use patter f. Climate 2.0 Indicative Gap Analysis and Action Plans for complying with Waste Management Rules16 20
(i) Solid Waste Management a. Current status related to solid Waste management b. Identification of gaps and Action plan
(ii) Plastic waste Management a. Current status related to Plastic waste management b. Identification of gaps and Action plan
(iii) C & D Waste Management a. Current status related to C & D Waste b. Identification of gaps and Action plan
(iv) Biomedical Waste Management a. Current Status related to biomedical waste b. Identification of gaps and Action plan
(v) Hazardous Waste Management a. Current Status related to Hazardous Waste Management b. Identification of gaps and action plan
(vi) E-Waste Management a. Current Status related to E-Waste Management b. Identification of gaps and action plan 3.0 Air Quality Management Current Status related to Air Quality Management Identification of gaps and action plan 4.0 Water Quality Management 4.1 Water Quality Monitoring a. Current Status related to Water Quality Management b. Identification of gaps and action plan for water quality monitoring 4.2 Domestic Sewage a. Identification of gaps and action plan for treatment of domestic sewage b. Identification of gaps and action plan for treatment of domestic sewage 5.0 Industrial wastewater management a. Current Status related to Industrial Wastewater Management b. Identification of gaps and action plan for industrial wastewater:
6.0 Mining Activity Management plan a. Current Status related to Mining Activity Management b. Identification of gaps and action plan 7.0 Noise Pollution Management plan a. Current Status related to Noise Pollution Management b. Identification of gaps and action plan 8.0 Plantation Management Plan"21
9. Objectives in the plan are:-
"1. To ensure conservation of environment and natural resources at district level.
2. Restore ecological balance.
3. To achieve Sustainable Development Goals and District Level Targets within prescribed timeline.
4. To ensure sustainability at district level following the principles of resource efficiency.
5. To ensure decentralized micro level planning, execution and monitoring regarding environment conservation.
6. To incorporate all facets of environmental conservation in micro planning.
7. To harness active participation of all stakeholders in planned environment conservation actions.
8. Assess, mitigate and monitor adverse impacts of various pollution sources at district level.
9. Capacity building of stakeholders, department, agencies, organizations and individuals at district level to understand and implement micro level environmental conservation.
10. To harness inter departmental coordination for implementation of action plans.
11. To develop local knowledge centres and expertise for developing environmental conservation strategies at district level.
12. To develop and implement micro monitoring system at district level."
6. After considering the reports of monitoring Committee of some of the States, where such committees have been setup- Punjab, Haryana, Delhi and U.P, including, interacting with learned counsel for CPCB, the Tribunal observed as follows:-
"Consideration and further Directions
18. We have interacted with the representatives of CPCB and other learned counsel present during the hearing. We are of the view that recommendations made by the Monitoring/Oversight Committees headed by Hon'ble former Judges and the representative of deficiencies in respect of other DEPs which needs to be acted upon by all the States/UTs subject to any grievance being raised before the Tribunal, in case of any difficulty. Data needs to be updated as per ground situation. In respect of Districts/States plans have not yet been prepared, the same needs to be done forthwith so that based on such plans, National plan can be prepared which may go a long way in protection and management of environment for achieving goals of Sustainable Development. The plans so prepared need to be periodically revised and updated preferably as on 31st March for every year and executed in respect of all concerned thematic areas. Compliance needs to be monitored at District Level, State Level and National Level in the light of 22 gaps identified. To give impetus to compliance, in addition of having regular monthly meetings of the District Level Committees, it may be necessary to hold an annual conference to be presided over by the District Magistrates with the involvement of Educational Institutions, Welfare Associations, Local Bodies including Panchayats, Eco-clubs, other concerned Departments and activist identified by the District Administration and nominees of District Legal Services Authorities. The State PCBs/Environment Departments needs to coordinate the same. MoEF&CC/CPCB also needs to oversee and guide such exercise through their respective Regional Offices. Targets achieved and set need to be published and best practices experimented and adopted need to be mentioned. Apart from the thematic areas already specified any other thematic area relating to the goals of environmentally sustainable development can also be added. Contribution of any individual/ organization can be appropriately acknowledged. To begin with, such annual conferences may be held atleast in one District in every State, to be identified by the Environment Department of States/UTs, with intimation to the CPCB before 30.06.2022. CPCB may compile relevant data of further progress in the matter in light of above observations and file a consolidated progress report as on 31.08.2022 by 15.09.2022 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
19. We request the Oversight/Monitoring Committees whose term may be expiring or may have expired to continue till submission of final report as on 31.08.2022 so that compliance of such plans can be ascertained for some time. The Oversight Committees may in their progress reports also mention the compliance status and further recommendations for effective execution of such plans so as to bridge the gap in compliance of environmental norms in respect of various thematic areas."
7. In pursuance of above, we have received reports from the monitoring Committees constituted by the Tribunal for Punjab, Haryana and U.P., apart from report of CPCB dated 10.10.2022 to which reference may be briefly made.
Report of Punjab Monitoring Committee dated 21.12.2022
8. The Committee has mentioned its deliberations on the subject and interaction with the authorities about contents of the report and challenges in compliance of norms in the Districts dealt with. The Committee has reached its conclusions and made recommendations as follows:-
23"9.0 Overall conclusions and recommendations Based on the discussion held with District Level Officers of various districts of the State of Punjab by the Monitoring Committee, visit of various sites by officers of Punjab Pollution Control Board and seen online through Whatsapp by the Chairman of the Monitoring Committee and physical verification made by the Monitoring Committee, the following conclusions and recommendations are made:
9.1 Solid Waste Management
1) As per the data prepared by the Department, 84% source segregation of solid waste has been achieved by all the Municipal Councils of the State, whereas, as per discussion held with the District Level Officers of various districts of the State by the Monitoring Committee, it has been observed that almost all Municipal Councils/ corporations of various districts have achieved 55-100% source segregation of solid waste. Also, as per the reports submitted by the officers of the Punjab Pollution Control Board, who were deputed to visit various sites of the solid waste management, there was poor source segregation of solid waste or negligible source segregation of solid waste. Source segregation of solid waste is a prime activity for managing solid waste through various other activities. The situation was too alarming and miserable. On the request of the officers of the Municipal Corporations/ Councils of various Local Bodies of districts of the State, the timeline to achieve 100% source segregation by MCs was extended to 31.12.2022 and it was asked to mention the said timelines in the revised District Environment Plans.
Therefore, the Monitoring Committee recommends that all Municipal Corporations/Councils of various districts of the State may achieve 100% source segregation of solid waste by 31.12.2022.
2) The data submitted by the Department indicate that 99% door to door collection of solid waste has been achieved by MCs, whereas, during the meetings held with the District Level Officers of various districts of State of Punjab, it was observed by the Monitoring Committee that for door to door collection and transportation of solid waste to the solid waste management sites, some of the Municipal Corporations/ Councils have inadequate compartmentalized vehicles for door to door collection of solid waste and GPS enabled vehicles deployed for transportation of solid waste were also inadequate. On the request made by the officers 24 of various Municipal Corporations/Councils, the timelines for the same have been extended and it was requested to mention the revised timeline in the revised District Environment Plans.
The data further indicate that most of the Municipal Corporations/ Councils have not provided additional compartment with each door to door solid waste collecting vehicle for collection of domestic hazardous waste and no additional compartment has been provided at MRF site of each MC for temporary storage of domestic hazardous waste.
The Monitoring Committee recommends as under:
a) All the Municipal Corporations/Councils/GLADA /GMADA/JDA/BDA/ PDA or any other development/ authority may provide adequate number of compartmentalized vehicles for door to door collection of solid waste and GPS enabled compartmentalized vehicles for transportation of solid waste to the solid waste management sites by 31.8.2022/30.9.2022/31.12.2022.
b) All MCs may provide additional compartment with each door to door solid waste collecting vehicle for separate collection of domestic hazardous waste by 30.09.2022 / 31.12.2022 and separate compartment at MRF site of each MC may be provided for separate collection of domestic hazardous waste by 30.09.2022 / 31.12.2022. All MCs may make agreement with common hazardous waste treatment disposal facility or common bio medical waste management facility by 30.09.2022 / 31.12.2022.
3) In the report/data submitted by the department, it has been mentioned that 8233 aerobic compost pits have been provided against the requirement of 8386 compost pits, which is 98% of the total compost pits to be provided by the various MCs. Further, the data mentioned in the District Environment Plans indicates that most of the MCs/ corporations have provided adequate number of compost pits for treatment of wet waste but during the monitoring carried out by PPCB and seen online through Whatsapp by the Chairman of the Monitoring Committee and also physically verified by the Monitoring Committee, it was observed that either most of the compost pits provided by MCs were empty or some were filled with mixed waste or dry waste. In some compost pits, wild grass was found grown and some compost pits were found broken. Therefore, overall condition of the compost pits was miserable.
25On the request of the Municipal Corporations/ Councils, the timeline for providing adequate number of compost pits for treatment of wet waste was extended to 30.9.2022/31.12.2022 and it was asked to mention the said timeline in the revised District Environment Plans.
The Monitoring Committee recommends as under:
i) All Municipal Corporations/ Councils and other departments may provide adequate number of compost pits for treatment of wet waste by 30.9.2022/31.12.2022.
ii) The wild grass grown in the compost pits may be removed immediately by all the MCs, wherever, such irregularities have been observed and these compost pits may be utilized in scientific manner and it shall be ensured by all MCs and other departments that these compost pits may be utilized entirely for treatment of wet waste and no other waste may be disposed of into these compost pits.
iii) Compost pits provided by MCs, which have been broken, may be repaired immediately.
iv) All Municipal Corporations / Councils may issue necessary directions to the Bulk Waste Generators of Solid Waste existing in their area to provide compost pits of adequate capacity of manage wet waste on their own by 31.03.2023. For management of dry waste, these bulk waste generators may be directed to make agreement with concerned MC with suitable user charges to be paid to MC by Bulk Waste Generators by 31.12.2022.
4) In the report of the Department, it has been mentioned that 266 MRFs (87.2% MRFs) have been provided against the requirement of 305 MRFs. In the District Environment Plans of various Districts of the State, it has been mentioned that most of MCs and other departments have provided adequate number of Material Recovery Facilities but during the visit made by the officers of Punjab Pollution Control Board and seen online through Whatsapp by the Chairman of the Monitoring Committee and physically verified by the Monitoring Committee on random basis, it was observed that some of the Material Recovery Facilities were either lying empty or containing mixed waste. During the meeting with the District Level Officers of various districts of the State, on the request of the Municipal Corporations/ Councils and other Departments, timeline for providing adequate number of MRFs has been extended to 30.09.2022/ 31.12.2022 and 26 it was requested to mention the said timeline in the revised District Environment Plans.
Therefore, the Monitoring Committee recommends that all Municipal Corporations/ Councils and other departments may provide adequate number of Material Recovery Facilities (MRFs) for treatment of dry waste by 30.09.2022/31.12.2022 and these MRFs may be utilized for management of dry waste and no mixed solid waste may be disposed of into these MRFs. Segregated dry waste like waste paper, card board, waste plastic, wooden pieces, iron pieces, glass or any other useful material may be sold/disposed off to the authorized recycler/processer in a time bound manner.
5) Out of total 135 Sanitary Landfill sites to be provided by various MCs for disposal of inert and non-recyclable solid waste, 35 sanitary landfill sites have been provided by some of the MCs. During the meeting held with the District Level officers of various Districts of the State, it was observed that some of the Municipal Corporations/Councils have identified land for development of sanitary landfill sites and some have developed said sites and some of the MCs even haven't identified suitable sites for development of sanitary landfill site. On the request of the Municipal Corporations/ Councils and Officers of the other departments concerning to the matter, the timeline for constructing sanitary landfill sites scientifically was extended to 30.09.2022/ 31.12.2022 and it was requested to mention the said timeline in the revised District Environment Plans.
The Monitoring Committee recommends that all Municipal Corporations/ Councils and other departments of various districts of State, may identify suitable site for sanitary landfill and same may be developed/ constructed scientifically by 30.09.2022/31.12.2022/31.1.2023.
6) Regarding remediation of legacy waste, it was observed that during the visit by officers of the PPCB and seen online through Whatsapp by the Chairman of the Monitoring Committee, there was no or negligible remediation of legacy waste and some of the legacy waste dump sites are located on the bank of water bodies. At some legacy waste dump sites, animals were found eating solid waste and at some places of legacy waste dump sites, fire incidents were observed. At same places, solid waste was found dumped underground and concerned MCs (Ludhiana, Batala, )agraon, Hariana and Ferozepur) were directed to extract the said solid waste and may be remediated in a time bound manner. Further, the data submitted by the Department indicate that out of total 152 legacy waste dump sites, 27 remediation of legacy waste has been completed in 32 ULBs and process of remediation of said waste has been initiated in 120 ULBs.
On the request of the Municipal Corporations/ Councils of various districts and other officers present in the district level meetings held with the District Level Officers of various districts of the State, the timeline for remediation of legacy waste was extended to 30.9.2022/31.12.2022 and it was directed to mention the said timeline in the revised District Environment Plans.
The Monitoring Committee recommends as under:
i) All the Municipal Corporations/ Councils of various districts of the State, may remediate 100% legacy waste by 30.9.2022/31.12.2022/
31.3.2023. MCs Jalandhar and Ludhiana may remediate 100% legacy waste by 31.3.2023 and 30.4.2024, respectively.
ii) All MCs may maintain proper record mentioning the quantity of legacy waste remediated and quantity of fractions like bio-soil, RDF, C&D waste & inert waste produced after remediation of legacy waste and scientific disposal of each of fraction may be maintained.
iii) PPCB may submit its report regarding remediation of solid waste found dumped underground by MCs Ludhiana, Batala, Jagraon, Hariana and Ferozepur within 15 days.
9.2 Plastic Waste Management
1) During the discussion held with the District Level Officers of various districts of State, it was submitted that 100% door to door collection of dry waste including plastic waste has been achieved by all MCs except MC Ludhiana and Jalandhar. The site visits made by the officers of the Punjab Pollution Control Board indicate that wet waste, dry waste including plastic waste is collected from door to door in 100% of the area of the Municipal Corporations/ Councils except MC Ludhiana and Jalandhar.
The Monitoring Committee recommends as under:
i) All the Municipal Corporations/ Councils may continue to collect dry waste including plastic waste from door to door in 100% of their area.
ii) MCs Ludhiana and Jalandhar may achieve 100% door to door collection of dry waste including plastic waste by 30.9.2022/31.12.2022.28
2) For collection of plastic waste at plastic waste collection centers, it has been mentioned that material recovery facilities have been provided by each MC. It was directed as under.
All the Municipal Councils/ Corporations may provide dedicated plastic waste collection centers at Material Recovery Facility sites entirely for the collection of plastic waste by 30.6.2022/30.9.2022.
3) All the Municipal Councils/ Corporations and other departments of various districts of the State may ensure that adequate number of waste pickers/ workers and GPS enabled compartmentalized vehicles are deployed for collection and transportation of dry waste including plastic waste to the material recovery facility sites.
4) For scientific disposal of plastic waste, there is need to identify plastic waste recycling/ processing facilities existing within or outside State and Municipal Councils of various districts of the State may make agreement with the authorized plastic waste recycling/processing facilities and thereafter, the plastic waste collected at plastic waste collection centers may be sent to the said facilities.
The Monitoring Committee has already recommended that all Municipal Corporations/ Councils and other departments may identify authorized plastic waste recycling/ processing facilities within or outside State by 30.09.2022 and agreement with these authorized agencies may be made by all MCs by 31.10.2022 and plastic waste collected at plastic waste collection centers may be started sending to the authorized plastic waste recycling/ processing facilities by 30.11.2022. Further, these MCs may also adopt some other mechanism for useful usage of plastic waste like construction of roads, waste to energy plant etc. in a time bound manner.
9.3 C&D Waste Management For setting up of processing facility for management of C&D waste, it has been mentioned in the report of the department that out of 163 ULBs, C&D waste processing facilities are required to be provided in case of 142 ULBs, out of which, such facilities have been provided in 140 ULBs. In 139 ULBs micro units have been provided. In Jalandhar 60 TPD C&D waste processing plant has been commissioned and 100 TPD capacity processing plants for C&D waste have been proposed each in MC Ludhiana and Amritsar. It is mentioned here that during the meetings held with District Level officers 29 of various Districts of the State, the Monitoring Committee observed that some of the Municipal Councils/ Corporations of various districts of the State have identified suitable sites for collection/ deposition of C&D waste, whereas, other MCs are yet to identify suitable sites for collection/ deposition of C&D waste for management of said waste.
Therefore, the Monitoring Committee recommends as under:
i. All the Municipal Corporations/Councils, which have not identified suitable sites for collection/ deposition of C&D waste for its management, may identify the same at the earliest. Municipal Corporations of the State may provide C&D waste processing plants to make C&D waste usable for useful usage like paving blocks, tiles, use in lower layer of roads, other rural roads etc. by 31.12.2022/31.3.2023.
ii. Municipal Councils of various districts of the State may provide appropriate machinery for making C&D waste usable for various usage as per requirement in the area by 31.12.2022.
iii. Municipal Councils/ Corporations may fix user fee for collection and transportation of C&D waste from residential houses and commercial complexes to the C&D waste deposition sites at the earliest.
iv. Municipal Corporations Ludhiana and Amritsar have proposed to install C&D waste recycling facilities each of capacity 100 TPD and these recycling/processing facilities may be set up by 31.10.2023.
9.4 Bio Medical Waste Management The Monitoring Committee recommends as under.
1) Punjab Pollution Control Board shall ensure that all the health care facilities existing in each district are identified and their inventory may be made ready for monitoring of each HCFs by PPCB in a time bound manner.
2) Punjab Pollution Control Board shall ensure that all the Health Care Facilities (HCFs) have valid authorization under the Bio-medical Waste Management Rules, 2016 and these have made proper agreement with the Common Bio Medical Waste Treatment Facilities for management of bio medical waste.
3) In order to ensure the effective disposal of bio medical waste, bar code system may be adopted by all the Health Care Facilities of all the districts by 31.12.2022. Punjab Pollution Control Board may check routes of the vehicles, deployed by Common Bio Medical Waste Treatment Facilities for collection of biomedical waste 30 from various HCFs and its transportation to common biomedical waste treatment facilities.
4) All the Health Care Facilities of various districts of the State may provide wastewater treatment plant to treat chemical based liquid effluent and sewage generated by the Health Care Facilities by 31.12.2022.
9.5 Hazardous Waste Management The following recommendations are made by the Monitoring Committee:
1) Punjab Pollution Control Board shall ensure that all the hazardous waste generating industries are identified and all such industries may have valid authorization under the Hazardous Waste Management Rules, 2016 by 31.12.2022 and shall ensure that all these industries have made proper agreement with the Hazardous Waste Disposal Facilities set up in the State for collection and treatment of hazardous waste generated by the industries.
2) Regarding training to the workers involved in handling/ recycling/ disposal of hazardous waste, Punjab Pollution Control Board may mention the information with regard to number of workers to whom training was imparted in the last 3 months for scientific disposal of hazardous waste by the industries and TSDF. Further planning and its frequency to provide trainings to the workers on the said issue by the common hazardous waste management facility operator and the industries may also be mentioned in the revised District Environment Plans. Also, the trainings w.r.t safety of workers during handling, recycling and disposal of hazardous waste may be imparted on quarterly basis and PPEs may be provided to the workers by the common hazardous waste disposal facility and the industries from time to time and the same may also be mentioned in the revised District Environment Plans.
