National Green Tribunal
Ajay Pratap Singh Patel vs State Of Madhya Pradesh on 20 May, 2024
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 06/2024(CZ)
Ajay Pratap Singh Patel Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 20.05.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Mehul Bhardwaj, Adv.
ORDER
1. Issue raised in this application is violation of the Environmental (Protection) Rules, 1986, Bio-Medical Waste Management Rules 2016 as amended by (2nd Amendment Rules, 2019), Solid Waste Management Rules, 2016 and the Water (Prevention and Control of Pollution) Act, 1974 in the District Narsingpur, M.P.
2. It is alleged that entire chemical and biomedical waste collected in the city from different parts in the District Narsingpur, M.P., Sankaracharya ward are directly thrown into the Burman River and it is being flown in the main flow of the River Narmada. It is further contended that the entire waste is getting absorbed into the Narmada River and causing several diseases and polluting the water quality of the river, which is also a source of drinking water in the city.
13. The matter was taken up by this Tribunal on 15.01.2024 and a committee was constituted with direction to submit the following information:-
i. Number of hospitals in the District, Narsingpur, M.P. and capacity to generate the waste.
ii. Existing facility to dispose and the quantity.
iii. Quantity of disposal of untreated biomedical solid waste.
iv. Availability of the facility for Biomedical waste treatment and its distance with capacity of disposal per day.
4. In compliance thereof, the members of the committee visited the site and submitted the report as follows:-
A. Background and specific issues in this matter: -
The complaint and subsequent judgements have highlighted the following concerns: -
Complaint letter petition dated 11/12/2023 with reference to Municipal Council Narsinghpur (M.P.) Issues Raised Factual Observations against Issues
1. The applicant has mainly alleged The committee has made it that the entire chemical and abundantly evident that there isn't a biomedical waste is disposed of river named Barman. The closest about 300 to 400 meters away from location is on the Narmada River's the barman river and same is being bank and is known as Satdhara and accompanying in the main flow in Barman Ghat. This site comes under the river Narmada which results the jurisdiction of barman Khurd many chemical diseases. gram panchayat. The committee members visited the Barman located at Narmada River and it was observed that at the agriculture field of Nema farm near Satdhara road behind Sai mandir small quantity of solid waste (5-6) trolly found dumped which is covered by soil. The committee tried to contact the farmland owner to collect the source and reason for dumping, but landowner was not available at that time and caretaker does not know 2 about this dumping. The matrix of the dumped waste indicates that it is mostly municipal solid waste generated from the nearby area and may be dumped intentionally for levelling of low laying area. The applicant showed some photograph which was taken by him on 26.11.2023 the photograph provided by the applicant and matrix of earlier dumped MSW indicated that it is mostly plastic waste and majority of them is banned single use plastic i.e. carry bag, Thermocol cups, disposable plastic glass etc. The Google image history of the Nema's field was examined to determine if there was any past violation of the environmental regulations w.r.to MSW. The site appeared to be used for agricultural purposes continuously and no significant accumulation of municipal solid waste (MSW) was detected. Panchnama of the site is enclosed.
2. The entire waste is getting As mentioned above MSW is being absorbed into the Narmada River dumped in the agriculture field in and causing many diseases, since month of November 2023 and matrix Narmada River is a symbol of also indicates it is MSW. Hence the religious and sacred faith, due to allegations made in the petition which, apart from Narsinghpur regarding dumping of bio-medical district, in other districts too, its waste and because of its water water is consumed without any pollution and disease spreading in maintenance, and it is very this area are not in consonance with important that the disposal distance the facts. However, for further of waste from any river be at least confirmation the committee contacted two kilometers. Thus, is mentioned the CMHO of Narsinghpur. He also under the Waste Management confirms that vide its letter dated Provision Act 2005. 16.2.2024 there is no such kind of incidence in Satdhara road area related to spreading of disease due to water pollution. The letter issued by the CMHO is enclosed.
