National Green Tribunal
Kankana Das D/O Mr. Aditya Kumar Das vs Union Of India Through Secretary ... on 28 April, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 139/2017/EZ
I.A. No. 30/2022/EZ
Kankan Das Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 28.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary, Advocate
Respondent(s): Mr. Debasish Ghosh, Advocate for R-1,
Mr. Surendra Kumar, Advocate for R-2&5,
Ms. Aishwarya Rajyashree, Advocate for R-3,4,6 to 8,
Mr. Pranit Bag, Advocate a/w Mr. Saptarshi Mukherjee, Advocate
for R-21,
ORDER
The Issue
1. Grievance in this application is against damage to the environment and public health on account of non-compliance of Bio-medical Waste Management Rules, of 2016 (BMW Rules) in the State of Jharkhand.
2. Apart from impleading the State of Jharkhand and its Authorities, the applicant has impleaded 19 Health Care Facilities (HCFs) as parties being - Rajendra Institute of Medical Science Hospital, Ranchi, ISPAT Hospital, Ranchi, KC Roy Memorial Hospital, Ranchi, Om Nursing Home 1 and Research Centre, Ranchi, Namkum Community Health Centre, Ranchi, Lakshmi Nursing Home, Ranchi, HEC Hospital, Ranchi, District Hospital Ranchi, Ranchi, Orchid Medical Centre, Ranchi, Bhagwan Mahavir Medical Superspeciality Hospital Ranchi, Chanho Community Health Centre, Chanho, Mandar Referral Hospital, Mandar, Pataliputra Medical College Hospital, Dhanbad, Central Hospital, Dhanbad, Alan Hospital, Dhanbad, Shakti Nursing Home, Dhanbad, Dhanbad Nursing Home, Dhanbad, Govindpur Community Healthcare Centre, Dhanbad and Pataliputra Nursing Home, Dhanbad.
3. The violations alleged in the application include non-segregation of waste, non-compliance with the duties of the Occupier, poor functioning of the Common Bio Medical Waste Treatment Facility (CBMWTF), non-
compliance of with the Treatment and Disposal Provisions, Back End Selling of Untreated Bio-Medical Waste, non-compliance with the Solid Waste Management Rules, 2016, absence of Advisory Committee, non-
responsiveness of the State Pollution Control Board, non-compliance with the Revised Guideline of CPCB for CBWTFs and vulnerability of Waste Collector and Rag Pickers to Hepatitis and HIV.
Procedural History
4. The application first came up for hearing on 12.09.2017 when the Tribunal issued notice. Replies have been filed by some of the statutory authorities as well as some of the HCFs. The Tribunal has considered the matter on several occasions in the last more than four years in the light of stand of the parties and the status reports filed. It will be suffice to refer to last orders dated 29.09.2021, 25.01.2022 and 09.03.2022.
5. Vide order dated 29.09.2021, the Tribunal noted the coercive measures taken for enforcement of the Rules and directed the Chief 2 Secretary, Jharkhand to ensure that STPs/ETPs are positively established by 1st June, 2022 in all 50 Urban Local Bodies (ULBs). The Tribunal also took on record the comprehensive action plan prepared by the Health Department and Family Welfare.
6. Vide order dated 25.01.2022, the Tribunal noted assessment of compensation against defaulting hospitals/HCFs as follows:-
" S.No. Name of HCFs Direction Amount of
issued vide Environmental
Ref. No. & Compensation
dated in INR
1. M/s Central Hospital, Ref. No. B-180, 1,37,46,250.00
BCCL, At - Jagjivan Date
Nagar, Dhanbad, 21/01/2022
2. M/s Govindpur Ref. No. B-182, 78,55,000.00
Community Healthcare Dated
Centre, At-Govindpur, 21/01/2022
CD-Block, Dhanbad,
3. M/s Patliputra Medical Ref. No. B-183, 3,92,75,000.00
College and Hospital, At - dated
Saraidhela Road, Kusum 21/01/2022
Vihar, Loharkuli,
Dhanbad,
4. M/s Patliputra Nursing Ref. No. B-184, 11,40,000.00
Home, At - Purana Bazar, dated
Main Road, Dhanbad 21/01/2022
5. M/s Dhanbad Nursing Ref. No. B -181, 4,36,800.00
Home, At-Katras Road, dated
Bank More, Dhanbad, 21/01/2022
6. M/s Chanho Community Ref. No. B -185, 47,13,000.00
Health Centre, At-Ranchi dated
Road, District Ranchi, 21/01/2022
7. M/s Namkum Community Ref. No. B -192, 53,02,125.00
Health Centre, At- dated
Bargawa, Namkum, Near 21/01/2022
JAC, District-Ranchi,
8. M/s K.C. Roy Memorial Ref. No. B - 189, 49,09,375.00
Hospital, At-50 Circular dated
Road, Lalpur, District- 21/01/2022
Ranchi,
9. M/s Ispat Hospital, At- Ref No. B - 188, 49,09,375.00
Shyamali Colony, District- dated
Ranchi, 21/01/2022
10. M/s Laxmi Nursing Ref No. B - 193, 29,45,625.00
Home, At-Hinoo Main dated
Road, Hinoo, Ranchi, 21/01/2022
11. M/s Om Nursing Home, Ref. No. B - 190, 29,45,625.00
At-Near Bypass Chowk, dated
Kadru Main Road, 21/01/2022
3
Argora, Ranchi,
12. M/s Paras HEC Hospital, Ref No. B - 187, 49,09,375.00
At-Dhurwa, District- dated
Ranchi, 21/01/2022
13. M/s Mandar Referral Ref No. B - 186, 29,45,625.00
Hospital, At-Burmu Road, dated
Mandar, District-Ranchi, 21/01/2022
14. M/s Rajendra Institute of Ref No. B - 191, 4,41,84,375.00
Medical Science (RIMS) dated
Hospital, At-Bariyatu, 21/01/2022
DistrictRanchi, "
7. Further directions were issued for remedial action for non-
compliances. Vide order dated 09.03.2022, the Tribunal took on record the report of the Urban Development Housing and Housing Dept. of Jharkhand about disposal of waste by 50 ULBs. Noticing the shortcomings in compliance of the Rules emerging from the said affidavit, the Tribunal observed that proposal to take remedial action in the next four years was not appropriate. Accordingly, the Chief Secretary, Jharkhand and Secretary and Urban Development were directed to expedite the process. The Tribunal also noted that the STPs were functioning below capacity on account of lack of connectivity of the sewer lines with the STPs.