9.6 E-Waste Management The recommendations made by the Monitoring Committee are as under:
1) Punjab Pollution Control Board and Municipal Councils/ Corporations of the districts may complete inventory of e-waste generators/ bulk waste generators for e-waste at the earliest.
2) E-waste collection centers within MC area may be provided by all the Municipal Councils/ Corporations in consultation with PPCB by 31.12.2022. MCs may evolve mechanism to incentivize the public to encourage them to deposit e-waste at e-waste collection centers.31
3) All the stakeholders/ Municipal Councils/ Corporations may identify authorized recycler/ dismantler/ processor of e-waste existing within the State or outside at the earliest and agreement may be made by stakeholders/ MCs with the authorized agency (recycler/ dismantler/ processor of e-waste) accordingly and stakeholders/ Municipal Councils/ Corporations may start sending e-waste collected at e-waste collection points to the authorized agency by 31.12.2022.
4) Punjab Pollution Control Board and Municipal Councils may jointly identify illegal e-waste recycling/ dismantling facilities and informal sectors dealing with e-waste at the earliest and these illegal e-waste recyclers/ informal sectors may be regulated to bring them into main stream with regard to management of e-waste by 31.12.2022.
9.7 Air Quality Management During the meeting held with the District Level Officers of various districts of the State, the Monitoring Committee was informed that all the air pollution sources existing in the district have been identified and necessary pollution control measures have been taken to control air pollution from various sources of air pollution. Manual Ambient Air Quality Monitoring Stations have been installed in 20 districts including 01 continuous ambient air quality monitoring station each in four districts. In the remaining 3 districts namely Kapurthala, Moga and Tarn Taran, no ambient air quality monitoring stations have been set up. Air quality monitoring data is available on Punjab Pollution Control Board & CPCB websites. In major industrial towns like Ludhiana, Jalandhar, Amritsar, SAS Nagar, Ropar, Dera Bassi and Mandi Gobindgarh there is need to provide/ increase the number of Continuous Ambient Air Quality Monitoring Stations (CAAQMS). In non-attainment cities, district level action plans need to be prepared. Therefore, the Monitoring Committee recommends as under:
1) Punjab Pollution Control Board shall ensure that all the air polluting industries/ sources of air pollution may have provided with adequate air pollution control systems to control air pollution from these sources.
2) The ambient air quality data ascertained from manual as well as continuous ambient air quality monitoring stations may be made available in public domain and may also be displayed at prominent places of the towns of the districts to make the public aware about the ambient air quality and AQI of the town.32
3) Punjab Pollution Control Board may install new/additional Continuous Ambient Air Quality Monitoring Stations (CAAQMS) in the major industrial towns of the State to get the real time data of the town by 30.06.2023.
4) District level action plan may be prepared for all the non-attainment cities/ towns at the earliest and the same may be monitored at District as well as State level.
5) Crop residue burning is one of the major source of air pollution in the State. Punjab Pollution Control Board may enhance the monitoring mechanism and take legal remedy to control burning of crop residue during harvesting season. Department of Agriculture may encourage the farmers to provide agriculture machinery of modern technology for in-
situ remediation to stop burning of crop residue. For ex-situ management, biomass based power plants, ethanol manufacturing plants, other crop residue using industrial plant and other technologies under the guidance of CPCB may be set up in a time bound manner to ensure zero burning of crop residue in the harvesting season in the State.
6) All the concerned departments like PWD (B&R), MCs, DDPOs, Forest Department and PSIEC may provide plantation of suitable variety along highways, within MC areas/drains/Nallahs, industrial zones, ponds, legacy waste dump sites and vacant places in the upcoming season.
7) All berms of the roads and deep holes in the roads may be made pucca/repaired by PWD (B&R) and MCs by 31.12.2022.
9.8 Water Quality Management The directions/recommendations w.r.t Water Quality Management are mentioned as under:
i. The Monitoring Committee during the meeting held with the District Level Officers of various districts has observed that in some districts, inventory of water bodies is yet to be prepared and on the request of the Department of Irrigation and Rural Development & Panchayats, the timeline for the same was extended to 30.9.2022. The Monitoring Committee recommends that inventory of water bodies may be completed at the earliest.
ii. Regarding rejuvenation of ground water, all the MCs and departments in various districts of the State have been directed to comply with order dated 1.6.2022 in OA no. 325 of 2015 in the matter of Lt. Col. Sarvadaman Singh Oberoi Vs Union of India, wherein, it has been directed that harvesting of surplus water during excessive rains 33 from any area of catchment may be optimized by enhancing the capacity of existing ponds/water bodies and setting up of additional water bodies/water harvesting structures wherever viable and creation of at least one pond/water bodies in every village to recharge ground water.
iii. All MCs shall ensure the compliance of the condition mentioned in the approval letter while approving the building plans of houses having an area more than 250 Sq. Yard and commercial projects regarding providing the rainwater harvesting systems in all houses/commercial projects in a time bound manner.
iv. MCs/ District Administration of all districts shall start providing rain water harvesting system by utilizing the large roof area of the Govt. buildings/institutions by 31.12.2022 and rain water harvesting structures may be provided to inject roof rain water underground to recharge ground water.
v. Regarding installation of Sewage Treatment Plants in various towns/cities of the State, 133 STPs of capacity 1836 MLD have been installed, 52 STPs of capacity 567.45 MLD are under construction and the same shall be completed by 31.12.2022. 32 STPs of capacity 69.9 MLD are at tendering stage and 26 STPs of capacity 97.5 MLD are at DPR stage. These STPs shall be completed by 31.12.2023.
The Monitoring Committee recommends that all the STPs, which are under construction, shall be completed by 31.12.2022 and the STPs which are at tendering stage as well as at DRP stage, shall be completed by 31.12.2023.
vi. 14 in-situ bio remediation technology systems are in operation and 11 such systems are under construction.
The Monitoring Committee recommends that in-situ bio remediation technology systems may be completed by 31.3.2023.
vii. The status of CETPs installed for treatment of industrial effluent is mentioned as under:34
Sr. Name of CETPs Compliance
No. status
1 0.5 MLD for electro-plating units, compliant
Ludhiana
2 0.5 MLD for leather complex, Jalandhar compliant
3 0.035 MLD for vegetable tanning, compliant
Malerkotla
4 15 MLD for Bahadur-ke-road dyeing Non-
industries, Ludhiana compliant
5 40 MLD for Textile dyeing of Focal Point, Non-
Ludhiana compliant
6 50 MLD for Textile dyeing of Tajpur road, Non-
Ludhiana compliant
The Monitoring Committee recommends that Punjab Pollution Control Board shall monitor the performance of all the CETPs as mentioned above on quarterly basis and necessary directions may be issued to the CETP operators to make all the CETPs compliant at all the times.
viii. For treatment of animal dung generated by diary complex at Tajpur road, Ludhiana, there is proposal to install bio CBG plant of capacity 6.4 TPD at Tajpur road to handle 300 TPD animal dung. The project is likely to be completed by 30.11.2024.
ix. For management of animal dung generated by Dairy Complex, Haibowal, Ludhiana, a biogas power plant of capacity 1 MW utilizing 180 TPD animal dung is in operation and the said plant is operating at 85 % of its capacity.
x. For installation of ETPs for treatment of wastewater generated by dairy complex, Tajpur road, Ludhiana and Haibowal Dairy Complex, Haibowal, Ludhiana, 02 STPs of capacity 2.25 MLD (Tajpur road, Dairy Complex) and 3.75 MLD (Haibowal Dairy Complex) are under construction and the same shall be completed by 30.6.2023.
xi. For setting up of biogas plant and effluent treatment plant for Jamsher Dairy Complex, Jalandhar, Municipal Corporation, Jalandhar has mentioned that PEDA has retendered the project for setting up of CBG plant of capacity of 12000 m 3 on Boo basis. The work has been allotted in October, 2020 and the plant is likely to be completed by 30.6.2024. Further, for setting up of 2.25 MLD ETP, work has been started and Effluent Treatment Plant may be completed by 30.6.2023.35
xii. Out of total 15466 rural ponds, 540 ponds have been rejuvenated and 568 ponds are under progress. Similarly, out of 249 urban ponds, 51 ponds have been rejuvenated and work is in progress in case of 46 urban ponds.
The Monitoring Committee recommends that all the rural ponds may be rejuvenated by 31.3.2025 in phased manner and urban ponds may be rejuvenated by 31.12.2023.
xiii. In the data submitted by the Department of Soil & Water Conservation w.r.t laying of irrigation network to utilize treated sewage for irrigation, it has been mentioned as under:
• For utilization of treated sewage of 57 STPs of capacity 305 MLD in command area of 8327 hectares, irrigation network has been completed.
• The work of laying of irrigation network for utilization of treated sewage of 7 STPs of capacity 114 MLD in command area of 4015 hectares is under progress and the same shall be completed by 31.3.2023.
• For utilization of 378.5 MLD treated sewage of 30 STPs in command area of 13397 hectares, irrigation projects have been sanctioned and these shall be completed by 30.9.2023.
• In case of 12 STPs of capacity 1013 MLD mainly of Ludhiana, Jalandhar and Amritsar, irrigation schemes are not feasible due to thick populated area or non-availability of command area for utilization of treated sewage of the said towns for irrigation.
• The Department of Soil and Water Conservation shall prepare irrigation schemes for utilization of treated sewage of the towns, whose STPs are under progress or at DPR stage may be prepared by 31.3.2023 and these may be implemented simultaneously with the commissioning of the STPs.
The Monitoring Committee recommends as under:
i) Treated sewage of 57 STPs of capacity 305 MLD may be continued to utilize for irrigation in a command area of 8327 hectares.
ii) The work of laying of irrigation network for utilization of treated sewage of 7 STPs of capacity 114 MLD in command area of 4015 hectares, may be completed by 31.3.2023.36
iii) For utilization of 378.5 MLD treated sewage of 30 STPs in command area of 13397 hectares, irrigation network may be completed by 30.9.2023.
iv) For utilization of treated wastewater of STPs of Ludhiana, Jalandhar and Amritsar with total capacity 1013 MLD, irrigation schemes for each town may be prepared by 28.02.2023 and irrigation network for utilization of treated sewage of these towns may be completed by 30.09.2023.
v) The Department of Soil and Water Conservation may prepare irrigation schemes for utilization of treated sewage of the towns, whose STPs are under progress or at DPR stage by 31.3.2023 and these may be implemented simultaneously with the commissioning of the STPs.
9.9 Industrial Wastewater Management The Monitoring Committee recommends as under:
i. Punjab Pollution Control Board shall monitor the compliance of provisions of Water Act, 1974 by all the water polluting industries twice in a year and action against the violating industries may be taken under the provisions of said Act.
ii. OCEMS in all the industries falling under 17 categories of industries and other industries as per CPCB guidelines may be installed by 31.12.2022.
iii. Regarding installation of Electromagnetic Flow Meter (EMF) at inlet and outlet of ETPs of the industries, the Monitoring Committee has observed that most of the industries have installed Electromagnetic Flow Meters at outlet of ETPs and the industries are yet to install EMFs at inlet of ETPs.
Therefore, the Monitoring Committee recommends that PPCB may issue necessary directions to all the water polluting industries to install EMFs at inlet and outlet of ETPs by 31.12.2022.
9.10 Mining Activity Management The Monitoring Committee observed that out of total 23 districts of the State, mining activities exist in 12 districts and the Department of Irrigation has informed that surprise inspections of mining sites are carried out by the department to check the compliance of the conditions as mentioned in Mining Plan, Environment Management Plans and Environmental Clearance granted by SEIAA, Punjab/MoEF.
The Monitoring Committee recommends that Department of Irrigation may monitor the compliance of the directions issued by the Hon'ble National Green Tribunal in its order dated 26.2.2021 in OA no. 360 of 2015 in the matter of National Green Tribunal Bar Association Vs Virender Singh 37 (State of Gujarat), conditions imposed in Mining Plan, Environment Management Plans and Environmental Clearance granted by SEIAA, Punjab/MoEF and action against the defaulting mining lease holders may be taken as per the directions given by Hon'ble National Green Tribunal in the said order in a time bound manner.
9.11 Noise pollution management Punjab Pollution Control Board informed that 01 noise level meter is available with each of its Regional Office and presently, noise level meters are available in all the 17 Regional Offices of the Board. The department of Police informed that no noise level meters are available with any of its office.
The Monitoring Committee recommends as under.
1. Punjab Pollution Control Board may procure at least 01 noise level meter for each district of the State by 31.12.2022. These noise level meters may be made available with each Regional Office of the Board for monitoring the ambient noise level in noise zones and salience/sensitive zones or for addressing any complaint w.r.t noise pollution in any area.
2. The Department of Police may procure adequate number of noise level meters in each district of the State by 31.12.2022 to monitor the noise level of the area, where the complaints are received regarding creation of noise by any activity in the area.
9.12 Management of waste in rural areas of the State:
Compliance of order dated 8.2.2022 in OA no. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of India & Ors.
The Monitoring Committee has observed that in most of the districts of the State, no progress report and action plan has been prepared for waste management (Solid Waste Management, Plastic Waste Management, C&D Waste Management, E-Waste Management), Water Quality Management, Sewage Management and Noise Pollution Management of villages of various districts by the District Development and Panchayat Officers.
Therefore, the Monitoring Committee recommends that District Development and Panchayat Officer of each district may mention the progress made and prepare scheme/proposal for management of all the activities covering all the major activities like solid waste management, plastic waste management, C&D waste management, e-waste management, water quality 38 management, sewage management and noise pollution management by 31.10.2022/31.12.2022 and the same may be mentioned in the revised District Environment Plans of the various districts of the State. These schemes may also be implemented in phased manner.
9.13 Other Environmental issues in the districts and compliance thereof 9.13.1 EPR of producers: Linkage with producers/ brand owners for management of plastic waste.
As per District Environment Plans and discussion held with the District Level Officers of various districts of the State of Punjab, the Monitoring Committee has observed that most of the Municipal Councils/ Corporations have not identified the producers/ brand owners and extended producer responsibility of these brand owners has not been fixed.
Monitoring Committee recommends that all MCs may identify producers/ brand owners, plastic waste processing facilities existing within or outside state by the earliest. These brand owners/ producers may be pursued to make agreement with plastic waste processing facilities for processing of plastic waste and plastic waste may be started sending by MCs/brand owners to the authorized plastic waste processing facilities by 31.12.2022.
9.13.2 Provision of green belt and boundary wall around the legacy waste dump sites.
The Monitoring Committee has observed that most of the MCs have not provided boundary wall and green belt around the legacy waste dump sites. Some MCs have provided green belt and boundary wall in some part of the dump sites.
The Monitoring Committee recommends that all MCs may provide green belt and boundary wall around the legacy waste dump sites before 31.12.2022.
9.13.3 Treatment of leachate generated from legacy waste dump site.
Legacy waste dump sites exist in MCs area from the last many years, which have resulted into generation of leachate from the dumping of solid waste permanently at one place. The leachate collected at solid waste dumping site may become the source of groundwater contamination. Therefore, the treatment of leachate generated from legacy waste dump site is quite imperative due to presence of high organic load (BOD and COD) and toxic pollutants 39 in the leachate. It may seep underground and contaminate the ground water.
Therefore, the Monitoring Committee recommends that all MCs may install Effluent Treatment Plants for treatment of leachate generated at legacy waste dump site of each MC by 31.12.2022.
9.13.4 Carcass should be utilized by adopting rendering process or incineration and priority may be given to carcass utilization plants.
It has been observed by the Monitoring Committee that in all the District Environment Plans, short term measures for management of carcass disposal sites like boundary wall, green belt/ plantation/ hedges have been proposed to be provided within the certain time frame but most of the MCs/ village Panchayats have not taken short term measures for management of carcass disposal sites. For installation of rendering plant or incinerator at Municipal Corporation level or district level, proposals need to be prepared by the Department of Local Government/ District Administration.
Therefore, the Monitoring Committee recommends as under:
i. For management of carcass disposal sites, short term measures like boundary wall and green belt/ plantation/ hedges may be provided by all MCs/ Village Panchayats before 31.12.2022.
ii. To take care of all the animal carcass of all the towns and villages of various districts, the Deputy Commissioner of the concerned district may hold meeting with Executive Officers of all MCs, Punjab Pollution Control Board, DDPO and other concerned departments at the earliest and a proposal for installation of rendering plant or incinerator at district level may be prepared and modern carcass utilization plant may be setup at district level by 30.06.2023/ 31.12.2023.
9.13.5 Management of Wastewater and Solid Waste by the unauthorized colonies/ residential complexes/ commercial complexes developed by private colonizers.
It has been observed that number of illegal/ unauthorized colonies/ residential complexes/ commercial complexes have been developed by private colonizers and these unauthorized colonies have been left by the colonizers without providing sewerage network, Sewage Treatment Plants for treatment of 40 domestic effluent and solid waste management plants (compost pits and Material Recovery Facilities). Therefore, these unauthorized complexes have become the source of contamination of ground water/ soil/ unhealthy environment in the area due to discharge of untreated sewage and solid waste in the area.
Therefore, the Monitoring Committee recommends as under:
i. MCs and DDPO of the district may get install individual STPs and sewerage network for treatment of wastewater discharged by the unauthorized colonies/commercial complexes located within MC area and outside MC area, respectively by 31.03.2023. ii. For management of wet waste and dry waste generated by these unauthorized colonies/ residential complexes/ commercial complexes existing within MC area, MCs may direct these unauthorized complexes to make agreement with suitable user charges to be paid to the concerned MC by unauthorized colonies/commercial complexes for collection, transportation and treatment of wet waste and dry waste by 31.12.2022.
iii. For management of wet waste generated by these unauthorized colonies/ residential complexes/ commercial complexes existing outside MCs area, DDPO may direct these unauthorized complexes to provide adequate number of compost pits to manage wet waste in their premises by 31.12.2022. iv. For management of dry waste, unauthorized colonies/ commercial complexes existing outside MC area, may make agreement with suitable user charges with concerned MC/Village Panchayats for collection, transportation and treatment of dry waste by 31.12.2022.
9.13.6 Removal of Garbage Vulnerable Points The Monitoring Committee has observed that though Municipal Councils/ Corporations have made efforts to remove garbage vulnerable points existing within MC area but number of garbage vulnerable points are still existing in the area.
Therefore, the Monitoring Committee recommends that all the Municipal Councils/ Corporations of various districts of the State may identify Garbage Vulnerable Points existing within MC area and these Garbage Vulnerable Points may be removed and the vacated places after removal of Garbage Vulnerable Points may be converted into useful usage like sitting places, parks, green areas, play grounds etc. by 31.12.2022.
419.13.7 Framing policy for management of highly contaminated faecal sludge generated from the rural area The Monitoring Committee has observed that number of toilets have been constructed in the villages for the facilitation of the villagers to ensure the villages free from open defecation. There may be a problem of disposal of faecal sludge to be generated from the said facilities. Therefore, there is need to evolve technology/ frame policy for management of highly contaminated faecal sludge generated from rural area.
The Monitoring Committee recommends that the State Government may evolve technology/ frame policy for management of highly contaminated faecal sludge generated from rural area by 31.12.2022.
