National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 22 June, 2020
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 60/2019 (WZ)
Ganesh Dadarao Anasane Applicant(s)
Versus
Amravati Municipal Corporation & Ors. Respondent(s)
Date of hearing: 22.06.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s) : Mr. Ganesh Dadarao Anasane,
Applicant in person
For Respondent(s) : Mr. Amol S. Patayeet, Advocate and
Mr. Amit Lanke, Advocate for AMC
Ms. Manasi Joshi, Advocate
ORDER
1. The compliance of the direction with regard to solid waste management was raised in this application and a report was called from Municipal Corporation, Amrawati, Maharashtra vide order dated 22.01.2020 of this Tribunal. In compliance thereof, the Law Officer of Municipal Corporation, Amrawati, Maharashtra has submitted an affidavit with following facts:
"
A) Compliance status of bioremediation and bio mining of legacy waste:
Compliance status of implemented bioremediation and bio mining processing of legacy waste at Sukhali Compost Depot.
Action/ component Reclamation of 40% of the ear mark area of legacy waste mentioned in sanctioned DPR is completed as per action plan but due to declaration of Corona Iockdown, said work is stopped and it will be resumed immediately after determination of the aforesaid lockdown.
B) Compliance status of processing, treatment and disposal facility:1
Processing, treatment facilities are being established at following three locations (Total capacity of 350 TDP):
1. Sukhali Compost Depot- Processing, treatment and SLF. Capacity of plant is 200 TPD.
2. Akoli Ring road site- Processing, treatment. Capacity of plant is 100 TPD.
3. Kondeshwar site- Processing, treatment. Capacity of plant is 50 TPD.
Compliance status of above three sites is as under:
1. Compliance status of processing, treatment and disposal facility at Sukhali compost depot (Capacity-200 TPD).
Compliance status of implementation of processing, treatment (200 TPD capacity) and disposal facility at Sukhali Compost Depot is as under.
Action/component 70 % ear mark land is required, to commence construction of Civil works. 40 % ear mark land is reclaimed till 19th March 2020 as per sanctioned DPR and 80% ear mark land will be reclaimed upto 31st May 2020 as per action plan, therefore no substantial civil work is done and it will be commenced after reclaimation of 70% area of legacy waste.
2. Compliance status of processing, treatment and disposal facility at Akoli Ring road (Capacity-100 TPD).
Compliance status of implementation of processing, treatment (100 TPD capacity) and disposal facility at Akoli Ring road.
Sr. Action/component
No.
1. The expected date of receipt of authorization from MPCB was 15th Feb 2020, which was actually received on 11th March 2020.
2. As per action plan civil work is commenced and around 5 % of Civil work is completed.
3. Compliance status of processing, treatment and disposal facility at Kondeshwar site (Capacity 50 TPD).
Following table provides the Compliance status of implementation of processing, treatment (50 TPD capacity) and disposal facility at Kondeshwar site.
Sr. No. Action/component
1. The expected date of receipt of authorization from MPCB was 15th Feb 2020, which was 2 actually received on 11th March 2020.
2. AMC commenced construction of Civil works as per action plan but no substantial work is done due to declaration of Corona lockdown and it will be resumed immediately after determination of lockdown.
"
2. The perusal of the report reveals that no action has been taken by the authorities concerned and still they had taken the shelter of lockdown due to COVID-19. The facts as narrated in compliance of point A, the disposal of legacy waste has not been started till date. Similarly, at all the places which are mentioned in the affidavit, the process of the disposal of solid waste has not been initiated. The matter has been dealt with by Principal Bench of this Tribunal in Original Application No. 606 of 2018 and while passing order several directions had been issued vide order dated 10.01.2020 which is quoted as below:
"3. The matter was earlier considered by the Hon'ble Supreme Court inter-alia vide judgments reported in (2000) 2 SCC 679 and (2004) 13 SCC 538 directing scientific disposal of waste by setting up of compost plants, preventing water percolation through heaps of garbage, creating focused 'solid waste management cells' in all States and complying with the Municipal Solid Waste Management Rules, 2016 (SWM Rules, 2016) on urgent basis. It was observed that the local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non-accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner contribute heavily to the problem of solid waste. The number of slums have multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers. Instead of "slum clearance" there is "slum creation" in cities which is further aggravating the problem of domestic waste being strewn in the open. Accordingly, the Court directed that provisions pertaining to sanitation and public health be complied with, streets and public premises be cleaned daily, statutory authorities levy and recover charges from any person violating laws and ensure scientific disposal of waste, landfill sites be identified keeping in mind requirement of the city for next 20 years and environmental considerations, sites be identified for setting up of compost plants, steps be taken to prevent fresh encroachments and compliance report be submitted within eight weeks.