The petitioner also mentioned water pollution and claimed that the river Narmada is getting polluted. To assess the present status of water quality samples of River Narmada up and down stream have been collected and analyzed by MPPCB, laboratory 3 at Jabalpur. The samples were collected at representative locations on a random basis in the visited area.
The results of water analysis are enclosed. Based on the analysis values of river Narmada it can be concluded that there is no significant variation in water quality and none of the parameters show any abnormal values.
Under National Water Monitoring Program (NWMP), MPPCB collects water sample on monthly basis from Narmada River at Barman Ghat, District Narsinghpur, which is located downstream side of the Satdhara point. The completed analysis report of the Narmada River for last 01 year is enclosed as per the above compiled analysis reports, no reportable effect in water quality of River Narmada were observed in last one year.
Information required in Point No. 3 under the directions issued by the Hon'ble NGT regarding biomedical waste and its disposal facility are as follow: -
A. Number of hospitals in the district Narsinghpur, M.P. and Capacityto generate waste.
i. Total no. of Government bedded HCF (health care facility) is 32 and No. of Government non-bedded HCF (health care facility) is 15 and their waste generation is enclosed.
ii. Total no. of private bedded HCF (health care facility) is 25 and no. of private non-bedded HCF (health care facility) is 55 and their waste generation is enclosed.
B. Existing Facility to dispose and the quantity.
In the Narsinghpur district, there is a CBWTF facility Named M/s Common Bio Medical Waste Treatment Facility Narsinghpur (M.P.), which is situated in Khasra no. 163/2 Village Biner, Tehsil- Kareli. This disposal 4 plant has been found to be operational, with a capacity of 200 kg/hour for the incinerator, 100 kg/hour for the autoclave, 100 kg/hour for the shredder, and 7.50 KLD ETP. Every day, about 133 Kg of BMW waste is collected and disposed of on the same day.
C. Quantity of Disposal of untreated biomedical solid waste.
As mentioned, above in the Narsinghpur district, there is a CBWTF facility and during the inspection of trenching ground of Narsinghpur Municipal Council located at Sankal road, it was observed that, there is a sufficient facility to collect and store the household bio medical waste. As a result, there is no untreated biomedical solid waste disposal.
D. Availability of the facility for Biomedical waste treatment and its distance from capacity of disposal per day.
In the Narsinghpur district, there is a CBWTF facility Named M/s Common Bio Medical Waste Treatment Facility Narsinghpur (M.P.), which is situated in Khasra no. 163/2 Village Biner, Tehsil- Kareli. The distance of the facility from Narsinghpur city is around 12.60 Km. The operational capacity is 200 kg/hour for the incinerator, 100 kg/hour for the autoclave, 100 kg/hour for the shredder, and 7.50 KLD ETP. The CBWTF facility has two trucks that are used to collect BMW waste from hospitals and clinics.
These vehicles are fitted with GPS tracking systems that are linkedto the CPCB monitoring cell's central server.
Bio-medical waste management w.r.to waste generation, disposal, adequacy of treatment facility in Narsinghpur area.
As per MPPCB annual report of BMW 2022 the bio-medical waste generation in Narsinghpur around 133 kg per day (BMW annual report enclosed) and for treatment of the same CBWTF has been installed at village Biner Distt. Kareli. The CBWTF has valid authorisation. The authorisation enclosed. To verify the 5 adequacy of the treatment capacity of plant, the committee visited the treatment facility and found that the CBWTF has installed 200 kg/Hr static incinerator with PLC, conveyor feeding and dry scrubbing system.The facility has also installed 100 kg/Hr shredder, 100 kg/cycle autoclave, 7.5 KLD ETP and separate storage of incinerator ash.
There are 56 Health Care Facilities (HCFs) with a total of 1632 beds that have obtained membership. On average, 120 kg of waste is being collected and treated per day. This amount represents only 3% of the present treatment capacity of installed capacity. This calculation is basedon the current waste generation, collection, and bed occupancy in the area, assuming the plant operates 20 hours per day and all the waste is of the yellow category. As the waste is in very less quantity w.r.to installed capacity the plant was operated in morning hours generally for 2-3 hours it includes temperature rising and cooling time. At the time of visit incinerator not in operation and cooling time was going on.