8. Further affidavits have been filed by the Central Hospital, Dhanbad mentioning the further steps taken for compliance of BMW Rules.
Supplementary affidavit has been filed by the State PCB stating that directions have been issued to the defaulting HCFs to deposit interim compensation assessed and also for compliance of the Rules. An affidavit has also been filed by State of Jharkhand about progress in awarding work for solid waste management.
Consideration and final orders 4
9. From the above, it seen that the state of compliance is far from satisfactory on most of the issues. The issue of STPs/ETPs/CETPs stands concluded by the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha, (2017) 5 SCC 326. In pursuance of the said judgement, the Tribunal monitored compliance in the light of data compiled from all States/UTs and issued final directions vide order 22.2.2021 in OA593/2017, applicable to all States/UTs. It was held that since the Hon'ble Supreme Court has fixed outer limit of 31.3.2018 for compliance, coercive action should be taken against the erring officers for delay, including recovery of compensation to be used for restoration of the environment which must be monitored by the Chief Secretaries of all States/UTs in the interest of rule of law and environment. It was noted that the State authorities are under Constitutional obligation to comply with the mandate of Water Act and right of citizens to clean environment. If pollution of water is not prevented, there are serious consequences for health of the citizens which a welfare State can ill afford. Thus, we hope the State of Jharkand realises its responsibility and takes further remedial action forthwith. Unfortunately, though water pollution control Act was enacted 48 years back and inspite of binding Supreme Court judgement long future dates are being given by the State of Jharkand for which we place on record our strong disapproval with the hope the State realises its responsibility to the rights of the people and its own Constitution duties.
10. Similarly, we find that though statutory timelines for compliance of Municipal Solid Waste Management Rules, 2016 (MSW Rules) have long expired and in breach of binding orders of the Hon'ble Supreme Court and further orders of this Tribunal inter alia in O.A No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016, passed in 5 the presence of and after interaction with the Chief Secretary, Jharkand, on 12.07.2019, non-compliance of Rules is continuing which is a criminal offence. It is a matter of regret that the State Authorities should be party to such violations, calling for prosecution of State Authorities.
The Chief Secretary, Jharkhand must take remedial action for compliance and take appropriate coercive measures against the erring officers. In this regard, directions in the order of this Tribunal dated 28.02.2020 in OA 606/2018, applicable to all States/UTs are reproduced for ready reference:
"
41. In view of above, consistent with the directions referred to in Para 29 issued on 10.01.2020 in the case of UP, Punjab and Chandigarh which have also been repeated for other States in matters already dealt with, we direct:
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today. CPCB may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 6 17.07.2019 in O.A. No. 519/2019 para 281 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places and delay in clearing legacy waste is causing huge damage to environment in monetary terms as noted in para 33 above, pending assessment and recovery of such damage by the concerned State PCB within four months from today, continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio- medical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e-waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in Para 36 above will result in liability to pay compensation as already noted above which are reproduced for ready reference:
1The Chief Secretaries may ensure allocation of funds for processing of legacy waste and its disposal and in their respective next reports, give the progress relating to management of all the legacy waste dumpsites. Remediation work on all other dumpsites may commence from 01.11.2019 and completed preferably within six months and in no case beyond one year. Substantial progress be made within six months. We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and public health.7
i. Interim measures for phytoremediation/ bioremediation etc. in respect of 100% sewage to reduce the pollution load on recipient water bodies - 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
ii. Commencement of setting up of STPs - 31.03.2020.
Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
iii. Commissioning of STPs - 31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2021.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
11. On the issue of bio-medical waste management, the Tribunal has already passed final order dated 18.01.2021 in O.A No. 710/2017, Shailesh Singh v. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors., applicable to all States/UTs in the light of status of compliance projected in the report of CPCB dated 13.01.2021. Relevant extracts from the said order are:-
"
3. The matter was reviewed vide order dated 22.01.2020 with reference to earlier proceedings and the report of the CPCB. It was noted in an earlier order that unscientific disposal of bio-medical waste had potential of serious diseases such as Gastrointestinal 8 infection, Respiratory infection, Eye infection, Genital infection, Skin infection, Anthrax, Meningitis, AIDS, Haemorrhagic fevers, Septicaemia, Viral Hepatitis type A, Viral Hepatitis type B and C, etc. Such unscientific disposal also causes environmental pollution leading to unpleasant smell, growth and multiplication of vectors like insects, rodents and worms and may lead to the transmission of diseases like typhoid, cholera, hepatitis and AIDS through injuries from syringes and needles contaminated with various communicable diseases. The Tribunal referred to the news article published in "Dainik Jagran" dated 06.10.2017 stating as follows:-
"That the Gautam Buddha Nagar is the only district where a survey of 66 hospitals was conducted in October 2017 where 23 were found doing the management of Biomedical waste. 18 hospitals of which have been issued notices by the Regional Officer, UPPCB, GuatamBudh Nagar."
4. Reference was also made to the report of the CAG placed on its website in May, 2017 as follows:
"Inadequate facility of bio-medical waste (BMW) treatment. As per the report paragraph 2.1.9.5 there were 8,366 Health Care Establishments (HCEs) out of which 3,362 HCEs were operating without authorization. Total BMW generated in the State was 37,498 kg/day out of which only 35,816 kg/day was treated and disposed of. BMW of 1,682 kg/day was being disposed of untreated due to inadequate treatment facility. But UPPCB failed to monitor unauthorised operation and untreated disposal of BMW and did not take any action against the defaulters."
5. The Tribunal also referred to earlier directions and the report of the CPCB about the status of compliance dated 15.11.2019 based on information received from different States/UTs. The information related to the monitoring of the Health Care Facilities (HCFs), grant of authorizations, adequacy of common treatment facilities, constitution of State/District Advisory Committees, Barcodes system in every HCF and CBWTFs, training and capacity building of the Departments and workers, installation of online systems for monitoring, giving of reports, compliance of standards, etc. The Tribunal held that there was need for consolidated status report with statistics and recommendations. As already noted, vide order dated 15.7.2019, direction was issued for preparation of District Environment Plans as per Articles 243G, 243W and 243ZD read with Schedules 11 and 12 of the Constitution. The District Magistrate as head of the District Planning Committee was to monitor compliance of environmental norms, including Bio Medical Waste Management Rules once every month and send a report to the Chief Secretary. Relevant part of the order is extracted below:
"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 9 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."
6. xxx............................xxx..................................xxx
7. Accordingly, the CPCB has filed its report dated 13.01.2021 giving the status of the compliance of the Rules as follows:-
"3. Bio-medical Waste Management Scenario:
As per the annual information, submitted by 34 SPCBs/PCCs, there are 3,19,907 no. of Health Care Facilities (HCFs) out of which 1,06,643 no. of HCFs are bedded and 2,15,336 no. of HCFs are non-bedded facilities such as clinics, blood banks, etc. Out of 3.19 lakh healthcare facilities 1.55 lakh facilities granted authorization under the BMW Rules. It is observed that number of authorizations have increased by 40% compared to earlier inventory. Similarly, the number of healthcare facilities brought under regulation have been increased 20% from 2,70,416 to 3,19,907 facilities.
Out of 3,19,907 no. of HCFs, about 75 % of them utilising services of CBWTFs, while 18,552 No. of HCFs, that is 5.8% of HFs are having captive bio-medical waste treatment and disposal facilities. There is no information on about 20% of HCFs since those facilities are yet to be brought under authorization process.
There are 202 no. of CBWTFs in the country and apart from it, 36 facilities are under construction. As per inventory, total generation of bio-medical waste is about 615 tonnes per day out of which about 541 tonnes per day of bio-medical waste are treated and disposed through authorized facilities. The quantity disposed through CBWTFs is about 486 tonnes per day, while 55 tonnes per day is disposed by captive facilities.
A summary of bio-medical waste management scenario in the Country is given below:
> No. of HCFs : 3,19,907
> No. of bedded HCFs : 1,06,643
10
> No. of non-bedded HCFs : 2,15,336
> No. of beds : 24,86,823
> No. of CBWTFs : 202* + 36**
> No. of HCFs granted authorization : 1,55,103
> No. of HCFs having Captive Treatment Facilities : 18,552
> No. of Captive Incinerators Operated by HCFs : 130
> Quantity of bio-medical waste generated in : 615
> Quantity of bio-medical waste treated in : 541
> No. of HCFs violated BMW Rules : 28,816
No. of Show-cause notices/Directions issued > to defaulter HCFs : 17,196 Note: * - CBWTFs in operation** - CBWTFs under installation Note: Above data is subject to minor corrections since, anomalies observed in data received from some of the States has been communicated to respective SPCBs/PCCs vide letter dated 15.12.2020 for necessary clarification and rectification.
The above data with respect to number of healthcare facilities and corresponding authorizations pertains to the year 2019. Compliance on authorizations has been further increased as per status report submitted by 29 SPCBs/PCCs in this matter. The same will reflect in annual compliance report for the year 2020, which would be available after submission of reports by SPCBs/PCCs by July, 2021.