9.13.8 Waste transfer points/ secondary points It has been observed that most of the Municipal Councils/ Corporations are maintaining waste transfer points/ secondary points to store the solid waste temporary at these points after collecting solid waste from door to door in congested areas till its final disposal to wet waste and dry waste management facilities. These waste transfer points/ secondary points create public nuisance and give ugly view to the public/passerby. There is need to provide boundary wall and green belt/plantation around these waste transfer points/ secondary points or alternatively compartmentalized tractor trolleys on rotation basis may be stationed at these points to transfer the segregated wet and dry waste to the solid waste management sites.
The Monitoring Committee recommends that Municipal Councils/ Corporations may station compartmentalized tractor trolleys on rotation basis at waste transfer points/secondary points and wet and dry waste collected in these compartmentalized tractor trolleys may be transferred to compost pits and material recovery facilities, respectively, on rotation basis.
9.13.9 Stopping the entry of solid waste/ garbage into drains/ nallahs/ rivers Solid waste/garbage flow into rivers through drains/ nallahs, may contaminate the water quality of the rivers. There is need to remove the solid waste lying dumped on the bank of drains/ nallahs or into these drains/ nallahs.
42The Monitoring Committee recommends as under:
i. All the MCs may remove solid waste lying dumped along drains/ nallahs passing within MC area on quarterly basis and the solid waste so collected may be sent to the solid waste management sites. ii. Department of Rural Development and Panchayat and Department of Irrigation may remove solid waste lying dumped along drains/ nallahs existing outside MC area on quarterly basis and the solid waste so collected may be sent to the solid waste management sites.
iii. Screens/wire mesh may be installed by Municipal Councils/ DDPO at the inlet of the drains/ nallahs to retain the solid waste so as to restrict the entry of solid waste into rivers/ water bodies by 31.12.2022.
9.13.10 Information, Education and Communication (IEC) activities and involvement of NGOs/ RWAs/ public participation The Monitoring Committee has observed that the involvement of NGOs/RWAs to conduct IEC activities and bring awareness among the public about various activities to manage solid waste is quite imperative. The representatives of all the MCs assured in the meetings that NGO's existing in their area shall be identified and services of NGOs/RWAs shall be utilized to bring awareness among the public about management of solid waste.
The Monitoring Committee recommends that all MCs may identify NGOs/RWAs/SHGs existing in their area and these NGOs/RWAs/SHGs may be involved in various activities of solid waste management.
9.13.11 Setting up of real time water quality monitoring stations in drains/nallahs Presently, treated/untreated sewage of most of the towns is discharged into drains/ nallahs and ultimately into river system and contaminating its water quality.
The Monitoring Committee recommends that Punjab Pollution Control Board may set up adequate number of real time water quality monitoring stations in all the drains/nallahs carrying treated/untreated sewage into river system by 30.6.2023.
9.13.12 Reduction in water utilization by the inhabitants of the towns/cities.
The Monitoring Committee observed that all the STPs are designed and installed on the basis of discharge of wastewater 43 generated on the consumption of water © 135 Ipcd. However, in most of the towns of the State, the water about 200-250 Ipcd is supplied. The excess use of water by the inhabitants has made the STPs inadequate and most of the districts have become over exploited. Therefore, there is dire need to reduce the consumption of water by the inhabitants of the towns/cities. For this purpose, flow meters are required to be installed at the various locations on water supply network to ensure the restricted supply of water to the public or policy need to be framed for supplying restricted quantity of water to the inhabitants of the area.
The Monitoring Committee recommends that all MCs may install flow meters at the appropriate locations on water supply network to ensure the restricted supply of water @ 135 Ipcd to the public by 31.12.2024 in phased manner. Also, the State Government may frame policy for supplying restricted quantity of water to the inhabitants of the various area. Metering system to measure the quantity of groundwater withdrawal may be set up by the individuals to ensure the restricted withdrawal of groundwater @ 135 Ipcd.
In the case of industries, minimum withdrawal of groundwater as per requirement may be made. For excess use of groundwater by the industries, heavy water cess may be imposed on the concerned industry.
9.13.13 Usage of treated wastewater of STPs of the State for landscaping, flushing, firefighting, construction activities, gardening, Industrial Estates, Automobile establishments, washing of vehicles, railway yards and sprinkling purposes during sweeping of roads.
It has been observed that there is lot of scope for use of treated wastewater of STPs for various activities such as landscaping, flushing, firefighting, construction activities, gardening, Industrial Estates, Automobile establishments, washing of vehicles, railway yards and sprinkling purposes during sweeping of roads.
The Monitoring Committee recommends that the treated wastewater of STPs, conforming to the prescribed standards, may be utilized for landscaping, flushing, firefighting, construction activities, gardening, Industrial Estates, automobile establishments, washing of vehicles, railway yards and sprinkling purposes during sweeping of roads and no fresh water may be allowed to use for the said activities.
9.14 Other conclusions and recommendations 44
i) Most of the Municipal Councils/Corporations and other concerned departments could not complete the various activities w.r.t. each thematic area within the timelines as mentioned in the District Environment Plans. Therefore, based on the requests made by the Municipal Councils/Corporations/ other concerned departments, timeline to complete the various activities in the case of some of the MCs was extended up to 30.6.2022/31.8.2022, whereas, in case of other MCs, the timeline was extended upto 30.9.2022/31.12.2022 and in two Municipal Councils/ Corporations (MC Ludhiana and Jalandhar), the timeline was extended upto 31.3.2023. As such, in the overall conclusions and recommendations part of the final report, as mentioned in para no. 9.0 and its subsequent sub-paras 9.1 to 9.13, the recommendations for completing the various activities have been mentioned as 30.6.2022/31.8.2022/30.9.2022/ 31.12.2022 /31.3.2023/ 30.6.2023.
ii) The State Government may fix the accountability of officers, who have failed to deliver results despite the availability of physical and financial resources.
iii) The Monitoring Committee is submitting its final report based on the discussion held with District Level Officers of various districts of the State of Punjab w.r.t. various activities as mentioned in the District Environment Plans of various districts, data/information collected from various departments and site visits made by the Monitoring Committee. It is mentioned here that after the order dated 8.2.2022 in OA no. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of India & Ors, the Monitoring Committee started the monitoring of execution of District Environment Plan of each district through online process, site visits and physical meetings with District Level Officers of each district and observed that the concerned authorities were lacking in completing the activities under various thematic areas well in time as mentioned in each District Environment Plan."
Report of Haryana Monitoring Committee dated 20.12.2022
9. The report is almost on the same pattern which mentions the deliberations it had with the authorities of the State and challenges and shortcomings in compliance of norms with reference to different thematic 45 areas. The conclusions and recommendations of the Committee are as follows:-
"9.0 CONCLUSIONS AND RECOMMENDATIONS 9.1. Overall progress w.r.t. management of solid waste and sewage in the State of Haryana 9.1.1 De-centralized approach - Door to door collection, source segregation and treatment of solid waste State of Haryana has 89 ULBs and 1639 wards. The data submitted by Local Bodies Department, Haryana indicate that 98.8% door to door collection and 70.2% source segregation of solid waste have been achieved in all the wards of the State. The total quantity of solid waste generated by 89 ULBs is 5540 TPD, out of which 3570 TPD is collected and 64.4% is processed through various solid waste management systems. For door to door collection of solid waste, 4005 vehicles have been provided, out of which 3300 vehicles have compartments and 3120 vehicles have GPS system. 851 GVPs have been identified. Also, 1103 BWGs have been identified, out of which 117 BWGs are processing their wet waste on their own. For management of 1877 TPD wet waste, 1674 compost pits have been provided by 59 MCs. For management of 1693 TPD dry waste, 88 MRFs have been provided by 60 Municipal Councils. Mechanized solid waste management projects have been set up in MCs namely Karnal, Sirsa and Rohtak of capacity 150 TPD (waste to compost + RDF plant), 50 TPD (waste to compost + RDF plant), and 175 TPD (waste to compost + RDF plant), respectively.
9.1.2 Centralized or cluster approach for solid waste management As centralized approach for management of solid waste, 13 clusters (Annexure-3) have been formed with open technology (waste to compost, waste to energy, RDF, Bio-methanation and any other suitable technology). Cluster-wise implementation of the projects involves single agency for door to door collection, storage, transportation, processing, treatment and scientific disposal for 22 years of concession period. Presently, out of these 13 clusters, 01 waste to energy plant of capacity 700 TPD with generation of 08 KW electricity has been established in Sonipat since 16.8.2021. Gurugram-Faridabad cluster, based on waste to energy plant of capacity 2100 TPD with generation of 15 MW electricity, is likely to be started on ground by 31.12.2022. The remaining 11 clusters (Bhiwani, Sirsa, Karnal-Kaithal-Thanesar, Ambala-Yamunanagar, Panchkula, Rohtak-Bahadurgarh-Jhajjar, Jind, Rewari, Hisar- Fatehabad, Punhana, Faruknagar) are under tendering stage.46
9.1.3 Status of remediation of legacy waste lying at 76 sites in 89 ULBs The data submitted by the Department indicate that out of total 101 lakh MT legacy waste lying dumped at 76 sites of 89 ULBs, about 39 lakh MT (38.6%) has been remediated and 62 lakh MT (61.4%) of legacy waste is yet to be remediated. 10 ULBs (Loharu, Siwani, Farukhnagar, Pataudi, Gharaunda, Indri, Nilokheri, Nissing, Taraori and Palwal) have remediated 100% legacy waste, which has been quantified as 1.08 lakh MT. Out of 89 ULBs, most of quantity of legacy waste is lying dumped in 38 ULBs, which has been quantified as 89.5 lakh MT, out of which about 39 lakh MT legacy waste has been remediated and the land recovered after the remediation of legacy waste has been measured as 53.25 acres.
The Monitoring Committee recommends as under.
i) 10 MCs have remediated 100% legacy waste.
ii) 78 MCs may remediate 100% legacy waste lying dumped at 65 sites by 31.12.2022.
iii) 01 MC Gurugram shall remediate 100% legacy waste, which is 30 Lakh MT, in a time bound manner.
iv) Fractions (byproducts) namely bio-soil, inert waste, C&D waste and RDF produced after remediation of legacy waste may be disposed of in an environmentally sound manner.
9.1.4 Status of remediation of legacy waste, leachate management and waste to energy plant at Bandhwari site (Gurugram) 9.1.4.1 Legacy waste remediation Total quantity of legacy waste lying dumped at legacy waste dump site at Bandhwari site of MC Gurugram (MCG) and Municipal Corporation Faridabad (MCF) is 33 lakh MT, out of which 10.5 lakh MT has been remediated up to 31.10.2022 and 7.5 lakh MT fresh waste has been dumped by Municipal Corporation Gurugram and Faridabad. As such, presently, 30 lakh MT of legacy waste is lying dumped at Bandhwari site. MCG and MCF are generating fresh waste as 1200 TPD and 1000 TPD solid waste, respectively.
Presently, works have been allotted to process legacy waste of 13 lakh MT at Bandhwari site to M/s PATHYA and Bhoomi Green and these are in progress. 04 tenders of each of capacity 02 lakh MT to process the legacy waste in each work have been received and are under technical evaluation. These works are likely to be allotted by 31.12.2022. However, 02 trommel machines of capacity 4000 TPD each are in-operation but these are working with capacity of 3000 TPD and 1500 TPD due to space constraint. MCG has also hired machinery to process 02 lakh MT legacy waste departmentally. The 47 major challenge in speedy processing of waste is non-availability of sufficient space at Bandhwari site.
In the meeting held under Chairmanship of Chairman Haryana State Pollution Control Board in OA No. 172 of 2021 in the matter of Poonam Yadav Vs M/s Eco Green on 1.12.2022, it has been directed as under:
i) Work to process atleast 20 lakh MT legacy waste should be allotted by MCG by 31.12.2022.
ii) Commissioner, MCG will explore the possibility of storage of RDF and other fractions at alternative sites for which process to obtain requisite permissions for 92 acres land at Gothra Mohabatabad should be expedited.
iii) MCG shall re-claim sufficient space to erect 02 more processing plants by 31.1.2023
iv) Efforts should be made to achieve 9000-10000 TPD legacy waste processing by 31.12.2022 and up to 12000 TPD by 31.1.2023.
Presently, out of 30 lakh MT of legacy waste lying dumped at Bandhwari site, Gurugram, 02 lakh MT legacy waste has been remediated up to 15.12.2022. Further, in order to process fresh waste, land measuring 05 acres in village Basai has been taken by MC Gurugram on lease from GMDA.
The Monitoring Committee recommends that the decisions taken by the Chairman, Haryana State Pollution Control Board in OA No. 172 of 2021 in the matter of Poonam Yadav Vs Eco Green may be implemented within the timeframe as mentioned above.
9.1.4.2 Leachate management At Bandhwari legacy waste dump site, 400 KLD leachate is treated by 02 Disc tube reverse osmosis (DTRO) plants each of capacity 200 KLD. The present treatment capacity of leachate is just sufficient for daily generation of leachate but additional capacity is required to deal with the leachate in rainy season and to treat legacy leachate. In the meeting under the Chairmanship of Chairman, Haryana State Pollution Control Board held on 1.12.2022 in OA No. 172 of 2021, it has been decided that 02 DTROs each of capacity 200 KLD may be procured and made operational from environment compensation funds by 31.3.2023 and leachate generated from the legacy waste shall be treated/dispose off by 28.2.2023.
The Monitoring Committee recommends as under:
i) The leachate generated from legacy waste dump site at Bandhwari site may be treated scientifically by 28.2.2023 as decided by Chairman, Haryana State Pollution Control Board in the meeting held on 1.12.2022 in OA No. 172 of 2021.
ii) The residue generated after treatment of leachate through DTROs may be disposed of at common hazardous waste 48 disposal site, Pali by 28.2.2023. Till then, it may be stored in impervious tank to avoid any leakage/seepage.
9.1.4.3 Status of waste to energy plant of capacity 15 MW at Gurugram Waste to energy plant of capacity 15 MW has been proposed to be set up by utilizing RDF as fuel, which is based on grate technology with natural circulation drum type water tube. The incineration system consists of feeding system, grate system, incinerator system, flue gas cleaning, ash handling system and safety equipment. Each incineration line is equipped with an independent hydraulic system.
For the installation of waste to energy plant of capacity 15 MW at legacy waste dump site, Gurugram, 10 acres of land has been handed over to M/s Eco Green for construction of said plant. Environment clearance under EIA notification dated 14.9.2006 has been granted by MoEF on 1.11.2019 and CTE has been granted by Haryana State Pollution Control Board on 4.12.2019. Engineering, procurement and construction contractor (EPCC) has been finalized and construction work of waste to energy plant shall be started at ground by 31.12.2022.
The Monitoring Committee recommends that waste to energy plant of capacity 15 MW may be completed in a time bound manner.
9.1.5 Waste to energy plant of capacity 8 MW at Sonipat Solid waste generated by MCs Panipat, Sonipat, Ganaur and Samalkha is collected and transported by M/s JBM Environment Pvt. Ltd. As per the record maintained by the agency, 1045136 MT of solid waste has been collected from said MCs for the period February, 2018 to Nov, 2022 and in the month of May, 2022 alone, 12909 MT of solid waste has been collected from said MCs. The solid waste in the dry form is utilized for generation of superheated steam from a boiler of capacity 50 TPH. The said agency is generating about 8 MW electricity. For disposal of inert and non- recyclable waste, sanitary land fill site has been constructed.
The Monitoring Committee recommends that JBM Environment Pvt. Ltd. may continue to remediate 100% solid waste of MCs Panipat, Sonipat, Ganaur and Samalkha. MCs may also ensure that no solid waste is dumped at any place and no garbage vulnerable point exists within their area.
9.1.6 About solid waste generated by MC Manesar (Gurugram) 49 The data submitted by the department indicate as under.
i) About 156000 MT legacy waste was lifted from MC Manesar area and the same was processed at Bawal solid waste dumping site under the supervision of MC Rewari.
ii) For remediation of legacy waste lying at HSIIDC areas, MC Manesar has floated tender and the selected bidder will be given 02 months time for processing of legacy waste.
iii) For door to door collection of solid waste, the work has been started in July, 2022.
iv) For processing of fresh waste, MC Manesar has installed 300 TPD trommel machine and 50 TPD Material Recovery Facilities with components as compost pits, shredder, mini trommel, inert pits, dry waste storage facility. In sector-8, IMT Manesar, Maruti has handed over about 10 TPD automatic material recovery facilities with composting machine.
v) Bulk waste generators (BWGs) have been identified in MC Manesar area and awareness activities are being carried out by MC for processing of wet and dry waste by these BWGs.
vi) MC Manesar has identified 22 rag pickers and is planning to integrate them in solid waste management chain.
The Monitoring Committee recommends that in compliance to order dated 20.7.2022 in OA no. 303 of 2022 in the matter of News item published in the Times of India dated 26.4.2022, MC Manesar may take immediate action regarding remedial action including action for treatment and processing of waste and preparation of crisis management plan, firefighting plan and other mitigation plan under the supervision of Deputy Commissioner, Gurugram and State PCB and report in this regard may be submitted to Haryana State Pollution Control Board.
9.1.7 Management of Construction & Demolition waste The rapid growth of urbanization and development in Haryana has anticipated a proportionate rise in C&D waste and its un-scientific disposal may result in the C&D waste getting mixed with organic waste and other municipal solid waste. Therefore, for management of C&D waste, Government of Haryana has framed a policy on 23.11.2020 with a obligation on Urban Local Bodies to ensure collection, transportation, processing and disposal of C&D waste with a provision that Urban Local Bodies shall levy a user charge for the collection and transportation of C&D waste from all waste generators. Under the said policy, the Town and Country Planning 50 Department is bound to incorporate the site for such facilities in the approved land used plan.
As a part of implementation of the policy, Municipal Corporations, Gurugram and Faridabad have established C&D waste management plant, the details of which are mentioned as under.
9.1.7.1 Construction &Demolition waste management at Gurugram The data submitted by the MC Gurugram indicate that about 800 TPD C&D waste is generated by MC Gurugram. The components of C&D waste are cement concrete, broken bricks, broken cement plaster, rubble, broken stone, soil/sand etc. For management of C&D waste by MC Gurugram, work was allotted to M/s ILFS Environmental Infrastructure and Service Ltd, in the year 2015 with a project cost of Rs. 12.5 crore. C&D waste management plant of capacity 1000 TPD has been set up at village Basai, Gurugram in an area of 04 acres. The plant is in-operation and end products are bricks, curbstone, paver blocks etc. As per record, C&D waste intake at plant is 7,58,741 TPA and 7,28,846 TPA C&D waste is processed. The sale of the recycled products is 5,87,936 TPA.
The photographs showing the machinery installed for processing of C&D waste and end products after processing of C&D waste are mentioned as per Plates 33 to 36.
9.1.7.2 Construction & Demolition waste management at Faridabad Total C&D waste generated by MC Faridabad is 150-200 TPD and work order for setting up of C&D waste management plant of capacity 300 TPD was awarded to M/s Raw 2 Road on PPP mode and plant has been set up at village Riwazpur over an area of 8 acres and the same is in-operation. The end products from the said plant are bricks, curbstone, paver blocks etc. 9.1.8 Decentralized approach for management of solid waste and other activities as mentioned under 07 thematic areas in the District Environment Plans of various districts of State of Haryana The Monitoring Committee has held its detailed discussion w.r.t. District Environment Plans of various districts of the State of Haryana with District Level Officers of various districts and has also made field visits to the solid waste management sites in various MC areas and activity-wise conclusions and recommendations are made as under:
9.1.8.1 Solid Waste Management 51
a) Source segregation of solid waste As per the information provided by the Urban Local Bodies department, 70% source segregation of solid waste has been achieved by MCs of the State. The Monitoring Committee during its meetings with the District Level officers of various Districts of the State, has observed that out of total 22 districts, about 100% source segregation of solid waste has been achieved in 08 districts, 80-90% source segregation of solid waste in 04 districts and in the remaining 10 districts source segregation is less than 80%.
