National Green Tribunal
Sushil Raghav vs Secretary on 5 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 334/2021
Sushil Raghav & Ors. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 05.07.2022
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
Applicant: Mr. R. Venkataraman, Advocate
Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. Grievance in this application is against non-compliance of statutory norms by private hospitals at Ghaziabad, Uttar Pradesh - Respondents Nos. 8 to 21 - Meenakshi Hospital, Yashoda Superspeciality Hospital, Max Hospital, Le Crest Hospital, Santosh Medical College, Aarogya Hospital, Aditi Hospital, Paras Hospital, Clearmedi Hospital and Cancer Centre, Vasundhara Hospital, Shanti Gopal Hospital, Yashoda Hospital.
2. According to the applicant, the said hospitals are discharging untreated effluents into the drains meeting Hindon River which then meets River Yamuna which finally meets River Ganga. They are not having requisite consent to establish and consent to operate and are also 1 extracting groundwater without requisite permission. They are non- compliant with the Bio-medical Waste Rules, 2016. The statutory authorities - UP State PCB and District Magistrate, Ghaziabad have failed to perform their statutory obligation of taking action against such noncompliance.
3. Vide order dated 16.12.2021, the Tribunal sought a factual report from joint Committee of CPCB, UP State PCB and District Magistrate, Ghaziabad. The joint Committee was to undertake visit to the site, interact with the stakeholders and take remedial action after ascertaining performance of the common bio-medical waste treatment facilities in the area.
4. The report of the joint Committee has been filed on 01.07.2022 giving the compliance status of the 14 bio-medical facilities as follows:-
Sr. Name of No. CTO BMW Status of Sample Analysis Observation No. Hospital of Authorizat ETP/STP during visit Beds ion
1. M/s. 30 31.07.2023 31.07.2023 ETP HCF is complying a. HCF should Meenakshi Installed with general implement bar Hospital, standards code system as .13-12, stipulated in per BMW Anand Schedule II Rules, 2016 Vihar, Of BMWM b. Proper logbook Kaushambi, Rules,2016 with regards to Ghaziabad for discharge operation of into public ETP should be sewers maintained
2. M/s. 300 31.12.2023 31.12.2023 STP/ETP HCF is Overall Yashoda Installed complying compliance with Super with general regards to BMW Speciality standards Rules and other Hospital, stipulated in environmental Kaushambi, Schedule II norms was found Ghaziabad Of BMWM to be satisfactory.
Rules,2016 for discharge into public sewers 2
3. M/s.Max 436 31.12.2023 31.12.2023 STP/ETP HCF is Overall Hospital, W- Installed complying compliance with 3, Near with general regards to BMW Radisson standards Rules and other BluHotel, stipulated in environmental Sector-1, Schedule II norms was found Vaishali, Of BMWM to be satisfactory.
Ghaziabad Rules,2016
for discharge
into public
sewers
4. M/s.Flores 100 31.07.2021 25.10.2022 ETP HCF is a. HCF should
Hospital, G- Installed complying ensure timely
350, with general Disposal of
PratapVihar standards BMW waste
Road, G- stipulated in through
Block Schedule II CBWTF as per
Sector-11, Of BMWM BMW Rules,
Pratap Rules,2016 2016.
Vihar, for discharge
Ghaziabad into public b. HCF should bar
sewers code system as
per BMW
Rules, 2016.
5. M/s. Atlanta 100 No No HCF is a. During
Hospital, complying inspection,
Plot with general ETP was
No-NH-01, standards Found not
Sector-14, stipulated in operational.
Vasundhara, Schedule II
Ghaziabad Of BMWM b. HCF
Rules, 2016 should
for discharge implement
into public Bar code
sewers System as
Per BMW Rules,
2016.
c. BMW
Should be
segregated
properly and
training of staff
handling BMW
waste is
required.
d. HCF have
no
dedicated
common storage
room for
temporary
storage of BMW
within premises.
e. Height of
stack attached
with DG is
not as per
norms.
f. HCF has
no
Valid CTO
3
And BMW
Authorization
from UPPCB.
g. The
hospital not
provided
appropriate
pretreatment
facility for
laboratory
generated liquid
chemical waste.
h. Records
was not
maintained
properly and
training
of staff
handling BMW
waste is
6. M/s. Le 100 31.07.2023 31.07.2023 STP/ETP HCF is a. HCF
Crest Installed complying should
Hospital, with general implement Bar
Plot standards code System as
No-INS-13, stipulated in Per BMW Rules,
Budh Schedule II 2016
Chowk, Of BMWM b. During
Sector- Rules, 2016 inspection,
4,Vasundhar for discharge chemical dosing
a,Ghaziabad into public system in ETP
sewers was not
operational.
c. BMW
should be
segregated
properly and
training of staff
handling BMW
waste is
required.
7. M/s. 150 No No ETP Sample could a. Unit has
Santosh Dent found not be not obtained
Medical al under collected as Valid CTO/
College, Chai construct there was no BMW
170, Sector- r ion discharge authorization
12, from Board
Block-J, b. Bar Code
Pratap facility not being
Vihar, used.
Ghaziabad
8. M/s. 100 31.12.2020 31.07.2023 ETP HCF is Bar Code facility
Hospital, installed complying not being used.