4. Status of Compliance to BMWM Rules, 2016 CPCB identified 12 Key Performance Indicators (KPIs) to assess States with respect to effectiveness in monitoring, ensuring compliance and implementation of BMWM Rules, 2016. These indicators in different in States/UTs, have been monitored and gaps / discrepancies observed for improvement were communicated to State Pollution Control Boards and Pollution Control Committees.
CPCB has requested SPCBs/PCCs to submit information relating to the following 12 KPIs in a prescribed form:
1. Inventory of all Healthcare Facilities and biomedical waste generation
2. Authorization to all Healthcare Facilities including non-bedded HCFs
3. Facilitate setting-up adequate number of Common Biomedical Waste Treatment Facilities (CBWTFs) to cover entire State or all HCFs
4. Constitution of State Advisory Monitoring Committee and District Level Monitoring Committee
5. Implementation status of Barcode system
6. Monitoring of Healthcare Facilities other than hospitals/clinics such as Veterinary Hospitals, Animal Houses, AYUSH Hospitals etc. 11
7. Monitoring infrastructure of SPCBs/PCCs
8. Training and Capacity Building of officials of SPCBs/PCCs and Healthcare Facilities
9. Installation of OCEMS by CBMWTs as a self-monitoring tool and transmission of data with servers of SPCBs/ CPCB
10. Preparation of Annual Compliance Status Reports
11. Compliance by Common Facilities (emission/discharge standards, barcoding, proper operation, etc.)
12. Compliance by Healthcare Facilities (Segregation, pre-
treatment, on-site storage, barcoding and other provisions etc.) 4.1 Submission of report by SPCBs/PCCs CPCB has followed-up with SPCBs/PCCs for submission of State specific reports on compliance along with action taken on gaps identified by CPCB. Reports have been submitted by all SPCBs/PCCs except 06 SPCBs/PCCs namely Arunachal Pradesh, Daman & Diu, Goa, Jharkhand, Karnataka and Nagaland.
4.2 Inventory of Biomedical Waste Generating Units:
Inventory of biomedical waste generating units is an essential requirement to manage biomedical waste. It will help in planning and implementation, through authorization process, thereby waste generated from facilities can be accounted for proper collection and disposal.
As per the information received from States, 23 SPCBs/PCCs have completed the inventory as on 30.11.2020. It is reported that inventory in in process in Maharashtra and Rajasthan.
It is pertinent to mention that inventory of Healthcare Facilities and grant of authorization has been completed by many States. However, data pertaining to the same is expected to be mentioned in Annual Report for the year 2020. As per current compliance status report submitted in the matter, State-wise number of Healthcare Facilities (bedded and non-bedded) along with their authorization status received from 29 SPCBs/PCCs is given below:
Table: Status of Authorization of Healthcare Facilities Name of Total Bedded Non- Authorization Status S. No State/UT no. Health Bedded HCFs Care HCFs HCFs granted HCFs Authorization Facilities authorization without Completed (HCFs) authorizati on 1 Andaman 183 39 144 79 104 43% Nicobar 12 2 Andhra 10225 7078 3147 8688 1537 85% Pradesh 3 Assam 1043 582 461 1043 0 100% 4 Bihar 24996 4821 20174 5629 19367 23% 5 Chandigarh 890 49 841 890 0 100% 6 Chhattisgarh 5374 2302 2887 5189 185 97% 7 Delhi 10277 1225 9052 9916 361 96% 8 Gujarat 31360 11289 20079 27920 3440 89% 9 Haryana 6193 3054 3139 6006 187 97% 10 Himachal 8800 585 8215 3927 4873 45% Pradesh 11 J&K 6606 1541 5065 604 6002 9% 12 Kerala 13869 2126 11743 6735 7134 49% 13 Lakshadweep 46 10 36 39 7 85% 14 Madhya 8527 4100 4527 6270 2257 74% Pradesh 15 Maharashtra 63642 20231 43411 24902 38740 39% 16 Manipur 712 145 567 712 0 100% 17 Meghalaya 903 181 722 650 253 72% 18 Mizoram 654 106 548 135 519 21% 19 Odisha 3624 1501 2123 3302 322 91% 20 Puducherry 387 86 301 212 175 55% 21 Punjab 9871 3814 6057 8178 1693 83% 22 Rajasthan 8583 6254 2329 7070 1513 82% 23 Sikkim 287 34 253 287 0 100% 24 Tamil Nadu 23935 7099 16836 23935 0 100% 25 Telangana 6542 3742 2800 6518 24 100% 26 Tripura 1743 158 1585 870 873 50% 27 Uttarakhand 3582 1683 1899 2851 731 80% 28 Uttar 25411 13670 11741 21531 3880 85% Pradesh 29 West Bengal 8509 3008 5501 8488 21 100% Total 286774 100513 186183 192576 94198 67% The data indicates that 18 States/UTs namely Andhra Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Gujarat, Haryana, Lakshadweep, Manipur, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Uttarakhand, Uttar Pradesh and West Bengal have achieved more than 80% authorization of inventoried HCFs. The overall efficiency of authorizations issued in the country is 67% however the same need to be improved in every State and UT. There is a need for expediting the process of authorizing healthcare facilities, so that waste generated from facilities can be verified for proper collection and disposal.