34. Further observations in the judgment of the Hon'ble Supreme Court are:
"3. The petitioner has handed over a note in the Court showing the progress that has been made in some of the States and also setting out some of the suggestions, including the suggestion for creation of solid waste management cell, so as to put a focus on the issue and also to provide incentives to those who perform well as was tried in some of the States. The said note states as under:
"1. As a result of the Hon'ble Supreme Court's orders on 26- 7-2004, in Maharashtra the number of authorisations granted for solid waste management (SWM) has increased from 32% to 98%, in Gujarat from 58% to 92% and in M.P. from NIL to 34%. No affidavits at all have been received from the 24 other States/UTs for which CPCB reported NIL or less than 3% authorisations in February 2004. All these States and their SPCBs can study and learn from Karnataka, Maharashtra and Gujarat's successes.
2. All States/UTs and their SPCBs/PCCs have totally ignored the improvement of existing open dumps, due by 31-12-2001, let alone identifying and monitoring the existing sites. Simple steps can be taken immediately at almost no cost by every single ULB to prevent monsoon water percolation through the heaps, which produces highly polluting black run-off (leachate). Waste heaps can be made convex to eliminate standing water, upslope diversion drains can prevent water inflow, downslope diversion drains can capture leachate for recirculation onto the heaps, and disused heaps can be given soil cover for vegetative healing.
3. Lack of funds is no excuse for inaction. Smaller towns in every State should go and learn from Suryapet in A.P. (population 103,000) and Namakkal in T.N. (population 53,000) which have both seen dustbin-free 'zero garbage towns' complying with the MSW Rules since 2003 with no financial input from the State or the Centre, just good management and a sense of commitment.
4. States seem to use the Rules as an excuse to milk funds from the Centre, by making that a precondition for action and inflating waste processing costs 2-3 fold. The Supreme Court Committee recommended 1/3 contribution each from the city, State and Centre. Before seeking 70- 80% Centre's contribution, every State should first ensure that each city first spends its own share to immediately make its wastes non-polluting by simple sanitising/stabilising, which is always the first step in composting viz. inoculate the waste with cow dung solution or bio culture and placing 4 it in windrows (long heaps) which are turned at least once or twice over a period of 45 to 60 days.
5. Unless each State creates a focussed 'solid waste management cell' and rewards its cities for good performance, both of which Maharashtra has done, compliance with the MSW Rules seems to be an illusion.
6. The admitted position is that the MSW Rules have not been complied with even after four years. None of the functionaries have bothered or discharged their duties to ensure compliance. Even existing dumps have not been improved. Thus deeper thought and urgent and immediate action is necessary to ensure compliance in future."
5. In this regard, reference may also be made to orders of Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand1 and B.L. Wadhera v. Union of India and Ors.2 laying down that clean environment is fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
6. The Hon'ble Supreme Court also dealt with the issue of liquid waste management and after issuing requisite directions, required this Tribunal to monitor the compliance. Directions of the Hon'ble Supreme Court include steps for liquid waste management by setting up requisite treatment plants for which funds are to be generated by the local bodies and the States as per constitutional provisions.3 1 (1980) 4 SCC 162 2 (1996) 2 SCC 594 3 "10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243- Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
57. This Tribunal considered the matter of solid waste management after notifying all the concerned States/Regulatory Bodies and finally disposed of the same on 22.12.20164 requiring all the States/UTs to follow the SWM Rules, 2016 after preparing requisite action plans in a time bound manner with further direction that any State/UT which failed to comply with the Rules shall be liable to be proceeded against under Section 15 of the Environment (Protection) Act, 1986 (EP Act), apart from being required to pay environmental compensation and senior most officers of the States/Local Bodies being personally liable. The directions also include requirement for segregation of waste, providing buffer zone around plants and landfill sites and due monitoring. The States/Local Bodies were also to create market for consumption of RDF. Tipping fee was to include the efficient and regular monitoring of waste processing plant, segregation of inert and C&D material and its transportation. Landfill sites were required to be bio- stabilized preventing leachate and generation of Methane, enforcement of Extended Producer Responsibility, rights and liabilities under contracts being made consistent with the Rules, creating public awareness about the facilities available at regular intervals. Copy of the judgment was circulated to all the Chief Secretaries/ Advisors of States/UTs.