On the request of the Officers of the Municipal Corporations/ Councils of various Local Bodies of districts of the State, timeline to achieve 100% source segregation of solid waste by MCs has been extended to 30.6.2022/ 30.9.2022/ 31.12.2022 and it was directed to mention the said timeline in the revised District Environment Plans.
The Monitoring Committee recommends that all Municipal Corporations/ Councils/HSIIDC of various districts of the State may achieve 100% source segregation of Solid Waste by 30.9.2022/ 31.12.2022.
b) Collection and transportation of solid waste to the solid waste management sites For door to door collection and transportation of solid waste to the solid waste management sites, some of the Municipal Corporations/ Councils have inadequate compartmentalized vehicles for door to door collection of solid waste and GPS enabled compartmentalized vehicles deployed by some of the MCs for transportation of solid waste are also inadequate.
MCs of various districts of the State requested the Monitoring Committee to extend the timelines for providing adequate number of compartmentalized vehicles for door to door collection and GPS enabled compartmentalized vehicles for transportation of solid waste to the solid waste management sites by 30.9.2022/ 31.12.2022. On the request made by the officers of Municipal Corporations/ Councils, the timelines for the same have been extended to 30.9.2022/31.12.2022 and it was requested to mention said timelines in the revised District Environment Plans of various districts of the State.
The Monitoring Committee recommends that all the Municipal Corporations/ Councils/HSIIDC or any other development may provide adequate number of compartmentalized vehicles for door to door collection of solid waste and GPS enabled compartmentalized vehicles for transportation of solid waste to the solid waste management sites by 52 30.9.2022/ 31.12.2022 and said timelines be mentioned in the revised District Environment Plans of various districts of the State.
c) Identification of bulk waste generators and processing of wet and dry waste generated by them The data mentioned in the District Environment Plans indicates that Municipal Councils/Municipal Corporations/HSIIDC have identified 1103 bulk waste generators, out of which 117 bulk waste generators have provided onsite compost pits for management of wet waste. For management of dry waste, no agreement has been made by the Bulk Waste Generators with MCs.
All the Municipal Councils/Corporations/other departments/ HSIIDC requested the Monitoring Committee that timeline for identification of more bulk waste generators, getting provide compost pits of adequate capacity by the identified bulk waste generators and making agreement by bulk waste generators with the concerned MC for management of dry waste may be extended to 30.6.2022/30.9.2022/31.12.2022.
The Monitoring Committee recommends that all MCs/HSIIDC/other departments may identify more bulk waste generators existing within MC area and other areas and get provide compost pits of adequate capacity for treatment of wet waste by 30.6.2022/30.9.2022/ 31.12.2022. These bulk waste generators may make agreement with concerned MC for management of dry waste by 30.6.2022/30.9.2022/31.12.2022 and said timeline may be mentioned in the revised District Environment Plans.
d) Processing of wet waste by ULBs The data provided by the department Local Government indicated that for processing 1877 TPD wet waste generated by MCs, 1674 compost pits have been provided by 59 ULBs. However, during the discussion held with District Level officers of various districts of the State and perusal of the activity w.r.t. management of wet waste, it was observed that adequate number of compost pits have been provided by MCs only in 08 Districts and in the remaining 14 districts, inadequate compost pits are available for management of wet waste and mixed waste is disposed of on legacy waste dump sites. MCs requested that timeline for providing adequate 53 number of compost pits for management of wet waste may be extended to 30.6.2022/30.9.22/31.12.2022.
The Monitoring Committee recommends that all MCs/HSIIDC which have not provided adequate number of compost pits for management of wet waste, may provide the same by 30.6.2022/30.9.22/31.12.2022 and said timeline may be mentioned in the revised District Environment Plans.
e) Management of dry waste In the data submitted by department of Local government, it has been mentioned that 88 MRFs have been provided by 60 ULBs, whereas, during the meeting held with District Level officers of various Districts of the State, the Monitoring Committee observed that adequate number of material recovery facilities (MRFs) for management of dry waste have been provided by MCs only in 9 districts. In the remaining 13 districts, inadequate MRFs have been provided for management of dry waste. MCs/departments requested the Monitoring Committee to extend the timeline for providing adequate number of material recovery facilities to manage dry waste by 30.6.2022/30.9.2022/31.12.2022.
The Monitoring Committee recommends that all MCs/other departments may provide adequate number of material recovery facilities for management of dry waste by 30.6.2022/30.9.2022/31.12.2022 and said timeline may be mentioned in the revised District Environment Plans.
f) Disposal of inert and non recyclable solid waste For scientific disposal of inert and non-recyclable waste, 01 sanitary landfill site is available at Bandhwari site and 01 sanitary landfill site has been proposed to be constructed by MC Faridabad. No sanitary landfill sites have been identified by 20 districts. It was requested that timeline for identification of suitable site for development of sanitary land fill site may be extended to 30.6.2022/30.9.2022and for construction/development of said site scientifically, timeline may be extended to 30.9.2022/31.12.2022/ 31.3.2023.
The Monitoring Committee recommends that all MCs/other departments of 21 districts may identify suitable sites for sanitary land fill sites by 30.6.2022/30.9.2022 and site may be developed / constructed scientifically for disposal of inert and 54 non-recyclable waste by 30.9.2022/ 31.12.2022/ 31.3.2023. It was further directed that said timelines may be mentioned in the revised District Environment Plans. Further, the sanitary landfill existing at Bandhwari site may be redeveloped/restructured scientifically by MC, Gurugram by 31.12.2022.
g) Treatment of legacy waste by MCs Out of total 89 Urban Local Bodies of 22 districts of State of Haryana, legacy waste dump sites exist in 76 Urban Local Bodies and 101 lakh MT legacy waste is lying dumped at various dumping sites of Municipal Councils/Corporations. 100% legacy waste lying dumped at dumping sites of 10 MCs, has been remediated. About 39 lakh MT of legacy waste has been remediated by 38 MCs in which major quantity of legacy waste (89.5 Lakh MT) is lying dumped. About 62 lakh MT of legacy waste is yet to be remediated by MCs.
The Monitoring Committee recommends as under:
i) All MCs may ensure that 100% legacy waste may be remediated by 31.12.2022.
ii) Legacy waste of MC Gurugram and Faridabad, which is about 30 lakh MT is lying dumped at Bandhwari site, may be remediated in a time bound manner.
iii) All MCs may maintain proper record regarding quantity of legacy waste remediated, quantity of byproducts namely Bio soil, inert waste, C&D waste and RDF produced during remediation of legacy waste and these byproducts may be disposed of scientifically in a time bound manner.
9.1.8.2 Plastic Waste Management
a) Door to door collection of dry waste including plastic waste In the District Environment Plans, it has been mentioned that 100% door to door collection of dry waste including plastic waste has been achieved by all MCs. During the meetings held with District Level officers of various districts of the State, the Monitoring Committee has observed that all MCs of various districts except MC Faridabad have achieved 100% door to door collection of dry waste including plastic waste. MC Faridabad has been directed to achieve 100% door to door collection of dry waste including plastic waste by 31.10.2022. Urban Local Bodies Department has mentioned that 100% door to door collection of solid waste has been achieved in 98.78% wards.
55The Monitoring Committee recommends that all Municipal Corporations/ Councils may collect dry waste including plastic waste from door to door in 100% of wards of MCs by 31.12.2022. MC Faridabad may achieve 100% door to door collection of dry waste including plastic waste by 31.10.2022.
b) Material Recovery Facilities and plastic waste collection centers The Monitoring Committee has observed that MCs in 13 districts are yet to provide adequate number of material recovery facilities for management of dry waste. Plastic waste collection centers for collection of plastic waste are also to be provided at these material recovery facilities.
The Monitoring Committee recommends that MCs in remaining 13 districts may provide adequate number of material recovery facilities by 30.6.2022/30.9.2022/ 31.12.2022. Plastic waste collection centers may also be earmarked/provided dedicatedly at material recovery facility sites of each MC and timelines for the same may be kept as 30.6.2022/30.9.22/ 31.12.2022.
c) Disposal of plastic waste in scientific manner It has been observed that plastic waste has been collected by various MCs at material recovery facility sites. There is need to dispose of plastic waste in scientific manner. Some of the MCs have made agreement with cement plants/other agencies engaged in the processing of plastic waste.
The Monitoring Committee recommends that MCs of all the districts of the State may identify authorized plastic waste recycling/processing facilities within or outside State by 30.6.2022 and agreement may be made with these plastic waste processing facilities by 31.8.2022/ 30.9.2022 and plastic waste may be started sending to the authorized agencies by 31.10.2022/30.11.2022/31.12.2022.
The Monitoring Committee further recommends that all MCs of the State may deploy adequate number of waste pickers/workers and GPS enabled compartmentalized vehicles for collection and transportation of plastic waste to the plastic waste collection centers and the same may be mentioned in the revised District Environment Plans.
9.1.8.3 C&D Waste Management 56 For management of C&D waste, there is need to identify suitable sites for deposition of C&D waste and it may be further processed to make it recyclable to use it for useful usage. The data mentioned in the District Environment Plans and as per the discussion held with the District Level officers of various districts of the State, it has been observed that presently, most of the MCs have not developed C&D waste deposition sites and no machinery/plant has been set up for recycling of C&D waste except 01 C&D waste processing plant of capacity 1000 TPD is functional in Gurugram and 01 C&D waste processing plant at Faridabad. Some of the MCs have also not fixed user fee for collection and transportation of C&D waste generated by the individual houses/ residential complexes/ commercial projects.
The Monitoring Committee recommends as under:
1) All MCs in the remaining 20 districts may identify suitable sites for deposition of C&D waste by 30.6.2022/30.9.2022 and the sites may be developed scientifically for scientific disposal of C&D waste and appropriate machinery/C&D waste processing plants may be set up at C&D waste deposition sites by 31.12.2022 and recyclable C&D waste may started utilizing for useful usage by 31.1.2023.
2) Municipal Councils/ Corporations may fix user fee for collection and transportation of C&D waste from residential houses and commercial complexes to the C&D waste deposition sites by 30.6.2022/30.9.2022.
9.1.8.4 Bio Medical Waste Management The Monitoring Committee recommends as under:
1. Haryana State Pollution Control Board may identify all health care facilities existing in each district by 31.08.2022 and inventory of the same may be completed by 30.09.2022.
2. Haryana State Pollution Control Board shall ensure that all the health care facilities have valid authorization under the Bio-medical Waste Management, 2016 and these have made proper agreement with the Common Bio Medical Waste Treatment Facility for management of bio medical waste.
3. In order to ensure effective disposal of bio medical waste, bar code system may be adopted by all the health care facilities of the districts by 31.12.2022.
4. Haryana State Pollution Control Board may make surprise inspection of vehicles carrying bio-medical waste in different colour coded bins and co-relate the data w.r.t. quantity of bio-medical waste received and treated scientifically at common bio-
medical waste treatment facilities and quantity of 57 bio-medical waste collected from the health care facilities.
5. All health care facilities of various districts of the State may provide wastewater treatment plants to treat chemical based liquid effluent and sewage generated by the Health Care Facilities by 31.12.2022.
9.1.8.5 Hazardous Waste Management The Monitoring Committee recommends as under:
1) Punjab Pollution Control Board may identify all the hazardous waste generating industries by 31.08.2022 and inventory may be prepared by 30.9.2022 and HSPCB may issue necessary directions to such industries to get authorization under the Hazardous Waste Management Rules, 2016 by 31.10.2022 and shall ensure that all these industries have made proper agreement with the Hazardous Waste Disposal Facilities set up in the State for collection and treatment of hazardous waste generated by the industries.
2) Regarding training to the workers involved in handling/recycling/disposal of hazardous waste, HSPCB may mention the information with regard to number of workers to whom training was imparted in the last 3 months for scientific disposal of hazardous waste and further planning and its frequency to provide trainings to the workers on the said issue by the common hazardous waste management facility operator and the industries in the revised District Environment Plans.
Also, the trainings w.r.t safety of workers during handling, recycling and disposal of hazardous waste may be imparted on quarterly basis and PPEs may be provided to the workers by the common hazardous waste disposal facility and the industries from time to time and the same may also be mentioned in the revised District Environment Plans.
9.1.8.6 E-Waste Management The recommendations made by the Monitoring Committee are as under.
1) Haryana State Pollution Control Board and Municipal Councils/ Corporations of the districts may complete inventory of e-waste generators/ bulk waste generators of e-waste by 31.8.2022/30.09.2022.
2) E-waste collection points within MC area may be provided by all the Municipal Councils/ Corporations in consultation with HSPCB by 30.9.2022/31.12.2022. MCs may evolve mechanism to incentivize the public to encourage them to deposit e-waste at appropriate locations.
3) All the stakeholders/Municipal Councils/Corporations may identify authorized recycler/ dismantler/ processor of e-waste existing within the State or 58 outside by 31.8.2022 and agreement may be made by stakeholders/ MCs with authorized agencies (recycler/ dismantler/ processor of e-waste) by 30.9.2022 and stakeholders/ Municipal Councils/ Corporations may start sending e-waste collected at e-waste collection points to the authorized agencies for its scientific disposal and usage by 31.10.2022.
4) Haryana State Pollution Control Board and Municipal Councils may jointly identify illegal e-waste recycling/ dismantling facilities and informal sectors dealing with e-waste by 31.10.2022 and these illegal e-waste recyclers/ informal sectors may be regulated to bring them into main stream with regard to management of e- waste by 30.11.2022.
9.1.8.7 Air Quality Management During the meetings held with the District Level Officers of various districts of the State and in the data as mentioned in the District Environment Plans, it was mentioned that all the air polluting industries in the districts have provided air pollution control measures. Stubble burning is one of the major factors and for this purpose, crop diversification is being made. Awareness among farmers for in-situ management of stubble burning with use of CRM machinery is created from time to time. There is need to make shoulders around the roads pucca so as to improve the existing quality of roads for control of dust emissions. It has also been mentioned that CNG stations are being set up to ensure the supply of cleaner fuel to control air pollution in the area. Besides, HSPCB has installed continuous ambient quality mentoring stations in all the 22 districts of the State and it has been observed that ambient air quality is non- conforming with National Ambient Air Quality Standards (NAAQS).District Level Action Plans to control air pollution in 06 districts have been prepared and in the remaining districts, these plans are under preparation.
The Monitoring Committee recommends as under:
1) HSPCB and other concerned departments shall ensure that all the air polluting industries/ sources of air pollution may have provided with adequate air pollution control system to control air pollution from these sources by 30.9.2022.
2) The ambient air quality data obtained from manual as well as continuous ambient air quality monitoring stations may be made available in public domain and may also be displayed at prominent places of the towns of the districts to make the public aware about the ambient air quality and AQI of the towns.
3) HSPCB may install more Continuous Ambient Air Quality Monitoring Stations (CAAQMS) in the major 59 industrial towns of the State to get the real time data of the towns by 30.06.2023.
4) District level action plan for control of air pollution may be prepared for all the Districts of State of Haryana by 30.09.2022 and the activities mentioned in the said Plan may be monitored at District as well as State level.
5) Crop residue burning is one of major source of air pollution in the State. The Dept. of Agriculture may encourage the farmers to provide adequate agriculture machinery with modern technology for in-situ management of paddy straw/wheat straw.
For ex-situ management, biomass based power plants, ethanol manufacturing plants and other crop residue using industrial plants may be set up in a time bound manner to ensure zero stubble burning in the State in the harvesting seasons.
6) All the concerned departments like PWD (B&R), MCs, DDPO, Forest department, HSIIDC and HSVP may provide plantation of suitable variety along highways, rural roads, MC areas, drains, nallahs, industrial zones, ponds, legacy waste dump sites and other vacant places to attenuate air pollution by 30.9.2022.
7) PWD (B&R) and Municipal Corporations/Councils may provide stabilized/ pucca roads on the berms of the roads and deep holes in the roads may be repaired by 31.12.2022.
9.1.8.8 Water Quality Management The directions/recommendations made by the Monitoring Committee w.r.t water quality management are mentioned as under.
i. Out of 22 districts, inventory of water bodies in 09 districts has been prepared. During the meetings with District Level officers of various districts of the State, the departments requested that inventory of water bodies mentioning the details of the drains, nallahs, rivers, canals, ponds, lakes etc. shall be completed by 31.8.2022/30.9.2022 The Monitoring Committee recommends that inventory of water bodies in the remaining 13 districts of the State may be prepared by 30.9.2022 and said timeline may be mentioned in the revised District Environment Plan.
ii. Regarding rejuvenation of ground water, all MCs and departments in various Districts of the State have been directed to comply with the order dated 1.6.2022 of Hon'ble National Green Tribunal in OA no. 325 of 2015 in the matter of Lt. Col. Sarvadaman Singh Oberoi Vs Union 60 of India, wherein, it has been directed that harvesting surplus water during excessive rains from any area of catchment may be optimized by enhancing the capacity of existing ponds/water bodies and setting up of additional water bodies/water harvesting structures wherever viable and creation of atleast one pond/water body in every village to recharge the ground water.
The Monitoring Committee recommends that District Magistrate of concerned districts may ensure the compliance of the directions of the Hon'ble National Green Tribunal and concerned departments may be directed by the District Magistrates to enhance the capacity of existing ponds/water bodies and setting up of additional water bodies/water harvesting structures wherever viable and creation of atleast one pond/water bodies in every village to recharge the ground water by 30.9.2022.
iii. It has been observed that while approving building plans of the houses having an area more than 250 Sq. yard and commercial projects, the conditions regarding providing the rainwater harvesting system in all houses/commercial projects are imposed. However, these conditions are not got complied by the concerned Municipal Councils/Corporations.
The Monitoring Committee recommends that all the houses having an area more than 250 Sq. Yard and commercial projects, whose building plans were approved up to 31.8.2022, may provide rain water harvesting structures within their premises by 31.3.2023 and said practice may be continued for the upcoming residential houses / commercial projects. For residential/commercial projects upcoming outside MC areas, the concerned development/authority may get adhere the condition of providing rain water harvesting structure in a time bound manner.
iv. MCs/District Administration may direct the concerned department to provide rain water harvesting system utilizing the large roof area of the Govt. buildings/institutions to recharge ground water by 31.12.2022.
9.1.8.9 Status of sewage treatment plants
a) Sewage treatment plants in Gurugram area Canal based water supply about 550 MLD and 70 MLD ground water is supplied to Gurugram area. For treatment of sewage 61 generated by MC Gurugram, 05 STP at two locations i.e Behrampur and Dhanwapur having total capacity as 338 MLD have been installed, out of which 03 STPs of capacity 50 MLD, 68 MLD and 50 MLD are achieving the stringent standards prescribed by Haryana State Pollution Control Board. The remaining 02 STPs of 100 MLD at Dhanwapur and 120 MLD at Behrampur are not achieving the stringent standards. Therefore, tertiary treatment plant of capacity 90 MLD at Behrampur and 75 MLD at Dhanwapur is under allotment with target date of completion as 31.12.2023. Presently, 117 MLD treated wastewater of STPs is utilized for horticulture purposed, textile industries, construction purposes, forestry purposes and irrigation purposes.
b) Sewage treatment plants for treatment of sewage of remaining towns of the State Regarding treatment of sewage generated by the various towns of the State, 170 STPs of capacity 1985 MLD have been installed. 26 new STPs of capacity 467 MLD will be added in the treatment capacity and these will be completed by 31.3.2024. 10 STPs of capacity 369 MLD have been proposed and these shall be completed by 31.3.2024. 02 CETPs of capacity 13 MLD in Ghaggar catchment area and 02 CETPs of capacity 3 MLD in Yamuna catchment area are under construction and these shall be completed by 31.3.2023. 43 STPs of capacity 275 MLD are under upgradation and shall be completed by 31.1.2024.