4.5 Infrastructure for treatment and disposal of biomedical waste:
13There are 202 CBWTFs in the country with cumulative treatment and disposal capacity of 1200 MT/day, of which incineration capacity is 814 MT/day. The present generation of 615 MT/day may look adequate at national perspective, however, at individual State's level availability of CBWTFs may vary. It is evident from the fact that States namely Assam, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Manipur, Meghalaya, Odisha, Puducherry, Rajasthan, Tamil Nadu and Uttarakhand use deep burial pits for disposal of BMW, however as per BMWM Rules, 2016 use of deep burials is allowed only in remote or rural areas where there is no access of CBWTF. These States/UTs required to ensure that deep burial pits are authorized by respective SPCB/PCC and as per the standard prescribed under said Rules. SPCBs/PCCs should also strive to facilitate installation of CBTFs wherever possible to cover as many Healthcare facilities so that the burden of landfilling infectious (Yellow category) biomedical waste can be reduced.
Capacity utilization of CBWTFs vary among States/UTs depending on available infrastructure in a specific coverage area of 75Km, number of CBWTFs, geographical distribution in the State, population density in particular coverage area as well as connectivity of HCFs with CBWTFs. Therefore SPCBs/PCCs should relook at the available infrastructure considering above factors.
In States namely Assam, Jammu Kashmir, Kerala, Odisha, Pondicherry and Tamil Nadu, the capacity utilization of existing common infrastructure has exceeded 75%, therefore these States may examine the need for additional facilities by conducting gap analysis in each coverage area. While States namely A&N, Arunachal, Goa, Lakshadweep, Mizoram, Nagaland, Sikkim and Tripura does not have common facilities for treatment & disposal of biomedical waste, should facilitate setting up of new facilities of appropriate capacities.
SPCBs/PCCs namely Assam, Tamil Nadu and Uttarakhand have already conducted gap analysis to assess requirement of additional CBWTFs and accordingly they are under process of setting up of additional CBWTFs. All the remaining SPCBs/PCCs are required to require to conduct gap analysis for entire State to ensure coverage of common facilities in entire population and State's geographical area so as to minimize usage of deep burial pits for disposal of biomedical waste.
Mizoram SPCB has submitted proposal seeking financial assistance from Ministry of Environment Forest & Climate Change.
State-wise details on Common Infrastructure and capacity utilization 14 BMW CBWTF BMW Name of No of Authorized capacity S. No Generation Treatment State CBWTFs Capacity utilized (Tons/day) (Tons/day) Andaman 0.7 0 0.7 1 and Nicobar No CBWTF NA Islands 2 Andhra 15.1 12 15.1 44.4 34% Pradesh 3 Arunachal 0.4 0 0.4 No CBWTF NA Pradesh 4 Assam 8.8 1 6.2 7.2 86% 5 Bihar 34.8 4 10.8 45.3 24% 6 Chandigarh 3.9 1 3.9 6.5 60% 7 Chhattisgarh 3.7 4 4.3 22.8 19% 8 Dadar Nagar 0.3 Sent to 0.3 Sent to NA Haveli Surat Surat CBWTF CBWTF 9 Delhi 28.8 2 28.8 62.8 46% 10 Goa 1.5 0 1.5 No CBWTF NA 11 Gujarat 36.4 20 36.4 103.9 35% 12 Haryana 14.8 11 14.8 83.4 18% 13 Himachal 3.4 2 3.4 9.2 37% Pradesh 14 Jammu and 7.3 4 7.7 9.8 79% Kashmir 15 Jharkhand 5.9 3 5.9 13.1 45% 16 Karnataka 77.5 27 36.3 108.4 33% 17 Kerala 42.9 1 40.3 48.0 84% 18 Lakshadweep 0.1 0 0.1 No CBWTF NA 19 Madhya 17.8 14 17.3 46.5 37% Pradesh 20 Maharashtra 62.3 31 62.3 130.9 48% 21 Manipur 1.0 1 0.9 2.6 35% 22 Meghalaya 1.2 0 0.9 0.8 Inadequate capacity 23 Mizoram 0.9 0 0.9 No CBWTF NA 24 Nagaland 0.6 Nil 0.6 No CBWTF NA 25 Odisha 18.0 5 17.4 14.9 Inadequate capacity 26 Puducherry 5.9 1 5.9 5.9 No additional capacity 27 Punjab 16.1 5 16.1 29.1 55% 15 28 Rajasthan 20.7 8 18.5 35.3 52% 29 Sikkim 0.5 0 0.5 No CBWTF NA 30 Tamil Nadu 58.3 8 58.3 72.9 80% 31 Telangana 20.5 11 20.5 118.7 17% 32 Tripura 1.4 0 1.4 No CBWTF NA 33 Uttarakhand 3.8 2 3.8 7.5 51% 34 Uttar Pradesh 52.5 18 52.5 91.3 58% 35 West Bengal 41.6 6 41.6 79.9 52% TOTAL 615 202 541 1200 45% Note: (i) In States where there is no CBWTFs, the biomedical waste is disposed off through captive treatment facilities (incineration or deep burial) installed by HCFs.
(ii) Disposal by incineration is considered as 60% waste generated.
(iii) The capacity of autoclave has been calculated considering 6 batches per day.
4.6 Implementation of Barcode System Rules envisage implementation of barcode system by CBWTFs and HCF to track movement of biomedical waste between points of generation till its disposal at common facilities. As per status reports, only 04 States/UTs namely Bihar, Kerala, Punjab and West Bengal have adopted barcode system for tracking of biomedical waste.