This indicates that the plant has a significant capacity to handle more waste. Increasing the waste collection could potentially improve the efficiency of the plant's operations. However, it's also important to consider factors such as the types of waste and the specific treatment requirements for each category.
It appears there's a concern about the disposal of plastic waste generatedby hospitals. The applicant Sh. Ajay Pratap Singh has observed that sometimes this plastic waste gets mixed with Municipal Solid Waste. This observation is further confirmed by the representative of Common Bio-medical Waste Treatment Facility, who has noticed an absence of plastic waste during the collection of Bio-Medical Waste from Health Care Facilities, particularly from government-owned Community Health Centers and some of the private hospitals also.
This could indicate a need for improved waste segregation practices at the source, especially in government owned CHCs. Proper segregation of waste is crucial for effective waste 6 management and can help ensure that plastic waste is appropriately treated and does not end up in MSW.
As informed by CBWTF representative still 48 HCF mostly non- bedded has not obtained membership of treatment facility hence the possibility of BMW dumping in municipal bins by non-member HCFs may not be ruled out. It was observed that most of the health care facilities, especially non-bedded, still do not adopt the bar code system for waste tracking, so in this type of situation it very difficult to trace out the source of BMW dumping in municipal bins if any. It is also informed by the CBWTF representative there are 06 Municipal Council in his coverage area and so far, none of them approaching for agreement of household medical waste disposal. It is also pertinent to mention that PHCs and veterinary hospitals of the district do not give the BMW for its safe disposal.
Municipal Solid waste management w.r.to waste generation, disposal, adequacy of treatment facility of Narsinghpur Municipal Council.
Narsinghpur Municipal Council Profile: - Narsinghpur district, spanning over an area of about 5126 Sqr.km, lies in the south- central part of the state of Madhya Pradesh. There are five tehsils fall under this district namely Narsinghpur, Gotegaon, Gadarwara, Tendukheda & Kareli and the district further divided into six administrative blocks namely Saikheda, Babai Chichhli, Chawarpatha , Kareli, Narsinghpur & Gotegaon.
Narsinghpur Municipal Council covers 14.1 Sq. Kms area and has population of 59800 (As per census 2011). It consists of 28 wards. The quantity of this waste is about 20 MT/Day. Narsinghpur Municipal Council (NMC) has taken various required measures for collection, transportation, partially treatment & disposal of Municipal Solid waste. During the city visit it was observed that MSW accumulated in vacant plots of colonies and small heaps of waste also observed at prominent locations of city, it indicates still more efforts are required for proper management of MSW. The NMC gave contract to M/s CITDEL for collection of waste from Narsinghpur 7 area which is ultimately sent to Jabalpur for waste to energy plant (Copy of agreement is enclosed. The representative of CITDEL informed the committee that due to the long pendency of the previous bills at NMC level effective management of MSW is being affected.
Allegation related to dumping of BMW along with MSW at this site was mentioned in the petition, it was observed that the medical waste generated from households is being collected by the NMC. For collection of the waste more than 14 door-to-door garbage collection vehicles are available. However, on random basis, few vehicles verified are found equipped with dedicated bins for collection of bio-medical waste however lid of some container found damaged. The vehicles have four bins for collection of wet, dry, biomedical and E-waste.
Household Biomedical waste, such as sanitary napkins and diapers, which pose a grave hazard to the environment, is being collected and stored at MRF facility however for its further disposal NMC not done any agreement with M/s CBWTF, Biner Distt. Kareli which is authorized by MPPCB for collection of medical waste from Narsinghpur area. The letter issued by NMC on dated 15.2.2024 regarding household collection of BMW is enclosed.