The data submitted by the Department indicate that 182 MLD untreated wastewater from 166 locations is discharged into drains, out of which 131 MLD wastewater from 107 locations is discharged into sewerage system and 51 MLD untreated wastewater from 59 locations is yet to be diverted.
c) Micro sewage treatment plants and utilization of treated sewage 20 micro sewage treatment plants of capacity of 875 KLD have been installed in parks and green areas. The treated wastewater of these STPs is recycled for watering the plants in parks and horticulture nursery. There is saving of 875 KLD groundwater. Further, micro STPs of capacity 50 KLD at 12 sites, 25 KLD STPs at 06 sites and 100 KLD capacity STPs at 03 sites have been installed, out of which 50 KLD capacity STPs at 09 sites, 25 KLD capacity STPs at 03 sites and 100 KLD capacity STPs at 03 sites are in-operation and from all these 15 operational sites, 825 KLD treated wastewater is recycled. Thus, there is saving of groundwater of 825 KLD.
62The Monitoring Committee recommends as under:
a) HSPCB may monitor the performance of existing STPs twice in a year and it may be ensured that all the STPs may meet with the prescribed standards at all the times.
b) 26 New STPs of capacity 467 MLD, may be commissioned by 31.3.2024 and 10 STPs of capacity 369 MLD may be completed by 31.3.2024.
c) 2 CETPs of capacity 13 MLD in Ghaggar catchment area and 02 CETPs of capacity 3 MLD in Yamuna catchment area may be completed by 31.3.2023.
d) 43 STPs of capacity 276 MLD which are under upgradation may be completed by 31.1.2024.
e) The concerned departments may divert 51 MLD untreated wastewater from 59 locations to sewerage system leading to STPs by 31.12.2023.
f) Department of Panchayats and other concerned departments may install micro sewage treatment plants for other small localities/residential complex at the outskirts areas and treated wastewater of the STPs may be utilized for watering of gardens/ parks or washing of vehicles etc. 9.1.8.10 Insitu remediation technology in the drains/ nallahs carrying untreated wastewater The Monitoring Committee has observed that in some of the towns, STPs of adequate capacity have not installed and untreated sewage is being discharged into drains/nallahs leading to river system and contaminating its water quality. MCs/PHED/HSVP have prepared proposal for installation of new STPs, enhancement of capacity of existing STPs and upgradation of existing STPs but these activities may take at least 11/2 years for their completion and till then, untreated discharges of sewage may continue to pollute river system.
Therefore, the Monitoring Committee recommends that MCs/PHED/HSVP may provide in-situ bio remediation technology in the drains, carrying untreated wastewater not leading to STPs, by 31.3.2023.
9.1.8.11 Industrial Wastewater Management The Monitoring Committee recommends as under:
i. Haryana State Pollution Control Board may monitor the compliance of provisions of Water Act, 1974 of all the water polluting industries twice in a year and action against the defaulting industries may be taken under the provisions of said Act.63
ii. All the industries falling under 17 category of industries and other industries as per the guidelines of the CPCB may install OCEMS to get real time data w.r.t quality of treated effluent by 31.12.2022.
iii. The Monitoring Committee has observed that almost all the industries have installed electromagnetic flow meters (EMFs) at outlet of effluent treatment plants (ETPs) and industries are yet to install EMFs at inlet of ETPs.
The Monitoring Committee recommends that HSPCB may issue necessary directions to all the water polluting industries to install EMFs at inlet of ETPs of these industries by 31.12.2022 and incase any industry, which has not installed EMF even at the outlet of ETP, the same may also be provided by 31.12.2022.
9.1.8.12 Mining Activity Management The Monitoring Committee has observed that out of total 22 Districts of the State, mining activity exists in 10 Districts. The department of Mining has informed that special enforcement teams and District Level Task Force, have been constituted and these teams are monitoring the mining activities to check the compliance of conditions mentioned in Mining Plan, Environment Management Plan, Environmental Clearance granted by MoEF/SEIAA, Haryana and consent to establish/ consent to operate granted under Water Act, 1974 and Air Act, 1981 by HSPCB on surprise basis.
The Monitoring Committee recommends that department of Mining, special enforcement teams and District Level Task Force may monitor the compliance of the various directions issued by the Hon'ble National Green Tribunal in its order dated 26.2.2021 in OA no. 360 of 2015 in the matter of National Green Tribunal Bar Association Vs Virender Singh (State of Gujarat), conditions imposed in Mining Plan, Environment Management Plan and Environmental Clearance granted by SEIAA Haryana/MoEF atleast twice in year.
9.1.8.13 Noise Pollution Management Out of total 22 districts of State of Haryana, noise level meters have been provided in 17 districts by Haryana State Pollution Control Board, whereas, Dept. of Police has not procured noise level meters for monitoring the noise level in the area of their jurisdiction. Haryana State Pollution Control Board is also required to carry out ambient noise level in silence/sensitive zones and noise zones atleast twice in a year.
64The Monitoring Committee recommends as under:
1. The department of Police may procure adequate number of noise level meters in each District of the State by 31.12.2022 to monitor the noise level of the area, where the complaints are received regarding creation of noise by any activity in the area.
2. Haryana State Pollution Control Board may procure atleast 03 noise level meter for each District of the State by 31.12.2022 and these noise level meters may be made available with each Regional Offices of the Board for monitoring the ambient noise level in noise zones and salience/sensitive zones atleast twice in a year and addressing any complaint w.r.t noise pollution in any area.
9.1.8.14 Management of waste by MC Manesar The Monitoring Committee has observed that no progress report/data w.r.t almost all the activities namely Solid Waste Management, Plastic Waste Management, C&D Waste Management, Biomedical waste management, Hazardous waste management, E-
waste Management, air quality management, Water quality management, sewage management, Industrial waste water management, mining activity management and Noise pollution management by MC Manesar has been mentioned in the District Environment Plan.
The Monitoring Committee directed that Nodal Officer in the matter may add all the data w.r.t all the activities as mentioned above regarding MC Manesar in the revised District Environment Plan of District Gurugram.
9.1.8.15 (a) Management of waste in rural areas:
compliance of order dated 8.2.2022 in OA no. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of India & Ors It has been observed by the Monitoring Committee that out of 22 districts of State of Haryana, the progress w.r.t activities such as door to door collection, source segregation of solid waste, treatment of wet waste and management of dry waste and collection of plastic waste have been mentioned in 11 districts namely Sirsa, Fatehabad, Rewari, Mahendragarh, Sonipat, Bhiwani, Charkhi Dadri, Jind, Yamuna Nagar, Hisar and Faridabad. For the remaining 11 districts, no progress report/scheme/proposal w.r.t management of solid waste, plastic waste, C&D waste, e-waste and noise pollution pertaining to rural areas has been submitted.65
The Monitoring Committee recommends that District Development and Panchayat officer of each district of State of Haryana may mention the achievement of progress made and prepare scheme/proposal for management of all the activities covering all the major activities like solid waste management, plastic waste management, C&D waste management, E-waste management, water quality management, sewage management and noise pollution management by 30.09.2022 and the same may be mentioned in the revised District Environment Plan to be submitted by all the Deputy Commissioners of the various districts of the State. These schemes may also be implemented in phased manner.
9.1.8.15 (b) Management of liquid waste in rural areas (Village Panchayats) The Haryana Ponds and Waste Water Management Authority (HPWWMA) was established vide notification dated 23.10.2018 with an objective to promote/monitor, development, protection, rejuvenation, conservation, construction and management of ponds and utilization of treated waste of ponds for irrigation to reduce stress of over exploitation of ground water. The data prepared by Pond Authority indicate that there are 19319 ponds in rural (18456) and urban (863) areas of the State. Pond Authority has prepared annual plan of 5454 ponds (rural:5050 and urban:404) for their rejuvenation/restoration. For restoration/ rejuvenation of village ponds, constructed wet land technology has been selected. Data further indicate that out of 5454 ponds, 1660 ponds of 22 districts have been taken for their rejuvenation under Amrit Sarovar scheme. Out of these 1660 ponds, work has been completed in 187 ponds, work has been allotted in case of 484 ponds and 248 ponds are at tendering stage. 3794 ponds have been covered under non Amrit Sarovar scheme. Out of these 3794 ponds, work of 4 ponds has been completed, work allotted in case 5 ponds and 94 ponds are at tendering stage.
The Monitoring Committee recommends as under.
i) The work of all the 5454 ponds covered under Amrit Sarovar scheme and 3794 ponds covered under non Amrit Sarovar scheme for their restoration/rejuvenation may be completed by 31.12.2023 and 31.3.2024, respectively.
ii) Annual plans for restoration/ rejuvenation of remaining 10071 ponds of the State may be prepared by Pond Authority by 31.3.2023 and these ponds may be rejuvenated/ restored by 31.3.2026 in a phased manner.
66iii) Treated wastewater of 5454 ponds under Amrit Sarovar scheme and 3794 ponds under non Amrit Sarovar scheme may be utilized for irrigation by 31.3.2023 and 31.3.2024, respectively.
9.1.8.16 Other Environmental issues in the Districts and compliance thereof
a) EPR of producers: Linkage with producers/ brand owners for management of plastic waste.
The Monitoring Committee has observed that most of the Municipal Councils/ Corporations have not identified the producers/ brand owners and extended producer responsibility of these brand owners/producers has not been assessed.
Monitoring Committee recommends that all MCs may identify producers/ brand owners by 30.09.2022 and the plastic waste processing facilities existing within or outside State may be identified by 31.10.2022 and these brand owners/ producers may be pursued to make agreement with the plastic waste processing facility for processing of plastic waste by 30.11.2022 and plastic waste may be started sending by MCs to the authorized plastic waste processing facility by 31.12.2022.
b) Provision of green belt and boundary wall around the legacy waste dump site.
The Monitoring Committee has observed that most of the MCs have not provided boundary wall and green belt around the legacy waste dump site. Some MCs have provided green belt and boundary wall in some part of the dump site.
The Monitoring Committee recommends that all MCs may provide green belt and boundary wall around the legacy waste dump site by 31.12.2022.
c) Treatment of leachate generated from legacy waste dump site.
The Monitoring Committee has observed that legacy waste dump sites exist in MC area from the last many years and these have resulted into generation of leachate from the dumping of solid waste permanently at one place. Therefore, treatment of leachate generated from legacy waste dump site becomes essential due to presence of high organic load (BOD and COD) and toxic pollutants in the 67 leachate. It may seep underground and contaminate the ground water, in case it is not treated adequately.
In order to treat leachate generated from legacy waste dump site at Bandhwari, effluent treatment plant has been set up by MC Gurugram at Bandhwari site.
The Monitoring Committee recommends that all MCs may install ETPs for treatment of leachate generated from legacy waste dump sites by 31.3.2023.
d) Management of carcasses of animals.
The Monitoring Committee has observed that in almost all the village Panchayats and urban areas of the districts, animal carcasses disposal sites exist. However, few steps have been taken to secure these carcasses disposal sites and stray animals normally enter into these sites. Therefore, it becomes imperative that as short term measures, these sites may be provided with boundary wall and green belt/plantation/hedges. For utilization of animal carcasses scientifically, there is need to provide carcasses utilization plant through rendering process or incineration at district level.
The Monitoring Committee recommends as under:
i. For management of carcass disposal sites, short term measures like boundary wall and green belt/ plantation/ hedges may be provided by all MCs/ Village Panchayats all around the around animal carcasses disposal sites by 30.09.2022. ii. For installation of carcasses utilization plant at district level, the Deputy Commissioners of the concerned districts may hold meeting with Executive Officers of all MCs, Haryana State Pollution Control Board, DDPOs and other concerned departments by 30.09.2022 and a proposal for installation of rendering plant or incinerator at district level may be prepared by 31.10.2022 and modern carcass utilization plant may be setup at district level by 30.06.2023/31.12.2023.
e) Management of wastewater and solid waste generated by the unauthorized colonies/ residential complexes/ commercial complexes developed by Private Colonizers.
During the meetings held with the District Level officers of various districts of State of Haryana, MCs/DDPOs informed that all the unauthorized colonies/residential 68 complexes/commercial complexes developed by private colonizers have been identified.
The Monitoring Committee has observed that there is need to provide sewerage system and sewage treatment plant for treatment of wastewater and solid waste management system for treatment of solid waste by the MCs for the unauthorized colonies/residential complexes/commercial complexes existing within MC limits and by DDPO/Zila Parishad (Department of Panchayats) for the unauthorized colonies/residential complexes/commercial complexes existing outside MC limits.
The Monitoring Committee recommends as under:
i) MCs may direct the unauthorized colonies/commercial complexes located within MC areas to install STP of adequate capacity by 31.03.2023 and said timelines may be mentioned revised District Environment Plan.
ii) For the management of solid waste generated by these unauthorized colonies/commercial projects existing within MC areas, MCs may make agreement with these unauthorized colonies for management of solid waste with suitable user charges to be paid by unauthorized colonies to MCs by 31.12.2022.
iii) DDPO/Zila Parishad (Department of Panchayats) may pursue the unauthorized colonies/commercial complexes existing outside MC areas to either lay sewerage network and install individual STPs for treatment of wastewater or provide any other mechanism for treatment and disposal of untreated sewage of these colonies/ commercial complexes by 31.03.2023.
iv) For management of solid waste, generated by unauthorized colonies/commercial complexes existing outside MCs areas, the necessary agreement may be got made with MCs/Village Panchayats for scientific disposal of solid waste (wet and dry waste) with suitable user charges to be paid to MCs/Village Panchayats by the unauthorized colonies/commercial complexes by 31.12.2022.
f) Removal of garbage vulnerable points The Monitoring Committee has observed that though Municipal Councils/ Corporations/HSIIDC have made efforts to remove garbage vulnerable points existing within their jurisdiction but numbers of garbage vulnerable points still exist in the area.
Therefore, the Monitoring Committee recommends that all the Municipal Councils/ Corporations of various Districts of the State and HSIIDC may identify garbage vulnerable points existing within their jurisdiction by 31.08.2022 and these 69 garbage vulnerable points may be removed by 30.09.2022 and the vacated places after removal of garbage vulnerable points may be converted into useful usage like sitting place, park, green area, play ground etc. by 30.11.2022.
g) Preparation of irrigation schemes and laying of irrigation network to utilize treated sewage of the towns for irrigation of agricultural fields As per the data submitted by the departments, out of total 170 existing STPs, 61 STPs have been installed on SBR technology and 81 STPs are based on MBBR technology. The qualitative treated wastewater of new technology based STPs is discharged into drains/nallahs leading to river system of the State. There is need to utilize treated wastewater of STPs for irrigation so as to save the energy and ground water. For conservation of groundwater and save energy, the State of Haryana has taken steps which are mentioned as under:
g-1) Micro irrigation project for utilization of treated wastewater of Karnal area for irrigation of agricultural fields Government of Haryana has proposal to use 25% capacity of all STPs for local needs for watering of Parks & Horticulture. 35 STPs of capacity 338.85 MLD in 21 districts have been selected for installing Micro Irrigation projects. STP of capacity 50 MLD of Karnal area has been selected one of the 35 STPs for micro irrigation project. 25% of treated wastewater (TWW) of 50 MLD STP will be used by Municipal Corporation, Karnal as per the policy of Haryana Government for use of treated wastewater. Remaining 75% TWW i.e 37.5 MLD (15.326 Cs) will be used for Karnal TWW MI Project. This project will be beneficial for micro irrigation, ground water recharge and wastewater management. Gharaunda area has not been provided with regular canal water supply for irrigation and it entirely depends on tube well water for irrigation. Total command area under the said irrigation project shall be 6384 acres which shall be divided into 25 blocks. Under the said project, provisions of 75 motor pumping sets and 14 storage diggy pits of different size have been made. Provision for electric panel/solar system including pumping arrangement has been made for supply water from diggy pits to main line for hydrant. Provision of 1 hydrant at every 4 acres land has also been made.
g-2) Irrigation schemes for utilization of treated wastewater of 170 sewage treatment plants (STPs) of capacity 1985 MLD having targeted command area of 2.5 lakh acres in phased manner The Government of Haryana has formulated a policy vide notification dated 30.10.2019 on reuse of treated wastewater of 70 sewage treatment plants keeping in view the limited availability of water resources in the State. It has been mentioned that there is need to consider the fast increasing municipal treated wastewater as a potential water resource which can suitably be put to effective use particularly for non-potable purposes. The implementation timelines for achieving the envisaged goals in the policy are mentioned as under:
Sr. Existing status of Target Maximum
No. development in duration for
the town/village implementation of
reuse of treated
wastewater
1. Sewerage system Minimum of 25% of 2 years
and STP exist treated wastewater
2. Sewerage system Minimum of 25% of 3 years
but STP is not treated wastewater
available
3. No Sewerage Minimum of 25% of 4 years
system and no STP treated wastewater
In order to prevent the contamination of other sources of water, it has been mentioned that treated wastewater shall meet with all the statutory quality standards so that it does not contaminate the other sources of water surfaces as well as groundwater. Industrial establishment shall treat domestic wastewater generated within their premises and reuse it for appropriate non-potable applications.
In order to utilize treated wastewater of STPs for irrigation, there is need to prepare irrigation schemes to utilize treated wastewater of STPs for irrigation. In the data submitted by Urban Local Bodies Department, it has been mentioned as under.
• Government of Haryana has approved scheme for utilization of treated wastewater of 170 STPs of capacity 1985 MLD having Command area of 2.5 lakh acres in a phased manner and further, it has been stated as under.
✓ In phase-1, 35 STPs were approved out of which 27 STPs of capacity 339.5 MLD were found feasible. Estimated cost of the project is Rs. 500 crore. Irrigation scheme for these STPs shall be completed by 31.3.2024.
✓ In phase-2, treated sewage of 57 STPs of capacity 528 MLD shall be utilized in a command area of 67560 acres. The cost of the project is Rs. 500 crore and it will be started by 1.5.2023 and shall be completed by 31.12.2025.
✓ The treated sewage of 78 STPs of capacity 1118 MLD for its utilization for irrigation in command area of 143059 acres has been taken in phase-3. The cost of the project shall be Rs. 1000 crore and it will be started by 1.3.2024 and shall be completed by 31.12.2026.
The Monitoring Committee recommends as under.
71i. The Department of Irrigation may start the work of laying of irrigation network for utilization of treated sewage of 27 STPs of 339.5 MLD in command area of 43380 acres by 1.1.2023 and the project may be completed by 31.3.2024. ii. For utilization of treated sewage of 57 STPs of capacity 528 MLD in command area of 67560 acres, work of installation/laying of irrigation network may be started by 1.5.2023 and the same may be completed by 31.12.2025.
iii. Phase-3, project covering 78 STPs of capacity 1118 MLD for utilization of their treated wastewater for irrigation in command area of 143059 acres may be started by 1.3.2024 and may be completed by 31.12.2026.
h) Usages of treated wastewater of STPs for construction activities, gardening, washing of vehicles, firefighting, railway yards and sprinkling purposes during sweeping of roads.