8. to 11. xxx xxx xxx
12. Vide order dated 16.01.2019, after noticing that statutory timelines under Rule 22 had expired for various steps and failure of the statutory authorities was punishable criminal offence under the provisions of the EP Act as well as under the provisions of the National Green Tribunal Act, 2010 (NGT Act), this Tribunal required presence of Chief Secretaries of all States/UTs. The timelines in the said Rule are as follows:
" Sl. Activity Time limit
No. from the date
of notification
of rules
(1) (2) (3)
1. Identification of suitable sites for setting up 1 year
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. .... The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters."
4O.A. No. 199/2014 (2016) SCC Online NGT 2981 6 solid waste processing facilities.
2. Identification of suitable sites for setting up 1 year common regional sanitary landfill facilities for suitable clusters of local authorities under 0.5 million population and for setting up common regional sanitary landfill facilities or stand alone sanitary landfill facilities by all local authorities having a population of 0.5 million or more.
3. Procurement of suitable sites for setting up 2 years solid waste processing facility and sanitary landfill facilities.
4. Enforcing waste generators to practice 2 years segregation of bio degradable, recyclable, combustible, sanitary waste domestic hazardous and inert solid wastes at source.
5. Ensure door to door collection of segregated 2 years waste and its transportation in covered vehicles to processing or disposal facilities.
6. ensure separate storage, collection and 2 years transportation of construction and demolition wastes.
7. setting up solid waste processing facilities by all 2 years Local Bodies having 100000 or more population.
8. Setting up solid waste processing facilities by Local 3 years Bodies and census towns below 100000 population.
9. setting up common or stand alone sanitary 3 years landfills by or for all Local Bodies having 0.5 million or more population for the disposal of only such residual wastes from the processing facilities as well as untreatable inert wastes as permitted under the Rules.
10. setting up common or regional sanitary 3 years landfills by 3 years all Local Bodies and census towns under 0.5 million population for the disposal of permitted waste under the rules.
11. bio-remediation or capping of old and 5 years "
abandoned dump sites.7
13. It was noted that apart from failure of solid waste management, there was also failure of liquid waste management. Such failure had resulted in 351 identified polluted river stretches, 102 (now 122) non-attainment cities in terms of air quality, 100 polluted industrial clusters and other serious environmental consequences, threatening life and health of citizens, water and air quality and the climate. The Chief Secretaries of all States/UTs were required to acquaint themselves with specific issues mentioned in the said order and coordinate with all the concerned authorities in their respective States/UTs and appear before this Tribunal with their respective status reports. Other directions included constitution of special task force in each district for awareness by involving educational, religious and social organizations, including local Eco-clubs.
14. The issues specified were as follows:
"a. Status of compliance of SWM Rule, 2016, Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016 in their respective areas.
b. Status of functioning of Committees constituted by this order.
c. Status of the Action Plan in compliance vide order dated 20.09.2018 in the News Item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB (Original Application No. 673/2018).
d. Status of functioning of Committees constituted in News Item Published in "The Times of India' Authored by Shri Vishwa Mohan Titled "NCAP with Multiple timelines to Clear Air in 102 Cities to be released around August 15" dated 08.10.2018 (O.A. No. 681/2018).
e. Status of Action Plan with regard to identification of polluted industrial clusters in O.A. No. 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels" dated 13.12.2018.
f. Status of the work in compliance of the directions passed in O.A. No. 173 of 2018, Sudarsan Das v. State of West Bengal & Ors. Order dated 04.09.2018.