22 States/UTs namely Andaman & Nicobar, Andhra Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Odisha, Puducherry, Rajasthan, Sikkim, Tamilnadu, Telangana, Uttar Pradesh and Uttarakhand have reported that they are under process of adoption of Barcode system.
03 States/UTs namely Mizoram, Meghalaya and Sikkim submitted that there is no CBWTFs in operation and hence barcode system is not adopted yet. However, as per CPCB guidelines, in case the areas not covered by CBWTFs, concerned SPCB will be responsible for implementation of barcode system.
16Hon'ble Supreme Court while hearing a matter of improper disposal of BMW in WP(C) 13029 of 1985, directed Ministry of Environment Forest & Climate Change and Central Pollution Control Board to implement the Barcode system through Centralized system. Accordingly, CPCB has already submitted technical proposal to MoEF&CC envisaging integration of all barcode systems into a central portal operated by CPCB. Further, as suggested by MoEF&CC, CPCB has constituted a Technical Committee to advise on planning and implementation of Barcode System at Central Level.
4.7 Monitoring of Healthcare Facilities other than Hospitals / Clinics Healthcare Facilities like Veterinary Hospitals, AYUSH hospitals, Animal Houses etc. also come under the purview of BMWM Rules, 2016 and are responsible for ensuring scientific disposal of biomedical waste. CPCB has advised SPCB/PCCs for carrying out monitoring of such HCFs and also to ensure their authorization.
As per the compliance reports, all SPCBs/PCCs have reported that they have included facilities other than clinics and hospitals in their inventory, except Assam, Kerala and Lakshadweep.
4.8 Monitoring Infrastructure of SPCBs/PCCs and organizing training programs Andaman & Nicobar, Lakshadweep, Manipur and Rajasthan have informed that they are under process of upgradation of their laboratories for conducting emission monitoring and effluent analysis. Remaining SPCBs/ and PCCs have adequate infrastructure to conduct monitoring to very compliance to standards / norms prescribed under BMWM Rules, 2016.
Training program is ongoing activity of State Boards and as informed every SPCB and PCC conducts training program regularly for Healthcare workers and State Board officials.
4.9 Installation of Online Continuous Emission Monitoring System As per rules, every CBWTF with incinerator facility is required install online continuous emission monitoring system (OCEMS) and report the real time emission data to SPCB and CPCB servers. As per status report, 75% of CBWTFs have installed OCEMS systems. States namely Andhra Pradesh, Assam, Chandigarh, Delhi, Haryana, Himachal Pradesh, Puducherry, Punjab, and Telangana, have ensured data transfer from all CBWTFs in respective States.
17One or more CBWTFs in the States namely Bihar, Chhattisgarh, Gujarat, Jharkhand, Jammu & Kashmir, Karanataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamilnadu, Uttarakhand, Uttar Pradesh and West Bengal have yet connected with CPCB server. None of the CWBTFs in Odisha and Manipur have installed OCEMS.
As per information available at CPCB OCEMS server, about 153 out of 202 CBWTFs have installed OCEMS analyzers and transmitting data to CPCB server. State-wise details is given below:
Total no. of CBWTFs OCEMS installed and data S. No Name of State transmitted to CPCB (As per AR 2019) 1 Andaman Nicobar 0 0 2 Andhra Pradesh 12 12 3 Arunachal 0 0 Pradesh 4 Assam 1 1 5 Bihar 4 3 6 Chandigarh 1 1 7 Chhattisgarh 4 3 Daman &Diu and Waste handover to Gujarat Waste handover to Gujarat 8 Dadra & Nagar facility facility Haveli 9 Delhi 2 2 10 Goa 0 0 11 Gujarat 20 15 12 Haryana 11 11 13 Himachal Pradesh 2 2 14 Jharkhand 4 2 15 J&K 3 1 16 Karnataka 27 25 17 Kerala 1 1 18 Lakshadweep 0 0 19 Madhya Pradesh 14 9 20 Maharashtra 31 18 21 Manipur 1 0 22 Meghalaya 0 0 23 Mizoram 0 0 24 Nagaland Nil 0 25 Orissa 5 0 26 Puducherry 1 1 27 Punjab 5 5 28 Rajasthan 8 5 29 Sikkim 0 0 30 Tamil Nadu 8 4 31 Telangana 11 11 32 Tripura 0 0 33 Uttarakhand 2 1 34 Uttar Pradesh 18 17 35 West Bengal 6 3 18 Total 202 153 4.10 Submission of Annual Report of Biomedical Waste Management Except Nagaland SPCB, every State Board has submitted annual compliance Report on Biomedical Waste Management for the year 2019. Gaps identified in compliance reports have been communicated to concerned SPCB/PCC for clarification.