The Monitoring Committee recommends as under.
In order to save ground water and energy, all MCs may start utilizing treated wastewater of STPs, conforming to the prescribed standards, for construction activities, gardening, washing of vehicles, firefighting, dual plumbing system, railway yards and sprinkling purposes to suppress dust emissions generated during sweeping of roads and it shall be ensured that no fresh water may be allowed to use for the said activities.
i) Framing policy for management of highly contaminated faecal sludge generated from the rural area In order to ensure the villages free from open defecation, toilets have been constructed in individual houses of the villages for the facilitation of the villages. There may be a problem of disposal of faecal sludge to be generated from the said facilities. Therefore, there is need to evolve technology/ frame policy for management of highly contaminated faecal sludge generated from rural area.
The Monitoring Committee recommends that the State Government may evolve technology/ frame policy for management of highly contaminated faecal sludge generated from rural area by 31.12.2022.
j) Waste transfer points/ secondary points It has been observed that most of the Municipal Councils/Corporations and HSIIDC are maintaining waste transfer points/secondary points to store the solid waste temporary at these points after collecting solid waste from congested areas till its final disposal to wet waste and dry 72 waste management sites. There is need to provide boundary wall and green belt/plantation around these waste transfer points/secondary points to give aesthetic view to the public.
The Monitoring Committee recommends that all the Municipal Councils/ Corporations and HSIIDC may provide boundary wall and green belt around waste transfer points/secondary points for their aesthetic view to the public by 30.9.2022.
k) Stopping the entry of solid waste/garbage into drains/ nallahs/ river Solid waste/garbage through drains/nallahs enters into rivers and contaminates its water quality. Therefore, it is utmost essential that solid waste lying dumped on the bank of drains/ nallahs or into these drains/ nallahs may be removed periodically to keep these drains/nallahs clean.
The Monitoring Committee recommends as under:
i. All MCs may remove solid waste lying dumped along drains/ nallahs passing within MC area on quarterly basis and solid waste so collected may be sent to the solid waste management sites.
ii. Department of Panchayats and Department of Irrigation may remove solid waste lying dumped along drains/ nallahs existing outside MC area on quarterly basis and solid waste so collected may be sent to the solid waste management sites.
iii. Department of Irrigation may remove solid waste lying dumped into drains/nallahs existing inside or outside MC areas twice in a year and solid waste extracted from drains/nallahs may be disposed off in an environmentally sound manner.
iv. Screens /wire mesh may be installed by Municipal Councils/ DDPOs at the inlet of the drains/ nallahs to retain the solid waste so as to avoid the entry of solid waste into river/ water bodies by 31.12.2022.
9.1.8.17 Solid waste generated by industrial sectors.
The Monitoring Committee has observed that lot of solid waste mostly in dry form is generated by various industrial estates existing in industrial towns of the State. The management of solid waste generated by industrial sectors may be made by HSIIDC. Unorganized collection of solid waste by the unorganized sectors especially in dry form may become the source of serious incidents.
Therefore the Monitoring Committee recommends as under:
HSIIDC may prepare proposal/scheme for collection, transportation and scientific management of solid waste in the form of dry waste generated by various industrial 73 estates/sectors of the State by 30.9.2022 and these may be started implementing by 31.10.2022.
9.1.8.18 Plantation of trees along highways/drains/ponds/ vacant sites.
Development of plantation has major role to attenuate air pollution in the area. Therefore, it necessary to plant trees in forest land, Panchayat land, highways, rural roads, around ponds, legacy waste dump sites, industrial zones and other vacant places.
The Monitoring Committee recommends that Department of Forest may prepare proper plan for plantation of suitable varieties of trees and PWD (B&R), Department of Panchayats, HSIIDC, HSVP and MCs may plant trees of suitable varieties on forest land, Panchayat land, along highways, rural roads, industrial zones, around ponds, legacy waste dump sites and other vacant places by 30.09.2022 and department of forest may provide saplings for the same to the departments at the earliest.
9.1.8.19 Providing necessary treatment facility for treatment of wastewater of village ponds.
Presently, almost all the ponds of the villages have been contaminated due to discharge of sullage of the villages. Therefore, for the treatment of wastewater of ponds, schemes/ proposals need to be prepared by Department of Panchayats.
The Monitoring Committee recommends that the Department of Panchayats may prepare scheme/ proposals for treatment of wastewater of village ponds by 30.9.2022 and these schemes/proposals may be completed by 31.12.2023 in a phased manner.
9.1.8.20 Reduction in water utilization by the inhabitants of the towns/cities.
The Monitoring Committee has observed that all the STPs are designed and installed on the basis of discharge of wastewater generated on the consumption of water @ 135 Ipcd. However, in most of the towns of the State, water about 200-250 Ipcd is supplied. The excess use of water by the inhabitants has made the STPs inadequate. Therefore, there is dire need to reduce the consumption of water by the inhabitants of the towns/cities. For this purpose, flow meters are required to be installed at the various locations on water supply network to ensure the restricted supply of water to the public. Further, there is need to frame a policy for supplying restricted quantity of groundwater/canal water to the inhabitants.
74The Monitoring Committee recommends that all MCs may install flow meters at the appropriate locations on water supply network to ensure the restricted supply of water to the public by 31.12.2024 in phased manner. Further, State of Haryana may frame a policy for supplying restricted quantity of water to the inhabitants by 31.3.2023.
9.1.8.21 HIGHLIGHTS The Monitoring Committee has observed that besides the action taken on the various activities as mentioned in the District Environment Plans of various districts of the State, some initiatives for protection of environment have also been taken by the Urban Local Bodies Department and other departments, which are mentioned as under:
a) Cow Dung Management Municipal Council Ambala Sadar has established plant for production of logs from cow dung by mechanized means. These cow dung logs are used for cremation purpose which helps to decrease the use of wood for the said activity. Ambala cow dung logs project has been awarded by Hon'ble CM, Haryana on Good Governance Day-2022.
b) Waste to energy plant at Karnal An integrated project to convert slaughter house solid waste/ biodegradable Solid waste/ paddy stubble, cow dung and horticulture waste into cleaner fuel and bio fertilizer has been installed at Karnal by MC Karnal. The capacity of plant is 15 TPD.
The main advantage of plant is reduction of waste and generation of power through CNG.
c) Bio Gas Plant at _MIT Radaur JMIT, Radaur is one of the bulk waste generators of solid waste. For management of wet waste, organization has set up 01 bio-gas plant to produce fuel (gas) for their internal use. Bio-gas is used as fuel for operation of mess in the campus. The project is compact and portable.
d) Plastic Waste Management The following activities have been conducted for management of plastic waste.
i) Plastic pet bottles/utensils collection centers have been set up in various towns and collected plastic waste is sent to recyclers. Presently, 28 plastic waste recyclers are operating in the State.
75ii) Municipal Corporation, Ambala has set up 04 plastic waste collection centers and the collected plastic waste is sent to Mulana Thermal Power Plant for generation of electricity.
iii) MC Gurugram has started the use of plastic waste in construction roads and road measuring 1.5 km has been laid in Gurugram.
9.1.9 Other conclusions and recommendations
i) State of Haryana has taken number of steps for management of solid waste, liquid waste and management of other wastes in the recent years but still there are gaps in achievement of the targets in various activities. For the effective monitoring of activities w.r.t. management of wastes as mentioned under 07 thematic areas, the Monitoring Committee recommends that a State Level Environment Surveillance Team may be constituted so as to have regular check on the compliance made by various Municipal Councils/ Corporations and other departments. District Level Environment Monitoring Committees already constituted at District level may continue to implement and monitor the achievement of goals in various activities as mentioned in the District Environment Plans of various Districts of the State.
ii) Most of the Municipal Councils/Corporations and other concerned departments could not complete the various activities w.r.t. each thematic area within the timelines as mentioned in the District Environment Plans, therefore, considering the requests made by the Municipal Councils/ Corporations/other concerned departments, timelines to complete the various activities by the MCs/departments were extended to 30.6.2022/31.8.2022/30.9.2022/31.12.2022/31.3.2023/ 30.6.2023. As such, in the overall conclusions and recommendations part of the Final report, as mentioned in para no. 9.0 and its subsequent sub-paras 9.1.1 to 9.1.8, the recommendations for completing the various activities have been mentioned as 30.6.2022/31.8.2022/30.9.2022/ 31.12.2022/31.3.2023/ 30.6.2023.
iii) Monitoring Committee is submitting its final report based on the discussion held with District Level officers of various districts of the State of Haryana w.r.t. various activities as mentioned in the District Environment Plans of various districts, data/information collected from various departments and visit of solid waste management sites and other environment management sites of various districts by the Monitoring Committee. It is further mentioned here that after the order dated 8.2.2022 in OA no. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of India & Ors, the Monitoring Committee started the 76 monitoring of execution of District Environment Plan of each district through video conferencing, physical meetings with District Level officers of each District and visits of solid waste management sites and other environment sites and reviewing the action taken on various activities as mentioned in District Environment Plans of various Districts by Municipal Corporations/Councils (MCs)/concerned departments at district level. The concerned MCs and departments were found lacking in completing the activities under various thematic areas well in time as mentioned in each District Environment Plan.
iv) District Environment Plans of various Districts of the State may be revised/amended/modified in view of the observations made/ directions given by the Monitoring Committee on the various points as discussed in the meetings and timelines for completion of the said activities and other activities in compliance to order dated 8.2.2022 of Hon'ble National Green Tribunal as mentioned in para no.18 of said order in OA No. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of Indian and Ors and the same may be uploaded by 31.12.2022 on the website of HSPCB as well as department of Environment, State of Haryana.
The Monitoring Committee expresses its sincere thanks to Govt. of Haryana, its officers, Deputy Commissioners of all the Districts of the State and all other District Level officers of various Districts of the State for extending full cooperation which has facilitated the Monitoring Committee in its smooth functioning during its tenure for the period more than three years."
Report of U.P Monitoring Committee dated 12.01.2023
10. The report mentions status of compliance of preparation of DEPs in different districts of U.P and gaps in compliance as follows:-
"3. Status of compliance
(i) District Environment Management Plans (DEMPs) The Oversight Committee on 12.11.2021 had conducted a review meeting to monitor the progress in the finalization of the DEMPs in all the 75 districts and the State Environment Plan for UP. In the meeting, it was informed that on 27.09.2021 the ACS, Department of EF&CC, UP Government had sent letters to all the DFOs/DMs in regard to the preparation of District Environment Plans and they were also planning to schedule a meeting of the DFOs/DMs under the chairmanship of the ACS to expedite this issue. In response to regular and close follow-up, 77 the UPPCB had submitted the DEMPs of all the 75 districts to the Oversight Committee. The Committee on review of these DEMPs finds that all the DEMPs suffer from a plethora of material and serious shortcomings. It appears that the persons preparing the DEMPs have not understood the purpose of preparing these plans and also the indicative template made available by the CPCB for this purpose.
Instead of giving relevant information, only the indicative template has been copied as such in large number of cells in the table. Without rectifying these shortcomings, these plans would not be of any help in achieving the objectives behind this exercise. With a view to highlight the nature of shortcomings, the Committee has randomly selected 2 districts i.e. Bareilly and Kanpur Nagar. The details of the shortcomings identified in these DEMPs are mentioned hereunder:
S. District Shortcomings identified No. 1. Bareilly 1. For Solid Waste Management under the title
'identification of gaps and action plan' budget requirements have been indicated under various activities in the relevant column, but the availability of budget is shown as 'Not available (NA)' for most of the activities. In oral discussion, it was explained that the budget may be made available after the approval of the plan. But, in some of the activities, the budget requirements have been mentioned and the action plan has been shown as 'achieved' without availability of any fund which is incomprehensible.
2. For 'manual sweeping' neither the gap has been identified in terms of either manpower or equipment nor it has been mentioned that there is no gap. Against the budgetary requirement of Rs. 6 crores, no fund has been made available so far, yet the 'action plan' has been shown as 'achieved'. Almost half of the year is over and no budget has been made available till now. Non availability of required budget should be a matter of concern for everyone, if this activity is to be carried out on a regular basis. Needless to mention that this is an essential municipal service to be provided on a daily basis.
3. The timeline for compliance in 'mechanical road sweeping' is mentioned as 'achieved' in the plan, while its tender is still in process.
4. The timeline for compliance in 'collection of solid waste and arrangement for door-to-door collection' (in both SWM and PWM) is mentioned as 'achieved' where as the gap of 10% in both the activities is mentioned in the previous column.
5. Regarding identification of gap in 'waste collection' the number of trolleys and trucks with separate compartments and availability of 'waste deposition centres' have been indicated, but it is not mentioned that whether there is a gap in the availability of these facilities or not.
6. The information furnished under the 'waste treatment and disposal' section, pertains to Nagar Nigam, Bareilly only whereas the waste generated in other municipalities, Nagar Panchayats and rural areas is almost equal in quantity. This plan needs to include various activities for their treatment and disposal as well.
787. Regarding remediation of 'legacy waste' the gap has not been mentioned. Against the budgetary requirement of Rs. 20 crores, no money has been released so far, yet the target is proposed to be achieved by December, 2022.
8. Relevant information on EPR of Producers have not been given. It sounds like a wish and not a plan of action.
9. The information on plastic waste generation in Municipalities and Nagar Panchayats is not given in this plan.
10. For the collection of plastic waste, the entire responsibility has been left to the Local Bodies, but no arrangement has been made for their transportation to the disposal centers. Arrangements in this regard need to be made either at the District or Tehsil or Block level. The meaning of 'proposed' in the 'timeline for compliance' column suggest that no concrete homework has been done for the handling of plastic waste at the District level.
11. Regarding access to 'plastic waste disposal facility' it has been mentioned that the District has access to such facility which suggests that there is no gap. Yet, the timeline for compliance is shown as June, 2023.
12. Regarding arrangement for separate collection of 'C&D waste' to the deposition points, it has been mentioned that there is no gap but under the 'action point' column, it has been mentioned that the process of selection of bidder for the operation of these plants is on. Further, under the 'target time for compliance' column, it has been shown as 'achieved' Apparently, information given in various columns for this activity are contradictory.
13. The byelaws for C&D waste has been reported as notified, still the timeline for compliance is shown as December, 2022.
14. Presently, there are 976 Health Care Facilities in the District but only 700 are registered/authorized. No timeline has been given for ensuring registration/authorization of the remaining Health Care Facilities. Action plan should include a definite timeline for ensuring the registration of the remaining 276 Health Care Facilities. Those, to be established later, may be covered as regular activity in routine course.
15. In 'BMW' section, the columns pertaining to 'identification of gaps' and 'action points' seem to have been copied from the indicator template without giving the relevant statistics, e.g.-
(i) Under the activity 'inventory and identification of HCFs', the number 276 should have been mentioned in the gap column and in the 'target time' column, a definite timeline should have been mentioned.
(ii) Under the 'adequacy of facilities to treat Bio Medical Waste' activity, 'no gap' should have been mentioned in the relevant column.
(iii) Information about implementation of 'barcode system' is not given and also no timeline for implementing this system has been mentioned.
(iv) While dealing with the 'adequacy of funds' for Government Health Care Facilities for Bio Medical waste management, it has been mentioned under the relevant column that no budget is required. But, under the 'target time for compliance' column it has been mentioned that funds are allocated by the State government. Here, the District should have mentioned 79 its budgetary requirement specifically, so that the State government includes it in the State Environment Plan, and budget is made available accordingly and the District does not suffer inadequacy of funds in future. 16(i) Status on the identification and authorization (in terms of number) of hazardous waste industries in the District is not given in the plan.
16(ii) Under action point No. 2 in the column 'target time for compliance' it has been mentioned that 6 MRF centres have been installed by the Municipal Corporation. This, at best, should have been mentioned In the 'gap column' to determine the gap or otherwise situation. Accordingly, the column 'action point' would get modified. 16(iii) Under the activity 'training of workers' it is mentioned in the 'action point' column that industries train the workers as per the provision under HOWM Rule, 2016, hence no action required. It is not correct. They should indicate the number of trainings to be held and number of persons to be trained every year so that monitoring is done accordingly and safety of industrial workers is ensured.
16(iv) Under the action 'linkage with common TSDF' it has been mentioned that HW generated in Bareilly city is disposed through TSDF. But it does not mention anything about whether HW is generated in other areas of the District and how it is disposed of.
17. No time line for completing any of the activities for managing e-waste has been given in this plan. Even the 'action point' for linkage among the stake holders to channelize the e-waste, regulation of illegal e-waste, recycling/dismantling and integration of informal sector has not been identified.
18. For air quality management 16 air pollution hot spots have been identified, data from 3 air monitoring stations have been collected and attached and the District level action plan for air pollution has been prepared, yet the target time for compliance has been indicated as 180 days for all these activities. Even for creating awareness amongst people about air quality and inviting complaints two Apps, one developed by the UPPCB and the other by the CPCB, have been launched yet the target time for compliance has been indicated as 180 days. The target time for establishment of two CAAQMS, which are under construction, is shown as 180 days but it has not been mentioned when the count of 180 days will start or end. It appears that the target date has been mechanically filled in all the columns.
19. The water quality management plan has mentioned about the monitoring of Ramganga river only, while the details on water quality of other water bodies such as ponds/lakes/drains is missing in the plan. For any of the activities listed in the second column of the plan, the gap has not been identified. Only the guidance given in the indicative template has been copied and pasted in column-
3. Naturally, when the gap has not been identified properly, the plan cannot be a proper plan. In all the activities, the 'target time for compliance' has been mentioned as 12 months, but the beginning or the end date is not mentioned. Further, the entire sewage water (175MLD) is released into the drains/rivers without bioremediation, yet the time line for starting bioremediation work is given as 12 months. It is also noticed that the time lag between the completion of STPs and of the sewerage network is about one year. If the two 80 activities are synchronized, then the money spent on one will not remain idle till the completion of the other and public will start getting the benefit of public investment early.
20. The 'budget required' for the treatment of industrial waste water to make it compliant with the discharge norms is not given in the plan, although its need is mentioned.
21. As mentioned in other thematic areas, for industrial waste water, mining activities and noise pollution management, instead of identifying the gap and preparing the action points, the guidance given in the indicative template has been reproduced mechanically. Without identifying these two aspects and providing for appropriate budget or quantified targets, the plan will not be useful and monitorable.
2. Kanpur 1. Regarding all the thematic areas, the Nagar columns pertaining to 'identification of gaps' and 'action point' seems to have been copied from the indicator template without giving the relevant statistics and the details on gaps and target achieved for the action points are given in the column 'timeline for compliance'. The information relevant to particular columns is required to be reframed/refilled.
2. For Solid Waste Management under the title 'segregation of waste at source', neither the 'action plan' nor the 'timeline for compliance' of 55% of the identified gap is given.
3. For 'manual sweeping' neither the percentage of road covered for regular sweeping is mentioned nor the gap has been identified in terms of either manpower or equipment, but the timeline for compliance is mentioned as December 2022. Against the budgetary requirement of Rs. 3.0 Cr, the availability of Rs. 5.1 Cr is mentioned in the relevant column, the amount of Rs. 2.1 Cr is in excess for this activity which is required to be reallocated for some other activity.
4. Under 'mechanical road sweeping and collection', no information regarding roads identified for mechanical sweeping is mentioned neither any gaps nor action plan is given.
5. Regarding '100% collection of solid waste' and 'arrangement for door-to-door collection' of solid waste, gaps have been identified but 'action plan' and 'timeline for compliance', is not indicated in the plan.