g. Total amount collected from erring industries on the basis of 'Polluter Pays' principle, 'Precautionary principle' and details of utilization of funds collected.
h. Status of the identification and development of Model Cities and Towns in the State in the first phase which can be replicated later for other cities and towns of the State."
xxx xxx xxx
8
Directions:
"45. In view of above, after discussion with the Chief Secretary, following further directions are issued:
i. Apart from three towns said to have been notified as proposed models for compliance of Environmental norms, atleast three villages in every District of the State may be notified on the website of the State within two weeks from today which will be made fully compliant with environmental norms within the next six months. Remaining cities, towns and villages of the State may be made fully compliant in respect of environmental norms within one year.
ii. A quarterly report be furnished by the Chief Secretary, every three months. First such report shall be furnished by October, 10, 2019.
iii. The Chief Secretary may personally monitor the progress, atleast once in a month, with all the District Magistrates.
iv. The District Magistrates may monitor the status of compliance of environmental norms, atleast once in two weeks.
v. The District Magistrates or other Officers may be imparted requisite training.
vi. Estimate of value of environmental degradation and cost of restoration be prepared and compensation be planned and recovered from polluters for environmental restoration and restitution on that basis. vii. Performance audit of functioning of all regulatory bodies may be got conducted and remedial measures be taken, within six months.
viii. Introduction of a policy of giving ranking, based on performance on the subject of environment and giving of rewards or other incentives on that basis to individual areas, localities, institutions or individuals may be considered. This may also include encouraging students or other citizens significantly contributing to the cause of environment. The best practices may be evolved, if necessary, in the light of experiences on the subject. This may help in educating and involving public at large which may help in enhancing of environmental laws. ix. The Chief Secretary may remain present in person before the Tribunal with the status of compliance in respect of various issues mentioned in para 22 as well as any other issues discussed in the above order on 10.02.2020 at
2.p.m. It is made clear that Chief Secretary may not delegate the above function and the further requirement of appearance before this Tribunal to anyone else. However, it will be open to him to change the date, by advance intimation by e-mail at [email protected] to adjust their convenience.
A copy of the compliance report furnished by the Chief Secretary be sent to CPCB as already directed vide order dated 24.04.2019 for the State of Karnataka (supra)."9
xxx xxx xxx
21. The status report dated 27.12.2019 with reference to the above thematic areas was considered on 07.01.2020 and it was observed:
"12. The reports give information about States who have given some information but the nature and extent of information which was required has not been furnished. Available information with regard to sewage generation and treatment shows huge gap. Grading made by the CPCB into 'good', 'average', 'poor' and 'no information' is not based on any qualitative analysis but extent of information furnished.
Instead, what is least expected is information on:
(i) solid waste management, including remediation of legacy waste in terms of earlier orders of this Tribunal,
(ii) sewage treatment and restoration of 351 polluted river stretches and
(iii) air quality management in 102 (122) non-attainment cities.
With respect to serial no. (i), the information is required with regard to the quantity of MSW generated, segregated and treated; gaps in the waste processing in terms of generation and treatment and enforcement of statutory timelines and orders of this Tribunal for bridging the gap; number of sites, and quantity of legacy waste therein and timelines for its remediation.
With respect to serial no. (ii), quantity of sewage generated and treated in the State, gap in the sewage treatment and timelines to bridge the gap including strategy for use of treated water for secondary purpose. Further, with regard to restoration of 351 polluted river stretches, the States need to furnish information about the compliance of directions including in-situ and ex-situ remediation by way of phyto-remediation/artificial wetlands, bio-diversity parks or any other appropriate measure to supplement load reduction on recipient river systems.
With respect to serial no. (iii), the Chief Secretaries need to monitor and compile information on the subject of execution of action plans for containment of air pollution in terms of orders of this Tribunal and furnish the quantifiable progress/achievement to the CPCB.
13. In view of above, CPCB needs to redesign formats and secure relevant quantifiable information from the Chief Secretaries under different heads so that the Chief Secretaries are able to respond to the Tribunal on their appearance as per schedule of appearance already notified. Chairman and Member Secretary, CPCB may remain present on the dates of appearance of Chief Secretaries with relevant data.