NH-01, with general
Sector-6, standards
Vaishali, stipulated in
Ghaziabad Schedule II of
BMWM Rules,
2016 for
discharge
Into public
sewers
4
9. M/s. - - - Closed -
Hospital,
No-117,
Kaling Marg,
Sector-4,
Vaishali,
Ghaziabad
10. M/s. 50 31.07.2023 31.07.2023 STP/ETP HCF is Bar Code facility
Hospital, Installed complying with not being used.
No-130, general standards
Kaling Marg, stipulated in
Sector-4, Schedule II of
Vaishali, BMWM Rules,
Ghaziabad 2016 for
discharge
into public sewers
HCF
11. M/s. 100 31.07.2023 31.07.2023 STP/ETP HCF is Bar Code facility
Clearmedi Installed complying with not being used.
Hospital general standards
Cancer stipulated in
Centre, HC- Schedule II of
1; Sector-15, BMWM Rules,
Vasundhara, 2016 for
Ghaziabad discharge
Into public
sewers
12. M/s. 50 31.07.2023 31.07.2023 ETP HCF is a. HCF should
Vasundhara installed complying with implement bar
Hospital, 5, general standards code system
NH- stipulated in for
1, Dr. Br Schedule 11 of
BMW.
Ambedkar BMWM Rules,
Road; 2016 for b. No record is
Near Ata I discharge provided by
Chowk, into public
HCF regarding
Sector-15, sewers
generation and
Vasundhara,
disposal of
Ghaziabad
BMW.
c. There was-no
provision given
for appropriate
category wise-
storage room.
Small area
below the floor
is treated as
storage area.
d. The hospital
not provided
appropriate
pre-treatment
facility for
laboratory
generated
liquid chemical
waste.
13. M/s. Shanti 100 31.07.2022 31.10.2022 STP HCF is a. HCF should
Gopal installed complying with implement bar
Hospital, general standards code system
Plot NO-NH- stipulated in as per BMW
01, Ahinsa Schedule II of Rules,
Jhand-02, BMWM Rules,
5
Indirapuram 2016 for discharge 2016.
Ghaziabad into public sewers
b. HCF have no
dedicated
common
storage room for
temporary
storage of BMW
Within
premises.
14. M/s. 310 31.12.2022 31.12.2022 ETP cum HCF is a. HCF should
Yashoda. STP complying with ensure bar code
Hospital, Installed general standards system as per
3rd, Nehru stipulated in BMW Rules,
Nagar Schedule .11 of 2016.
Stadium BMWM Rules, b. BMW should
Nehru 2016 for discharge be segregated
Nagar, into public sewers properly and
Ghaziabad training of staff
handling BMW
waste is required.
5. The report further mentions:-
"It has been brought up in the complaint that HCFs are operating without obtaining Environmental Clearance as stipulated under EIA Notification, 2006. It is submitted that besides M/s. Max Hospital none of the HCFs come under the purview of EIA Notification, 2006 and are thus not violating the conditions stipulated under EIA, 2006. AMong above mentioned HCFs, treatment plant was not found operational in 01 HCF (namely M/s. Atlanta Hospital, Plot No-NH-01, Sector-14, Vasundhara, Ghaziabad) and not installed 01 HCF (namely M/s. Santosh Medical College, 170, Sector-12, Block-1, Pratap Vihar, Ghaziabad). However, since all HCFs are in municipal limits and connected to terminal STPs. It has been observed that discharge was found to be complying with general standards stipulated in Schedule 11 of BMWM Rules, 2016 for discharge into public sewers by healthcare facilities. Also, Central Pollution Control Board, vide its letter number F. No. B-31011/BMW (27.10)/2021NVMD-1 dated 12.11.2021 has informed under Right to Information Act, 2005 that 'In case the waste effluent is connected with public sewer which leads to terminal STP, the hoalthcare facility does not require to install separate/individual ETP.' Besides this, 03 healthcare facilities, namely M/s. Atlanta Hospital, Plot No-NH-01, Sector-14, Vasundhara, Ghaziabad, M/s. Yashoda Hospital, 3rd, Nehru Nagar Stadium Nehru Nagar, Ghaziabad, M/s. Le Crest Hospital, Plot No-INS-13, Budh Chowk, Sector-4, Vasundhara, Ghaziabad were found to be non-complying with regards to collection and segregation of blo-medical waste. Further, M/s. Atlanta Hospital, Plot No-NH-01, Sector-14, Vasundhara, Ghaziabad and M/s. Santosh Medical College, 170, Sector-12, Block-1, Pratap Vihar, Ghaziabad are operating without obtaining statutory permission from Board. In view of above non- compliance, environmental compensation of Rs. 63,32,500/- has 6 been recommended against these 04 HCFs, Also, implementation of bar coding in health care facilities and submission of Annual Report as mandated in BMW Rules is still not being complied by most of the HCFs."
6. From the above, it is seen that the four facilities - M/s. Atlanta Hospital, M/s. Yashoda Hospital, M/s. Le Crest Hospital and M/s. Santosh Medical College are non-compliant with regard to collection of waste or with regard to statutory permission. Though it is stated that environmental compensation has been recommended, the compliance of norms needs to be ensured, apart from recovery of compensation for past violations.
7. Let the State PCB take further remedial action and file compliance report. It may also put the said Facilities to notice of these proceedings, to enable them to file compliance affidavits and to show-cause why action be not taken against them for the past violations.
List for further consideration on 06.09.2022. A copy of this order be forwarded to the State PCB by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 05, 2022 Original Application No. 334/2021 AB 7