6. Regarding 'waste collection trolleys with separate compartments', 'mini collection trucks with separate compartments' and 'waste deposition centers', timeline for compliance is indicated as December 2022, but the gaps are not mentioned in these action points. Also, the details of budget required in execution of these action points is not indicated.
7. Regarding identification of gap in 'waste transport' the details on existing fleet and bulk waste have been indicated, but it is not mentioned that if there is a gap in the availability of these facilities or not.
8. The identification of gaps, action plan and timeline for compliance under the 'waste treatment and disposal' 81 activity have not been mentioned. Also the details on bulk waste generators in 'wet waste management', biomethanisation/biocomposting units in 'wet waste management facilities' and MRF in 'dry waste management' is not given in the plan.
9. Regarding 'disposal of inert and non-recyclable waste' and 'remediation of historic and legacy dumpsite', the timeline for compliance is mentioned as December 2022 but no information on identification of gaps and action point is given. Also, regarding 'disposal of inert and non-recyclable waste', no budgetary information is provided without which the construction of sanitary landfills is not possible. The details on historic and legacy waste sites and their remediation is not mentioned in the plan.
10. Information on identification of gaps and action plan on EPR of Producers have not been given, yet the timeline for compliance is mentioned as December 2022. If the brand owners are complying with the EPR directions of the UPPCB, then why timeline for compliance is mentioned as December 2022.
11. This is a District plan but the entire section on the Solid Waste Management is about the Kanpur Nagar Nigam only. This plan is totally silent on the management of about 725 MT of SW generated by the other Nagar and Village Panchayats.
12. Under 'door-to-door collection' in plastic waste management, a gap of 10% is mentioned but no timeline for compliance and action plan to cater this gap is given.
13. Regarding 'plastic waste collection centers', information on twin-type litter bins' is given with gap of 10% but no information on timeline for compliance and action plan to cater this gap is given.
14. Regarding arrangement for separate collection of 'C&D waste' to the deposition points, the gap has not been identified, however, it has been mentioned in the 'timeline' column that there are 6 such designated points and requirement and availability of budget is also mentioned in the relevant columns.
15. In regard to 'fixing of user fee on C&D waste', the information on construction of 100TPD waste processing unit is given which is irrelevant for this action point.
16. Regarding 'C&D recycling facility', the information on 100 TPD waste processing unit is given which is under construction while no information on target date of completion of the plant is given.
17. Regarding 'usage of recycled C&D waste', in the column for timeline for compliance 'yes' is mentioned which makes it unclear whether it is compliant, or any further action is still needed to address the gaps in the action plan.
18. In biomedical waste management thematic area, the table on current status states the number of bedded and non-bedded HCFs as 853 and 555 (total 1408) respectively, while the number of HCFs authorized by the UPPCB is only 1113. In the identification of gaps and action plan table, under column 'inventory and authorization of HCFs by the UPPCB', neither the gap has 82 been identified nor the action points and the timeline for compliance has been mentioned. In the 'target time' column the number of HCFs is mentioned as 1665. This discrepancy in number needs to be reconciled and the action plan for authorization of remaining HCFs needs to be modified accordingly.
19. With regard to 'compliance to rules by HCFs and CBWTFs', the timeline for compliance is mentioned as December 2022 while no information on identification of gaps and 'action point' is given in the table.
20. Regarding 'ETP installation for wastewater treatment in HCFs', the timeline for compliance is mentioned as 'under progress' without mentioning any gaps and action point in the relevant columns.
21. In 'hazardous waste management' section, the columns pertaining to 'identification of gaps' and 'action point' seems to have been copied from the indicator template without giving the relevant statistics such as:
(i) Under 'Regulation of industries and facilities generating Hazardous Waste', 'Establishment' and 'Availability / Linkage with common TSDF or disposal facility', the timeline for compliance is mentioned as December 2022 while no information on identification of gaps, and action plan is given. Also, for 'establishment' budget requirement is mentioned as Not Applicable without which the establishment of collection centers is not possible.
(ii) With regard to 'training of workers for handling/ recycle and disposal of HW', the information on number of trainings to be held and number of workers to be trained each year needs to be mentioned so that monitoring is done accordingly, and safety of industrial workers is ensured.
Accordingly, other columns would be needed to be modified.
(iii) For 'contaminated sites', the timeline for compliance is mentioned as 'report is awaited'. The information on the number of times in a year the samples are tested, the contaminants present on the dump site and the remediation measures proposed to be undertaken should find place in the plan.
22. Although 9790 MT/year of e-waste is generated in this district, but no action plan has been given for their collection. Presently, there is no collection center established either by the State Government or the producers in the district.
23. The timeline for compliance in 'Linkage among stakeholders to channelize e-waste' is mentioned as December 2022 but no information on the action plan columns is given in the table. Under the 'regulation of Illegal E- Waste recycling/dismantling' and 'Integration of informal sector', the guidance given in the indicative template has been copied but relevant information has not been appropriately mentioned.
24. For the 'air quality management' under the 'current status' details on prominent air polluting sources is not given. Under the title 'identification of gaps and the action plan' it is mentioned that emission inventory study has been carried out by IIT Kanpur and 'grid level action plan' is mentioned in the 'target time' column. Based on this study, all the relevant columns of this table need to be 83 filled properly. Under the 'hotspots of air pollution in district' the details need to be filled in various columns on the basis of facts mentioned in the 'target time' column. No gap has been identified for setting of CAAQMs.
25. In 'water quality management' section, it is mentioned that rivers Ganga and Pandu are flowing through this district but the information regarding 'polluted river stretches' is mentioned as 'none' which is incorrect as the river Ganga is highly polluted as 110 MLD of untreated or polluted sewerage is being discharged into this river. There is also discrepancy between the total quantity of sewerage indicated in this section and the subsequent section. Under the 'quality of water bodies in the district', 'protection of river/lake waterfront', inventory of sources of water pollution', 'protection of flood plains' and 'rejuvenation', the timeline for compliance is mentioned as December 2022, while no information on identification of gaps and action point is given in the plan. Even the budgetary details on rejuvenation and protection of river/lake front is mentioned as 'Not Applicable' without which these action points cannot be executed. Ina nutshell, this section needs to be redone altogether.
26. Regarding 'underground sewage network' action point, it has been mentioned that line of 900 kms sewerage network for which Rs. 950 crore is required which has been shown under the appropriate column. So far, no budget is made available, yet the target time for compliance is shown as December 2022. This shows total non-application of mind in preparing the plan.
27. With regard to 'industrial wastewater discharge', the number of industries not meeting the standards is not mentioned in the 'compliance to discharge norms by industries'.
28. Regarding 'mining activity management', it has been mentioned in the timeline column that an Enforcement Committee has been formed for monitoring mining activities, but action point has not been identified accordingly. In fact, the guidance given in the indicative template has been copied under the column 'action point' for all the three activities mentioned in this section. Under the action point 'environment compliance by mining industry', it is expected that a periodical verification would be done on a regular basis. It is not clear that when there exists a Committee, why it cannot do periodical verification. This entire section requires to be redone incorporating quantifiable targets for every activity.
29. Under 'availability of sound/noise pollution meters', it is mentioned in the 'timeline for completion of action point' column that the 'concerned agencies don't have. December 2022', which suggests that there is some gap, but neither the gap nor the action point has been identified. Also, if more noise pollution meters are required to be installed then there should be some budget requirement which is not mentioned.
30. The 'action plan' and 'budget requirement' for installation of fixed ambient noise level monitoring stations to be installed in the district is not mentioned but the timeline for compliance is mentioned as December 2022/
31. . With regard to 'signboards in noise zones', it is mentioned in the column 'timeline for completion of action 84 plan' that the sign boards are installed at sensitive zones. It is not clear that if the sign boards are already installed at sensitive zones, then why timeline for compliance is mentioned as December 2022.
(ii) State Environment Management Plan (SEMP) The DEMPs submitted by the UPPCB are not in conformity with the directions issued by the Hon'ble NGT. A State Environment Management Plan prepared on the basis of faulty DEMPs can only be ab initio faulty. However, the Oversight Committee reviewed the SEMP submitted by the UPPCB on 14.09.2022. It observes that the budget required for different thematic areas is not included in the main body of the plan. In the SEMP, the budget requirement has to be an aggregation of the budgetary demand of all the 75 districts. The thematic area wise observations of the Committee on the SEMP are as follows:
S. No Thematic Points to be addressed
area
A. Waste Management
a. Solid waste 1. On page 13 of the plan, it is mentioned that management presently about 14710 TPD of Municipal Solid Waste is generated. However, on page 14, under the title 'current status relating to Solid Waste Management' this figure is shown as 19180 TPD.
2. With regard to MSW processing facility, the total number of MSW facilities operational in the State is not given. The plan contains information in respect of Ghaziabad Nagar Nigam only
3. For the management of any of the activities, namely, segregation, sweeping, collection, transportation and treatment of wastes, no gap has been identified. Thus, the action point mentioned in the relevant column is naturally vague and without any budgetary requirement or its availability. However, a target date has been mentioned in the last column.
4. With regard to '100% door-to-door collection' of solid waste, it is mentioned in the plan that 100% D2D collection is being done in all the wards but while referring to DEMPs, it is found that some districts are yet to achieve 100% collection. If 100% door-to-door collection is already achieved, then there was no need to mention the 'timeline for compliance' as March, 2024.
5. With reference to 'waste collection trolley with separate compartments', it is mentioned that collection of solid waste is being done and adequate number of trolleys have been deployed which means that there is no gap, still the 'timeline for completion' is given as March 2025
6. Relevant information on EPR of Producers is not given in the plan. Tapping their resources would ease the financial burden of the State and the ULBs but this area has not caught the attention of the planners.
7. With regard to 'preparation of own bye-laws to comply with SWM rules 2016, in the 'timeline for compliance' column it is stated as 'complying', whereas in the 'identification of gap' column 'Yes/No' and in the 'action point' column 'Yes' is mentioned. The information given in these columns 85 are ambiguous, contradictory and at variance with the information available in the DEMPs. b. Plastic waste 1. In PWM section, the columns pertaining to management 'identification of gaps' seems to have been copied from the indicator template without giving relevant information. Naturally, the action point is vague/unquantified.
2. With reference to 'door to door collection of PW', in the 'target time' column, 'compliance' is mentioned which suggests that 100% door-to-door collection is being done, whereas in the 'action point' column it is mentioned that 'additionally, some tricycles are on procurement stage to cover 100% door-to-door collection.
3. With reference to 'Facilitate organized collection of PW at Waste transfer point or Material Recovery Facility', no information on 'identification of gaps' or 'action point' is given in respect to availability of transfer points, material recovery facility, involvement of informal sector / NGO, registering waste pickers and linkage with PW recyclers is given in the plan, even then the timeline for compliance is mentioned as March 2023.
4. No information on current status of 'plastic waste collection centres' in the State or 'collection centres yet to be established', about the gaps and action plan is given in the plan.
5. The timeline for completion of 'access to plastic waste disposal facilities' is mentioned as March 2025, but no information on the gaps and action plan is given.
c. C & D waste 1. In C&D waste section, the columns pertaining to 'identification of gaps' seems to have been copied from the indicator template without giving relevant information.
2. With regard to 'arrangement for separate collection of C&D waste to C&D waste deposition point', the timeline for compliance is mentioned as March 2025 but no information on 'identification of gaps' and 'action point' is given.
3. For the action points 'whether local authority have fixed user fee for C&D waste', 'C&D recycling facility', 'usage of recycled C&D waste' and 'ICE on C&D waste management', the timeline for compliance is mentioned as 'complying' , but this claim does not match with the information given in 75 DEMPs.
d. Biomedical 1. With reference to 'current status related to waste biomedical waste', information pertaining to only management COVID waste is given. No information on non-
COVID biomedical waste is mentioned in the plan
2. With regard to 'inventory and identification of HCFs', the information regarding the total number of authorized and unauthorized HCFs in the state is not given in the plan.
3. With respect to 'tracking of BMW', it is mentioned in the 'time line' column that it is being complied with, however, no information about HCFs and CBWTFs is provided in which barcode system has been implemented/yet to be implemented. The information furnished in the DEMPs do not match with the claim of compliance made in this SEMP in this regard.
4. For the action point 'adequacy of funds', it is mentioned that State Govt provide adequate funds for biomedical waste management but total funds (in amount per year) allocated by the State Government for this activity is not given in the plan.
865. With regard to 'ETP for WWT in HCFs', it is mentioned in the plan 'Yes HCFs where applicable' which seems that ETP are available in HCFs where applicable but on referring to DEMPs it is found that ETPs are not constructed in majority of the HCFs of the districts.
e. Hazardous 1. With regard to 'Regulation of industries and waste facilities generating Hazardous Waste', no details management on identification and authorization status of industries generating hazardous waste in the State is mentioned in the plan.
2. Under the activity 'training of workers' it is mentioned that industries train workers on safety aspects hence it is compling. It is vague and unmonitorable. They should indicate the number of trainings to be held and number of persons to be trained each year, as it is a regular activity, so that monitoring is done regularly and safety of industrial workers is ensured.
3. In action point 'Availability / Linkage with common TSDF or disposal facility', no information on 'identification of gaps' and 'action plan' is given. It is not clear in respect whether all the HW generators have access to the TSDFs in the State?
f. E-waste 1. A list of 51 e-waste
Management collection/dismantling/recycling/ refurbishing units
along with their capacity is given, but nowhere the quantity of e-waste, action plan for their treatment, budget requirement and timeline for completing these activities are mentioned. Regarding inventory/generation of e-waste/bulk e-waste generators, it is mentioned that it is a regular activity but no information about the inventory and action plan is given. In fact, in none of the activities, any information has been given in the plan.
B. Air quality 1. Information on prominent air polluting sources is management missing in the table on 'current status' related to air quality monitoring.
2. With regard to 'prominent air polluting sources' and 'hotspots of air pollution', information regarding NCR and non-attainment cities is given while no details about the other cities is mentioned in the plan.
3. With regard to 'setting up of continuous ambient air quality monitoring stations', it is mentioned in the plan that in some districts CAAQMS is yet to be installed while no gap and action plan for the same has been given.
C. Water quality 1. The table on current status on water quality management monitoring is missing in the plan.
2. With reference to 'inventory of water bodies', 'quality of water bodies' and 'hotspots of water contamination' no information on identification of gaps, action plan and timeline for compliance is given.
3. Information given in respect of 'protection of river/lake waterfront', 'inventory of sources of water pollution', protection of flood plains', and 'rejuvenation of groundwater' is not specific. The presentation of facts in this section does not match with the DEMPs.
D. Domestic 1. From the data presented under this section, it is sewage difficult to ascertain the gap. No plan has been treatment presented to meet the gap within a specified time limit for the construction of STPs or connecting network. This plan does not mention even the total volume of sewage generated in the State 87 E. Industrial 1. Under the 'current status' section no gap has been waste water identified. In fact, the capacity of the operational ETPs have not been mentioned. The plan must include this information as well as the action plan for meeting the gap
2. Under 'compliance to discharge norms by industries', the industries which are not compliant with the standards is not indicated. No protocol to carry out this regular activity is mentioned. F. Mining activity 1. For monitoring 'mining activity', it has been management reported that Task Force/Committee has been constituted in the districts, but no further details have been given. The action plan should include the minimum number of inspections/raids to be conducted during the year and fine/prosecution/action taken etc. The plan must indicate quantified monitorable targets to prevent illegal mining and ensure environmental compliance by the mining industry.
G. Noise pollution 1. Regarding the current status on 'noise pollution management management', the total numbers of noise measuring devices available in the state is not given in the plan.
2. Regarding the table on 'identification of gaps and action plan' neither the gap has been identified nor any action plan has been proposed. From the chart it appears that out of 75 districts, only 56 have noise measuring devices. The timeline for completion of all the activities is mentioned as 'immediate' which has been copied from the indicative template, but no budgetary requirement has been mentioned which would facilitate these activities, particularly procurement of noise measuring meters for the remaining districts, immediately.
Recommendations.
In view of the above, we recommend as follows:
1. Review of these plans reveals that they have been prepared without understanding the purpose and process of this exercise. The indicative template made available by the CPCB is fairly elaborate and exhaustive. In order to orient and equip the planners to properly use this and prepare realistic implementable and monitorable plan, the Additional Chief Secretary, EF&CC, UP may be directed to get all these DEMPs of the 75 districts prepared in accordance with the spirit of the order of the Hon'ble NGT keeping the observations of this Committee in mind. He may also be directed to conduct workshops for the Member Secretaries of the DEMP Committees of all the districts in small and manageable groups in which respective Head of the Departments should guide them to fill the relevant sections. Thereafter, the Member Secretaries should hold a workshop of all the district level officers in the district and get the DEMPs finalized. The finalized master (office) copy of the DEMP shall be signed by all the district level officers of the departments concerned. This exercise may take six weeks.88
2. Once the plans of all the districts are finalized, only then the preparation of SEMP should begin. The Member Secretary, UPPCB may be directed to prepare the SEMP by aggregating the details of every column in respect of each action point in all 7 thematic areas. The SEMP so prepared should be passed on to the Head of the Departments at the State level for vetting and making appropriate provision in the budget. After the vetting of the State Plan by the respective Head of the Departments, it should be deemed to have been finalized. The Additional Chief Secretary, EF&CC thereafter should share the SEMP with all ACS/PS/Secretaries of the departments concerned for making budgetary provision and monitoring time bound implementation of the SEMP. This exercise may take another 6 weeks.
The Chief Secretary may be directed to monitor and coordinate between the departments and ensure that DEMPs and SEMP are prepared within 3 months without any further delay."
Report of CPCB Monitoring Committee dated 10.10.2022
11. The report mentions steps taken by CPCB for coordinating with the concerned States, for preparation of plans and the way forward. With regard to preparation of DEPs, it is stated that out of 738 districts, plans have been prepared for 640 districts. In 98 districts, plans are yet to be prepared. Statewise status is as under:-
S.No. Name of State No. of No. Of
Districts DEPs
prepar
ed
1. Andaman & Nicobar 3 1
2. Assam 34 30
3. Andhra Pradesh 13 13
4. Arunachal Pradesh 25 0
5. Bihar 38 1
6. Chandigarh 1 1
7. Chhattisgarh 28 28
8. DD & DNH 3 3
9. Delhi 11 11
10. Goa 2 2
11. Gujarat 33 33
12. Haryana 22 22
13. Himachal Pradesh 12 12
14. Jammu & Kashmir 20 12
15. Jharkhand 24 22
16. Karnataka 31 31
17. Kerala 14 14
89
18. Ladakh 2 2
19. Lakshadweep 1 1
20. Madhya Pradesh 52 52
21. Maharashtra 36 36
22. Manipur 16 16
23. Meghalaya 11 6
24. Mizoram 11 11
25. Nagaland 12 1
26. Odisha 30 30
27. Pudducherry 4 4
28. Punjab 22 22
29. Rajasthan 33 33
Further, the DEPs have been uploaded on the websites of District Administration / State Boards."
12. The way forward suggested in the report is as follows:-
"5. Way Forward For every thematic area, Hon'ble NGT has passed directions wherein action points are mentioned for compliance in respective thematic area for compliance. These action points are continuous activity for different stakeholders wherein Hon'ble has also constituted individual Monitoring Committees for review on execution of these plans. Details of action points given by Hon'ble NGT is given in table given below.