14. The regime of compensation in terms of earlier directions will be considered after interaction with the Chief Secretaries."
1022. The Hon'ble Supreme Court vide order dated 25.11.2019 5 while dealing with the pollution in Delhi and NCR held:
"4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the pending case of water management with this matter.
10. As we have noted that from last several years, the position of air pollution is worsening in spite of various orders passed by this Court. The reports and the scientific data indicating that large section of people are suffering from the dreaded diseases due to such air pollution such as Cancer, Asthma and various other diseases. Life span is adversely affected. Time has come that the various States recognise right to life is important right. Human life and health have been put in danger. In such scenario, why they should not be required to pay compensation to such persons who are being affected by inadequate arrangement to check the air pollution, non-lifting of garbage, waste which add ultimately to the pollution.
11. In this case we find that Delhi is lacking the capacity to the extent of 45% to even clean the garbage/waste which is being generated. Similar is the situation in various other places. We take note of the situation which is alarming and time has come to remind the State machineries as to their duties as all of us are meant to serve the people of this great country. Our Constitution has envisaged certain Directive Principles as they are more important rights at the discretion of the Government. The Courts are not to interfere in that, but dereliction cannot be to the extent that the very right to life is endangered by the inaction.
13. Not only the basic Fundamental Rights are being ignored with respect to air and water, problem of governance are being projected, which cannot come into the way of the basic Fundamental Rights which a human enjoys, much less to talk of the Fundamental Duties and Directive Principles contained in the State policy which have already found statutory expression in the form of Municipal laws, Prevention of Air Pollution and Water Acts and various schemes framed by the Central Government and State Governments, but we see neither the air quality has improved nor the water quality in several States, not to talk of Delhi only. We have called for the report from Delhi Government where the reports indicate that the 5 Writ Petition(s)(Civil) No(s). 13029/1985, M.C. Mehta Vs. Union of India & Ors.11
contaminated water is being supplied and also from Bureau of Indian Standards to submit report in this regard.
15. At the same time, as we find that in spite of various orders passed by this Court, we are not able to improve the situation of air quality which we can see at least in Delhi and NCR with certainty. Time has come to require the State Governments to explain why they should not be asked to compensate the persons who are being affected by bad air quality. Obviously, the State is run by the administration, why liability should not be imposed for such a tort on the concerned machinery also of the various States which are failing to discharge their basic duties. This Court in Municipal Council, Ratlam Vs. Vardhichand & Ors., reported in (1980) 4 SCC 162 has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life. We have seen during the course of the arguments that one State is passing the burden upon the Centre and then it is stated on behalf of the Central Government that they have framed scheme and it for the State Governments to implement it. We expect not only the 'policy making' but also its 'implementation'. Let the States of Punjab, Haryana, Uttar Pradesh and the Government of NCT of Delhi respond, due to the air pollution, why the concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate the citizens of Delhi and adjoining areas for various diseases which are being caused and sufferings and troubles which are being faced and the report indicates the life span is being shortened. Let show cause notice be issued to the various State Governments, and to the Chief Secretaries, to submit reply within six weeks. Let the matter be listed for consideration on 17.01.2020. The Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi be personally present on that date."
23. Again, in the above matter, the Hon'ble Supreme Court vide order dated 13.01.2020 observed:
"56 (F). With respect to waste burning compliance of Solid Waste Management Rules, 2016 is necessary. The waste segregation and management is required, what are the existing facilities and deficit requirements have to be met by the Government of NCT of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab.
57. (xviii). Let the Government of NCT of Delhi work out the details with respect to 45% deficit capacity to lift the garbage and waste as there is only 55% capacity available with respect to garbage and waste generated in Delhi. Let it work out at a comprehensive plan within three months to have full (100%) capacity to deal with garbage and wastes and place it before this Court, including the implements, tools, manpower and the expenditure required in that connection.12
(xxi). We direct the various State Governments through Chief Secretaries to inform this Court about the measures taken by them with respect to pouring of sewage and untreated industrial effluents in various rivers and the plan prepared by them and arrangement of funds made by them for the purpose of sewage treatment plants and existing facilities and requirements be pointed out within eight weeks.