4.11 Compliance by CBWTFs and HCFs As per status reports, SPCBs/PCCs have been conducting monitoring of CBWTFs and HCFs for verification of compliance. As per Annual report, SPCBs/PCCs have observed 28816 violations against which 17196 directions / Notices were issued against defaulting HCFs and CBWTFs. State-wise details of action taken is given below;
Total No. of show cause Total no. of violation by HCFs & notices/Directions issued S. No Name of State CBWTFs to defaulter HCFs/CBWTFs 1 Andaman Nicobar 0 0 2 Andhra Pradesh 466 640 3 Arunachal 76 76 Pradesh 4 Assam 414 409 5 Bihar 809 809 6 Chandigarh 232 412 7 Chhattisgarh 33 8 Daman &Diu and 8 Dadra & Nagar Nil 92 Haveli 9 Delhi 3597 1004 10 Goa 0 0 11 Gujarat 3068 3068 12 Haryana 128 83 13 Himachal Pradesh 55 55 14 Jharkhand 3231 325 15 J&K 5693 120 16 Karnataka 3926 905 17 Kerala 844 936 18 Lakshadweep 0 0 19 Madhya Pradesh 907 907 20 Maharashtra 273 225 21 Manipur 1 0 22 Meghalaya 0 0 23 Mizoram 0 2 24 Nagaland Nil Nil 25 Orissa 47 47 26 Puducherry 50 50 19 27 Punjab 3139 3139 28 Rajasthan 364 2573 29 Sikkim Nil Nil 30 Tamil Nadu 355 347 31 Telengana 826 826 32 Tripura 0 0 33 Uttarakhand 48 48 34 Uttar Pradesh 171 27 35 West Bengal 63 63 4.12 Comparative Evaluation of States Effectiveness of States in implementing BMWM Rules based Key Performance Indicators have been assessed relatively based on a quantifiable score, where equal weightage is given to each performance indicator with a score of 2 is given for initiatives taken for implementation, 1 for under progress action points and Nil for non- implemented action points. Seven States not having common facilities have been excluded for relative evaluation. Higher score against a State will only indicate where the States stands despite needing more actions on ground for effective implementation of BMWM Rules. Accordingly, comparative evaluation on implementation of Rules by 28 States/UTs against a total score of 24 is give in Table below.
Indicative & Relative performance of States in
implementation of Rules
S. No Name of State Score (out of 24)
1 Chandigarh 21
2 Delhi 21
3 Himachal Pradesh 21
4 Puducherry 21
5 West Bengal 21
6 Bihar 20
7 Haryana 20
8 Madhya Pradesh 20
9 Punjab 20
10 Telangana 20
11 Andhra Pradesh 19
12 Jammu & Kashmir 19
13 Manipur 19
14 Tamil Nadu 19
15 Uttarakhand 19
16 Gujarat 18
17 Kerala 18
20
18 Odisha 18
19 Uttar Pradesh 18
20 Assam 17
21 Chhattisgarh 17
22 Maharashtra 17
23 Andaman and Nicobar 16
24 Mizoram 16
25 Rajasthan 16
26 Sikkim 16
27 Meghalaya 15
28 Lakshadweep 14
Note: This table indicate only the relative standing of 28 States on implementation of Rules and higher score against a State should not be taken as full implementation of Rules.
State specific information on implementation of BMWM Rules, 2016 compiled as per the status reports submitted by SPCBs/PCCs is given at Annexure III.
5. Actions taken by SPCBs/PCCs and Scope of Improvement CPCB has assessed the implementation status of 29 States based on status reports submitted SPCBs/PCCs. Assessment based on State-wise activities pertaining to implementation of BMWM Rules and scope of further improvement are given at Annexure IV.
6. Over-all observations and Recommendations
(i) It is noticed that, consequent to directions issued by Hon'ble NGT, there has been 20% increase in number of HCFs identified and 40% increase in number of HCFs brought under the process authorization under BMWM Rules, 2016. This would result in improvement in management of biomedical waste. However, there is no information on about 20% of the identified HCFs since those facilities are yet to be brought under authorization process. SPCBs/PCCs should therefore, compete the remaining task expeditiously.
(ii) It is observed that out of 3,19,907 no. of HCFs, about 75 % of them utilising services of CBWTFs, while 18,552 No. of HCFs, that is 5.8% of HCFs are having captive bio-medical waste treatment and disposal facilities. Since most of the captive facilities utilize deep burial method of disposal, the objective of the States should be to extent possible minimize disposal of biomedical waste through captive facilities and facilitate availability of CBWTFs for final disposal.
(iii) The data indicates that only 10 States/UTs namely Chhattisgarh, Haryana, Lakshadweep, Manipur, Nagaland, Puducherry, Tamil Nadu, Telangana, Uttar Pradesh and West Bengal have achieved more than 80% authorization of inventoried HCFs. The overall efficiency of authorizations in 21 the country is far from satisfactory at 48%. Therefore, all SPCBs/PCCs should expedite the process of authorizing healthcare facilities, so that waste generated from facilities can be verified for proper collection and disposal.
(iv) The present generation of 615 MT/day of biomedical waste may look adequate at national perspective, however, at individual State's level availability of CBWTFs may vary. It is evident from the fact that despite having CBWTFs, States namely Assam, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Manipur, Meghalaya, Odisha, Puducherry, Rajasthan, Tamil Nadu and Uttarakhand still use deep burial pits for disposal of BMW as the existing CBWTFs fail to cover entire State.
(v) Capacity utilization of CBWTFs vary among States/UTs depending on available infrastructure in a specific coverage area of 75Km, number of CBWTFs, geographical distribution in the State, population density in particular coverage area as well as connectivity of HCFs with CBWTFs. Therefore, SPCBs/PCCs should relook at the available infrastructure and facilitate new CBWTFs to cover entire population and State's geographical area so as to minimize usage of deep burial pits to the extent possible.