S. Issues References Orders of Hon'ble NGT Status of
No. NGT
matter
(i) Municipal OA The matter OA 606/2018, arising out Matter is
Solid Waste 606/2018, of directions of the Hon'ble Supreme being
(MSW) order dated Court in W.P. No. 888/1996 and de
30.11.2021 W.P. No. 375/2012, is related to alt
and compliance of Municipal Solid Waste with
respective Management Rules, 2016 and other separate
orders of environmental issues. In the said States/
States/UTs matter the Tribunal has constituted UTs - The
Monitoring committees and directed Chief
personal presence of Chief Secretaries Secretaries
of all States/UTs to explore remedial to monitor
action. In addition to this special task the
force in every district has been progress
constituted for awareness of SWM as
Rules, 2016. per
CPCB has also filed action taken schedule
report with respect given
to compliance of SWM Rules by
States/UTs. Based by
on reports of monitoring committee Hon'ble
and CPCB, Hon'ble Tribunal vide Tribunal
order dated 30.11.2021 and
31.05.2022 directed that:
• Chief Secretaries shall continue
the monitoring and interact with
the Tribunal periodically by video
conferencing as per schedule
given in the order, with the status
90
of compliance in respect of each of
the States/UTs on the subject of
Solid
Waste Management and Sewage
Management. The data to be
furnished should cover all
categories of areas in the State -
big cities, towns and villages.
• All the States/CPCB may
undertake process of verification
of data after having interaction on
video conferencing with the
concerned States/ UTs within one
month.
• The Secretaries, Environment,
Urban Development Department
and Irrigation Department may
also coordinate with the Member
Secretaries of State Legal
Services Authorities in all
State/UTs for the awareness
programmes on the subject.
If the engagement of Dr. A.B. Akolkar,
former Member Secretary, CPCB has
come to end, the CPCB may take
further action in the matter to enable
for continuation of coordination with the committee, as per direction.
(ii) Plastic Waste EA No. In the matter EA no. 13/219 in OA no. Disposed of Manageme nt 13/2019 in 247/2017, CPCB Vs State of vide order (PWM) OA Andaman & Nicobar & Ors. regarding dated 247/2017 implementation of Plastic Waste 08.01.2021 order dated Management Rules, 2016 (PWM 08.01.2021 Rules), including Extended Producer Responsibility (EPR) in terms of Rule 9(4), CPCB has filed status of compliance to PWM Rules and action taken in the matter including EC regime and penal action. The matter was disposed of vide order dated 08.01.2021, wherein following has been directed by the Tribunal:
• MoEF may finalize EPR regime, preferably within 3 months.
• The State level authorities also need to take necessary effective steps for enforcement, including coercive measures.
• EC and penal action regime proposed by the CPCB may be duly implemented by the CPCB, State PCBs/PCCs, State Level Monitoring Committees and all other concerned authorities.
• District Environment Committees constituted in pursuance of order of the Tribunal in matter OA 710/2017 may also monitor compliance of PWM Rules and give their respective reports to the State Level Committees.
• The CPCB may continue to coordinate with the State Level 91 Monitoring Committees, the State PCBs/PCCs or any other authorities with reference to the steps taken by the State Level Monitoring Committees in coordinating with the concerned Local Bodies, Gram Panchayats, Waste Generators, Producers, Importers, Brand Owners, Recyclers, Manufactures, Retailers and Street Vendors in accordance with the rules.
Whenever, necessary CPCB may issue further directions from time to time in the light of experiences gained considering different suggestions and viewpoints, including the suggestions of the Oversight Committee for State of UP.
(iii) Biomedical OA In the matter of OA 710/2017 with Disposed of Waste 710/2017 OA 711/2017, 712/2017 and vide order order dated 713/2017, on the subject of dated 18.01.2021 compliance of the Biomedical Waste 18.01.2021 Management Rules, 2016, CPCB has filed detailed report on status of compliance of Biomedical Waste Management Rules, 2016 in the country. In addition to that Oversight Committee constituted by Tribunal for environmental issues in the State of U.P., also submitted their recommendations. The matter is disposed of vide order dated 18.01.2021 wherein following orders has been passed:
• Recycling of waste will only be through authorized recyclers.
• Ensure that hazardous bio-
medical waste is not mixed with the general waste.
• CPCB needs to review the compliance status from time to time, atleast once in every quarter and issue directions based on the observations from the reports received.
• CPCB may ensure that for strict compliance of the rules, the compensation regime is duly applied against the defaulters, following due process.
• Standards of handling of BMW need to be duly complied. The authorities must ensure that waste is disposed of only through authorized agencies, common facilities are located as per siting guidelines and they must have EC.
• There should be no pilferage by unauthorized recyclers.
• Adequate number of common bio-
medical facilities should be set up.
• The Chief Secretaries may inter-92
alia ensure that authorization is secured by every health care facility in their respective jurisdiction and also there is adherence to the norms.
• ETPs are either not provided or are not functional in various health care facilities as required under the Rules. Compliance in this regard may be ensured in all States/UTs. While permitting deep burials, it may be ensured that ground water contamination does not take place.
(iv) Hazardous OA The matter of OA 804/2017 filed by Disposed of Waste 804/2017, Rajiv Narayan & Anr. Vs Union of vide order order dated India & Ors., is on the subject of dated 29.01.2021 compliance of the Hazardous and 29.07.2021 Other Waste (Management and Transboundary Movement Rules, 2019. In the said matter monitoring committee was constituted by the Tribunal to oversee the status of compliance of HOWM Rules, import, export, contaminated site and worker's health. The monitoring committee has submitted its report along with recommendations, the same were accepted by Hon'ble Tribunal. CPCB has also filed a multiple detailed action taken reports on the same along with recommendations.
The Tribunal vide order dated 29.07.2021 disposed of the said matter and directed that;
• Observations/suggestions of the CPCB with reference to the compliance of HOWM Rules by the State PCBs/PCCs may now be duly complied expeditiously, which may be further overseen by the CPCB.
• The CPCB may assess compensation if the State PCBs/PCCs neglect compliance, following due process, which may be recovered and utilized for restoration of the environment, by preparing an action plan to be approved by the Chairman, CPCB.
• the MoEF&CC may follow up compliance of steps to be taken by the Central Ministries, for which purpose the CPCB may coordinate with the MoEF&CC.
• CPCB may impose compensation, if necessary, on the States/UTs which fail to set up TSDF or make other alternative arrangement for management of hazardous waste as per Rules.
• CPCB may also notify the contaminated sites, having 93 potential for damage to the environment, in public domain, along with damage caused and the studies undertaken.
• CPCB may also ensure that hazardous waste generators/recycles/operators of TSDF follow safety protocols, undertake periodical audits, have onsite and offsite emergency plans to avert accidents and fire and other environmental damage.
(v) E-waste OA • The State PCB may ensure in Disposed of 621/2018 setting up of TSDF and its vide order and OA operationalization CPCB dated 512/2018 guidelines are duly followed. The 15.01.2021 order dated e-waste on the bank of River 15.01.2021 Ramganga may be duly shifted in an environmentally sound manner. Banks of river Ramganga should be cleaned and no deposition of e-
waste/black powder observed.
• DPCC may continue further efforts in coordination with the concerned Authorities including Delhi Police and East Delhi Municipal Corporation. It is not enough for the DPCC to be content by simply giving directions to other statutory authorities instead of coordinating with them to ensure compliance. Dismantlers and recyclers may be located in the conforming areas and provided with proper infrastructure facilities.
All the State PCBs/PCCs need to identify the hotspots by constant vigil and to coordinate with the District Administration at local levels to prevent damage to the environment and public health and meaningful enforcement of rule of law. The E-waste needs to be shifted to the nearest TSDFs for safe disposal. Dismantlers and recyclers may be located in the conforming areas and provided with proper infrastructure facilities.
(vi) C&D Waste ---
2 Sewage OA • Ministry of Jal Shakti may devise disposed Treatment 593/2017, an appropriate mechanism for and Order dated more effective monitoring of steps of Utilization 21.09.2021 for control of pollution and vide order And rejuvenation of all polluted river dated 22.02.2021 stretches in the country. The said 22.02.2021 mechanism may be called "National River Rejuvenation Mechanism" (NRRM) or given any other suitable name.
• NRRM may also consider the observations with regard to setting up of National/State/ • District Environment Data Grid at appropriate levels as an effective 94 monitoring strategy.
• Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM.
• Other steps in terms of action plans for abatement of pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining flow, protecting floodplains, using treated sewage for secondary purposes, developing biodiversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. be taken effectively.
• The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.
• The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.
• Directions of this Tribunal in earlier order, dated 21.9.2020 are reiterated (in said order several directions have been given to all States/UTs, Chief Secretaries of States/UTs, CMC, RRC, CPCB) • The NRRM and the Chief Secretaries of all the States/UTs may take into account the observations and earlier directions.
The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution.
3 Water OA Combined with OA 593/2017 in order disposed Quality 673/2018 dated 21.09.2021 and 22.02.2021.
order dated Order is same as above. of vide order 21.09.2020 dated and 22.02.2021 22.02.2021 OA The scope of matter OA 325/2015 is disposed 325/2015, to identification, protection and order restoration of water bodies in the of vide order dated entire country. The matter vide order dated 18.11.2020 dated 18.11.2020 is disposed of with 18.11.2020 following directions:
• All States/UTs may forthwith designate a nodal agency for 95 restoration of water bodies, wherever no such agency has so far been so designated.
• Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may
a) Hold its meeting not later than 31.1.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action up to Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).
b) Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India.
First such report may be furnished by 28.02.2021.
• The Central Monitoring Committee for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.3.2021.
Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
OA The matter OA 829/2019 is related to disposed 829/2019, issue of coastal pollution on account Order of discharge of untreated of vide order dated effluents/sewage. The matter was dated 21.09.2020 disposed of vide order dated 21.09.2020 21.09.2020 with the following directions:
• Coastal pollution needs to be dealt with in the same manner as polluted river stretches by preparing action plans of each States/UTs which may also be monitored by the Central Monitoring Committee (CMC) simultaneously with the 351 polluted river stretches and the said subject may also be covered in the next report of the CMC.
• The CMC is to be headed by the Secretary, Ministry of Jal Shakti and assisted by the CPCB and NMCG and at the States/UTs level, the Chief Secretaries have to monitor the compliance status and give reports to and interact with the 96 CMC.
• The matter was further reviewed
and disposed of with t he matter
OA 593/2017 with OA
673/2018.
OA The matter OA 496/2016 was disposed
496/2016, considered for water management in
order dated Delhi, including rain water of vide order
22.01.2021 harvesting, revival of water bodies, dated
OA use of treated water and control of 22.1.2021
176/2015, illegal extraction of ground water,
order dated problem of contamination of ground 20.07.2020 water. The matter was disposed of vide order dated 22.1.2021 directing that:
• As per orders in the matter OA 593/2017 and 673/2018, issue of restoration of water bodies, use of treated water for secondary purposes, installation of RWH systems and control of illegal extraction of groundwater being part of the water management may be dealt with in a holistic manner at the District level, State level as well as National level by the designated authorities for the purpose at periodical intervals and final consolidated reports may be furnished by the CMC to the Tribunal.
• the Chief Secretary, Delhi may in coordination with the concerned authorities, including the Delhi Jal Board and the Delhi Development Authority take further action on the subject of restoration of waterbodies, installation of RWH systems, utilisation of treated sewage water, extraction of ground water and prevention of contamination of water in the light of the earlier orders.
• the matter is monitored by the River Rejuvenation Committee (RRC) at least once a month and by the Chief Secretary at least once in every three months.
• The periodical reports of the steps taken may be furnished to the Secretary, MoWR who is chairing the CMC for rejuvenation of polluted rivers and water bodies including component of rain water harvesting of such rejuvenation.
• the Delhi Government and all other States/ UTs as well as the CMC may explore whether a model can be developed as a strategy for augmenting supply of drinking water by linking water collected through RWH systems to the water supply systems on the pattern of schemes for connecting solar energy generated in individual houses with the Grids with requisite incentives to motivate the concerned 97 individuals/organizations.
4 Industrial OA The matter OA 639/2018 is for disposed Pollution 593/2017, consideration for revision of existing Control order dated monitoring mechanism to oversee of vide order 21.09.2020 compliance of environmental norms dated and by the State PCBs, including duration 23.03.2021 22.02.2021 for mandatory inspections of 'highly OA polluting 17 category', 'red', 'orange' 639/2018, and 'green' category industries and order dated policy of auto renewals of Consent to 23.03.2021 Operate under the Water (Prevention and Control of Pollution) Act, 1974 as well as the Air (Prevention and Control of Pollution) Act, 1981. The matter was disposed of vide order dated 23.03.2021 directing MoEF&CC, MoJS, MoUD, GoI, CPCB, Chief Secretaries and State PCBs/PCCs and SEIAAs of all States/UTs.to take steps as per direction of Tribunal vide order dated 05.02.2021 in OA 95/2018.
5 Air Quality OA sites and effectives steps for disposed Management 681/2018, management of other waste, and Noise order dated including biomedical, plastic and of vide Pollution 08.04.2021 e-waste, dust control, public order dated OA awareness and community 08.04.2021 519/2016, involvement programmes and (related to setting up of data grids on all noise levels. NTF may also evolve and pollution in oversee parameters for interse Delhi)orde r ranking of success of remedial date action for 124 NACs and other air d polluted areas where air quality is 11.08.2020 poor and above. Further, accountability for failures and incentives for success also needs to be monitored. NTF is free to take up any other incidental issues.
• Consistent with Digital India initiatives, MoEF&CC/ CPCB may consider setting up and periodically updating National Environment Data Grid (NEDG) linked to the State Environment Data Grids (SEDGs) and District Environment Data Grids (DEDGs) and further linked to available portals like online air quality, Sameer and other monitoring stations to facilitate analysis, research and planning on the subject. It may be further interlinked to National Air Quality Monitoring Programme (NAMP).
• Based on above data, the MoEF&CC may lay down guidelines for classifying cities/districts in terms of air quality in different categories such as 'red', 'orange' and 'green'. On that basis, a National Air Quality Atlas may be compiled and published on the websites of MoEF&CC, CPCB and State PCBs/PCCs 98 annually.
• The Chief Secretaries of all States/UTs may continue to monitor progress in execution of action plans at State level with the assistance of monitoring cells in their offices and the AQMCs.
The State level monitoring must include action at the ground as per directions to be implemented by the District Magistrates or other concerned departments. The monitoring may include all associated issues, including road dust control by appropriate sprinkling of water (utilizing treated water, instead of potable water), planting herbs and shrubs, and all sources of pollution, including fire crackers.
The issue of noise pollution also needs to be addressed, as earlier direction.
6 Sand Mining OA The matter OA 360/2015 is related disposed 360/2015, to updation of enforcement and order dated monitoring mechanism to control and of vide 26.02.2021 regulate illegal sand mining (including order dated riverbed sand mining). CPCB has filed 26.02.2021 reports in this matter. The matter was disposed of vide order dated 26.02.2021, wherein following directions have been passed accepting CPCB's report:
• The scale of compensation calculated with reference to approach II (as per CPCB report) be adopted by all the States/UTs. Though compensation assessment for damage to the environment is a dynamic concept, depending on variables, floor level formula can be worked out to avoid arbitrariness inherent in unguided discretion.
• The CPCB may issue an appropriate statutory direction for the facility of monitoring and compliance to the Environment Secretaries of all the States/UTs who may forthwith evolve an appropriate mechanism for assessment and recovery of compensation in all Districts of the State. The recovered compensation may be kept in a separate account and utilized for restoration of environment by preparing an appropriate action plan under the directions of the Environment Secretary with the assistance of such individual/ institutions as may be considered necessary.
• In the Central Government, the concerned authorities include Mining Ministry, Environment Ministry, Jalshakti Ministry and CPCB. In States, 99 Departments of Mining, Environment, SEIAA, PCB and District Magistrates, may act as enforcement authorities and may interact to tackle such situations.
• All the States/UTs to strictly follow the Sustainable Sand Mining and Management Guidelines-2016 read with Enforcement and Monitoring Guidelines for Sand Mining- 2020 reinforced by mechanism for preparation of District Survey Reports Environment Management Plans, replenishment studies, mine closure plans, grant of EC, assessment and recovery of compensation, seizure and release of vehicles involved in illegal mining, other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels.
• periodic inspection be conducted by a five- members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee.
Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee.
• Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any.
• The reports of such inspections be acted upon and placed on website of the SEIAA.
Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA.
• Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a 100 mechanism to fix accountability of the concerned officers.
• The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State.
• The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.
• Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.
• the Secretary MoEF to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for interaction on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide clarity on enforcement strategies and help protection of environment.
It is humbly submitted that task of preparation of District Environment Plan and its monitoring as directed by Hon'ble National Green Tribunal has been taken up by most of the Districts. The State Environment Plan is still under the process of preparation in many States and Union Territories, for which State Governments are required to integrate District Environmental Plan while preparing the State Plan. The districts may require adequate budgetary allocation for implementation of District Environment Plans."
13. We have considered the reports. We are satisfied that further action needs to be taken by the concerned States/UTs in the light of observations and recommendations in the above report. It is well known that there is urgent need for upgrading environmental standards in the country - air, water and land in the interest of public health and in the light of Constitutional goal and mandate. This is not possible without planning.
Planning should be at all levels - Districts, States as well as national. This 101 has to be part of ongoing exercise for discharge of State's Constitutional obligation for providing pollution free environment and protection of natural environmental resources under public trust doctrine in the light of applicable statutory regime and earlier orders of the Tribunal. The District Environment plans must contain all relevant data on different thematic subjects, covering each city, town and village, with identified gaps in compliances and set out plan for remedial action in measurable terms with requisite budgetary support to meet estimated cost. It must provide for grievance redressal mechanism with review at higher levels. This can be basis for planning at higher level and also enable monitoring and measurement of progress with reference to baseline data. On that basis there can be further policy making and planning. One of the steps is to identify vulnerable districts with respect to specific environmental issues like sand mining, industrial pollution, stone crushers/brick kilns and mining, ground water depletion etc. so as to give due attention to monitor them. The plans may provide for awarding appreciation to best/ model districts/areas which may be then replicated at other places. Plans may also provide for taking on board civil society and creating awareness through educational, social and charitable institutions, including in coordination with Legal Services Authorities. The District Plans as on 31st December of the year must be finalized with respect to remaining 98 districts expeditiously, preferably within three months. CPCB may follow up with concerned States. Progress in implementation of the plan be placed on website by 31st January every year. Likewise, State Environment Plan, taking into account District Environment Plans or any other relevant data may be finalized by 28th February every year and placed on respective State websites. The CPCB may thereafter in coordination with any other Ministry or authority prepare a consolidated plan based on State Environmental Plans by 31st March every year and place the same on its website.
102Consolidated national plan may also be filed with the Registrar General of this Tribunal by April 30 every year. If found necessary, the same be placed for consideration before the Bench. Let District, State and National Environmental plans be prepared and updated accordingly on continuous basis annually. Subject to such plans being considered as and when necessary and any grievance being separately considered, the application is disposed of.
A copy of this order be forwarded to all District Magistrates, Chief Secretaries, State PCBs, Divisional Forest Officers, Superintendents of Police, State Legal Services Authorities, CPCB and MoEF&CC by email for compliance. State PCBs may further circulate copies of this order to any other concerned departments/authorities. CPCB may circulate to concerned Departments in Central Government who may prepare their respective plans for upgradation of environment concerning their Department/Ministry.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM January 17, 2023 Original Application No. 360/2018 (SLP (Civil) No. 2959/2014) AB+AVT 103