(xxii). Let the Government of NCT of Delhi and Governments of Punjab, Haryana and UP show cause why they should not be saddled with the compensation for failure of their machinery and the concerned authorities in taking appropriate steps to prevent stubble burning and other pollution being caused."
24. to 26. xxx xxx xxx
27. All the States/UTs were directed by this Tribunal to commence remediation of legacy waste sites by 01.11.20196. The Tribunal observed:
"28. ......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 health7."
"30. Needless to say that potential hazard of dumpsites on public health and environment is more or less on the same pattern and earliest such dumpsites are cleared, sooner it is better for public health. Such dumpsites are undoubted source of air pollution resulting in respiratory and other diseases. Most vulnerable are the infants and the senior citizens. The right to breathe fresh air being part of right to life, delay in remedying the situation is not desirable. The plea of capping is being put forward on the ground of need for urgent remedial action, ignoring that doing so will perpetuate the adverse consequences of retaining non- biodegradable and other polluting components in the 6 Order dated 17.07.2019 O.A. No. 519/2019 Para 28 7
(a) What a Waste 2.0, Global Snapshot of Solid Waste Management to 2050, World Bank Group, ISBN (paper): 978-1-4648-1329-0, 2018 International Bank for Reconstruction and Development / The World Bank, http://datatopics.worldbank.org/what-a-waste/. The report states- When waste is burned, the resulting toxins and particulate matter in the air can cause respiratory and neurological diseases, among others (Thompson 2014). Piles of waste produce toxic liquid runoff called leachate, which can drain into rivers, groundwater, and soil. Organic waste entering waterways reduces the amount of oxygen available and promotes the growth of harmful organisms (Bhada-Tata and Hoornweg 2016). Marine pollution is also increasing as a result of mismanaged solid waste on land, poor disposal practices by sea vessels, and runoff from sewage and polluted streams.
(b)https://www.epw.in/engage/article/institutional-framework-implementing-solid-wastemanagement-
india-macro-analysis Several studies have been published that link asthma, heart attack, and emphysema to burning garbage. Human faecal matter is also frequently found in municipal waste--this, along with unmanaged decomposed garbage, attracts other rodents, that further lead to a spread of diseases such as dengue and malaria. Leachate from rotten garbage contains heavy metals and toxic liquid; with such emissions ending up either absorbed into the soil or flowing into water bodies today (Awasthi 2013), the entire food chain can be affected when this contaminated water is utilised for agriculture, human consumption and animal consumption.
13garbage eventually causing continuous damage to the soil and the ground water. Biological solutions have to be preferred over engineering solutions on the subject. However action has to be taken fast. Delay which has taken place so far is on account of inaction of the concerned authorities for which there is no justification.
31. It will also be appropriate to note that the scheme of the SWM Rules is to prevent collection of waste and instead, to ensure its segregation, treatment and disposal at the earliest and as far as possible at the source itself. If it is not done, the waste continues to be accumulated which becomes a challenge for the environment and public health. In this regard particular reference may be made to Rule 15 (zi). The authorities need to evolve a holistic strategy for integrated waste management in the municipal planning which may result in 'zero waste' going to the landfill in terms of the said rules8.
35. A copy of this order be sent to CPCB, all the Chief Secretaries, the MoEF&CC and MoHUA."
28. The issue of solid and liquid waste needs to be taken seriously. We have already mentioned the available statistics on the subject. It is a matter of serious concern that legacy waste remediation has not even commenced at most of the sites even though statutory rules contemplate outer limit for completion of such remediation by 07.04.2021. Current processing of the waste generated and collected is also not taking place on regular basis. For any person travelling by train, hot spots of scattered garbage and overflowing sewage are common sights. Satisfactory sewage management also remains far cry. This unsatisfactory state of affairs must be remedied at the earliest and in a time bound manner by initiative at the highest level. Accountability needs to be fixed and consequences for failure clearly provided and enforced.