(vi) In States namely Assam, Jammu Kashmir, Kerala, Odisha, Pondicherry and Tamil Nadu, where the capacity utilization of existing common infrastructure has exceeded 75%, these States may examine the need for additional facilities by conducting gap analysis in each coverage area.
(vii) States namely A&N, Arunachal, Goa, Lakshadweep, Mizoram, Meghalaya, Nagaland, Sikkim and Tripura do not have common facilities for treatment & disposal of biomedical waste, should facilitate setting up of new facilities of appropriate capacities in consultation with State Governments.
(viii) Having 4 years completed since re-notification of Rules, SPCBs/PCCs may now act strictly against non-complying HCFs. They may consider imposition of ECC as per the guidelines issued by CPCB in compliance with Orders of Hon'ble NGT.
(ix) Incidents of illegal dumping of biomedical waste are reported from time to time, and such incidents were also reported during COVID19 pandemic period. CPCB has prepared separate guidelines for "Monitoring Compliance of Common Biomedical Waste Treatment Facilities by State Pollution Control Boards / Pollution Control Committees" which provide check-lists for monitoring CBWTFs specially to monitor illegal handling of biomedical waste. Said guidelines gives guidance to State Boards to verify Operational Compliance, Adequacy of Infrastructure, Reporting of data and Inspections & Monitoring. SPCBs/PCCs should periodically verify operations of CBWTFs as per said check list. A copy of the same is given at Annexure V.
(x) Compliance of CBWTF is an important factor since CBWTFs release combustion gases and handles highly infectious wastes from multiple hospitals. SPCBs should therefore consider closing down or restrict operation of non- complying CBWTFs till they time it demonstrates compliance, 22 and mean while arrangement should be made to transport waste collected from member HCFs of such non-compliant facilities to another CBWTF nearby. SPCBs should also treat non-complying facilities as inadequate and allow new compliant facilities in same coverage area.
(xi) As per Rules, implementation of barcode system is mandatory to track movement of BMW, this system would also help in daily accounting of BMW. Despite the lapse of 3 years given for implementation of the system, only 04 States/UTs namely Bihar, Kerala, Punjab and West Bengal have adopted barcode system and 22 States/UTs are under process of adoption of the same. While there is some improvement implementing barcoding system, it is reported that HCFs are not joining the system. This indicates that SPCBs have failed to implement this provision effectively.
(xii) There has been improvement in submission of Annual compliance status reports by SPCBs. SPCBs/PCCS shall continue the same and they may prepare State specific Annual reports and upload the same in respective websites.
(xiii) About 75% of CBWTF have installed online continuous emission monitoring system (OCEMS) and real time emission data transmitted to SPCB and CPCB servers. States namely Bihar, Chhattisgarh, Gujarat, Jharkhand, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamilnadu, Uttarakhand, Uttar Pradesh and West Bengal should ensure that all CBWTFs in their State install OCEMS systems. Odisha and Manipur should ensure installation of OCEMS in their States in time bound manner."
8 to 10 xxx............................xxx............................................xxx
11. From the above it is seen that there are huge gaps in the compliance of authorization regime. In some of the States, compliance is ranging from 17% to 38% only. We also note underutilization of the common bio-medical facilities at many places. Adequacy of facilities and their siting may need review. Such facilities must obtain requisite Environmental Clearance (EC). Recycling of waste will only be through authorized recyclers. As observed earlier, it is utmost necessary to 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.
12. 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 of all the States/UTs may oversee compliance atleast every quarter in terms of direction of this Tribunal vide order dated 16.01.2019 in O.A. No. 606/2018 followed by further orders. The Chief Secretaries may inter-alia ensure that authorization is secured by every health 23 care facility in their respective jurisdiction and also there is adherence to the norms. Similarly, the District Magistrates may, at their level, take necessary steps in their Districts, in accordance with the District Environmental Plans. As found by the Oversight Committee for UP, 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."
12. Since compliance so far has been inadequate, there is need to take remedial measures in a mission mode to be overseen by the highest authorities in the State. Society can ill afford apathy shown by the State Authorities. Data compiled on the subject has to be authentic, reconciling the conflicting data in the report of the State PCB and that of CPCB. CBTFs should be compliant with the standards and fully utilized.
Gap in waste generated and treated should be abridged.
13. The State Authorities may, thus, proceed as per directions already issued by this Tribunal on the subject of compliance of norms for solid waste management, sewage and effluent treatment as well as compliance of Bio-medical Waste Management Rules in the light of above orders.
This may be monitored on regular basis by the Chief Secretary, Jharkhand in suitable manner in the interest of public health and safety, rule of law and for protection of environment. Compensation already assessed may be used, if necessary, by adopting coercive measures. If non-compliance continues, prosecution may be initiated and erring authorities may also be held accountable.
The Application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Jharkhand for compliance by email.
Adarsh Kumar Goel, CP 24 Sudhir Agarwal, JM B. Amit Sthalekar, JM Saibal Dasgupta, EM Prof. A. Senthil Vel, EM April 28, 2022 Original Application No. 139/2017/EZ I.A. No. 30/2022/EZ AB 25