Action Taken: -
1. A court case has already been filed against Municipal council Narsinghpur. Details of Court Case are: -
Case no- 549/2016 Under Section 15 and 17 of Environmentalprotection act 1986 and Municipal Solid waste rules 4 and 7.
2. Notice has been issued for Authorization under Section 25 of the Water (Prevention and Control) Act of 1974.
3. EC has been imposed in compliance with NGT O.A. 606/2018 of Rs.66 lakhs (from July 2020 to December 2020).
4. Notices have been issued to the HCFs (health care Facilities) regarding disposal of BMW waste to the CBWTF facility.
Conclusion: -
8The committee observed that there is no dumping of Bio-medical waste at Barman near Narmada River however, at the agriculture filed of Shri Nema ji which is approx. 400-meter upside from river some quantity of MSW was dumped in the month of November 2023. The matrix of the MSW indicated that still substantial quantity of banned single use plastic available this may be cause of river pollution.
For treatment of BMW generated in the district CBWTF has been installed however it is being operate only at its 3% capacity and approx. 90% capacity Still remained. This indicates that the plant has a significant capacity to handle more waste. It seems that there is gap between generation and collection because 48 HCFs and 06 municipal corporation not obtaining the membership of the CBWTF for disposal of its Bio- medical waste. This indicates that the plant has a significant capacity to handle more waste.
The spot evidence indicates that neither water borne disease spread nor water quality of river Narmada getting affected in Barman area because of BMW.
As for plastic waste, it's a significant part of solid waste and poses a considerable challenge due to its non-biodegradable nature. However, more attention and strengthened infrastructure are indeed required to effectively manage solid waste, particularly plastic and biomedical waste.
It's a complex issue that requires the cooperation of government agencies, environmental organizations, and the community. It's also crucial to raise awareness among the public about the importance of proper waste disposal and recycling to avoid such kind of issues raised by the applicant in present case.
Recommendations: -
Based on the monitoring and inspection conducted by Joint Committee on 14th Feb 2024 the following are the recommendations:
1. In compliance of NGT OA no 710/2017 and 360/2018 district environment plan of Narsinghpur has been prepared in 2021, the effective implementation of the 9 same may be ensured bythe NMC.
2. The CBWTF inform the name of the HCFs in writing to MPPCB those who are not giving their generated waste, have not obtained the membership and not adopting the bar code system so far.
3. To organize more awareness activity and interaction with member hospitals in consultation of MPPCB and NMC so that waste could be managed properly at source.
4. NMC may start special drive for elimination of single use plastic and promote its alternatives.
5. The NMC may further strengthen the waste collection system and ensure its scientific disposal and may review the long pendency of bills related to MSW management.
6. The NMC may promote the concept of MRFs through LSGs as it plays a critical role in promoting a circular economy by creating a market for recycled materials and generating employment for informal sector."
5. The perusal of the report reveals that there is non-disposal of solid waste and the rules regarding the solid waste management had not been properly adhered by the Municipal Corporation, Narsinghpur. State Pollution Control Board has submitted that notices have been issued and Narmada Municipal Corporation has been directed to strengthen the waste collection system and to ensure its scientific disposal according to the Municipal Solid Waste Management Rules, 2016.
6. In view of the above facts, we direct the Collector, Narsinghpur and Municipal Council of Narsinghpur to implement the guidelines issued by this Tribunal in Original Application No. 360/2018 and proper action should be initiated against the members who are not the members of CBWTF and rule with regard to the elimination of single-use plastic should be adhered and solid waste management should be scientifically disposed according to rules.10
7. State PCB is directed to periodically monitor the status of the solid waste and medical waste and in case of non-compliance of the Environmental Rules necessary action including prosecution and calculation of Environmental Compensation and its realization must be taken according to rules.
8. With these observations, the Original Application No. 06/2024 stands disposed of. A copy of the order be communicated to the Collector, Narsinghpur and Municipal Corporation, Narsinghpur for compliance.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 20th May, 2024 O.A No. 06/2024(CZ) PN 11