29. to 30. xxx xxx xxx
31. As regards sewage management, there is huge gap in generation and treatment capacity which needs to be remedied in terms of directions already issued by this Tribunal. Longer timelines proposed need to be revised so as to be consistent with the directions of this Tribunal which are already in force. Untreated waste water and raw sewage is being continuously discharged in water bodies. There seems to be no synergy between work of laying of sewerage networks and setting up of STPs. Neither there is any interim plan to reduce pollution load on recipient river systems by way of phyto- remediation/bio-remediation of any other alternative low capital intensive natural remediation processes nor have the authorities 8 Reference may also be made to- Suggestive /Indicative "The National Action Plan for Municipal Solid Waste Management", Central Pollution Control Board, https://cpcb.nic.in/uploads/MSW/Action_plan.pdf.
14successfully tapped the sewage containing storm water drain so as to channelize the untreated sewage to central STP as completion work of sewerage network has not even commenced. As already directed, atleast phytoremediation/bio-remediation or other such remediation must commence at or nearest the source of generation as a supplement to setting up of STPs as an interim measure to reduce the load of pollution on recipient water bodies before 31.03.2020. Setting up of STPs must also commence before the said date so as to complete the same by 31.03.2021. In this regard, compensation regime has already been laid down which has to be strictly followed. In short, the States may take earlier steps to adhere to the following timelines:
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.
32. The Chief Secretaries must ensure adverse entries in the service records of erring officers in respect of liquid waste management atleast from 01.04.2020.
Likewise, remediation work of legacy dump sites must commence at the earliest and adverse entries in ACRs of concerned officers if the remediation does not commence by 31.03.2020 which may be ensured by the Chief Secretaries.
To save time, standard specifications and service providers must be notified by the Chief Secretaries on the websites of the States within one month from today. The Chief Secretaries may take such opinion as may be necessary for the purpose.
Compliance reports may be filed quarterly and first such report may be filed by 31.03.2020 with a copy to the CPCB. CPCB may furnish gap analysis report.
33. to 35. xxx xxx xxx
36. We accordingly direct:
15a. 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, 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.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 289 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. 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.
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 9 The 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.
16thematic 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 31 above will result in liability to pay compensation as already noted above.
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.
The Chief Secretaries of UP, Punjab and UT Chandigarh may remain present in person for further review tentatively on 24.08.2020.
A copy of this order be sent to Chief Secretaries of UP, Punjab and UT Chandigarh, CPCB and Chairman of Committee constituted by this Tribunal in States of UP, Punjab and UT Chandigarh by e-mail. CPCB may put all Local Bodies and other concerned Departments of all the States in the country to notice for compliance."
3. The report as submitted on behalf of Municipal Corporation Amravati reveals that actually no compliance of rule has been done. The Executive Authorities are there to maintain law and order. Law as pronounced by the Legislature was not complied with and after that the orders of the Tribunal in compliance of the enactment and the rules made by the Legislature were notified and communicated in terms of penalty also that has not been implemented. In this way, law and order both are not being executed by the authorities to whom public duties are being entrusted.
We take note of the situation which is alarming and time has come to remind the state machineries as to their duties as all of us are need to 17 serve the people of this great country. Potential hazard of dump sites on public health and environment is more or less on the same pattern and earliest such dump sites are cleared, sooner it is better for public health.
Such dump sites undoubted sources of air pollution resulting in respiratory and other diseases. Most vulnerable are the infants and the senior citizens. The right of breath fresh air being part of right to life, delay in remedying the situation is not desirable. The situation as explained by the Law Officer is unsatisfactory and must be reminded at the earliest and in a time bound manner by initiative the highest level.
Accountability needs to be fixed and consequences for failure clearly provided and enforced. Since timeline had already been provided by the Principal Bench of this Tribunal where in para 36 a and b, there is direction for penalty or Environmental Compensation (EC) based on the 'Polluter Pays' principle, the Maharashtra State Pollution Control Board (MSPCB) is directed to calculate and realise the EC in accordance with the directions given in para 36 a and b of the aforesaid order. The respondent Amravati MC is directed to comply and execute the order within one month.
4. MSPCB is directed to submit further factual and action taken report within two months. Let the report in the matter be filed by Maharashtra State PCB by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
5. List it on 22.09.2020.
Sheo Kumar Singh, JM Siddhanta Das, EM June 22, 2020 Original Application No. 60/2019 (WZ) R 18