National Green Tribunal
Vinod Kumar Bansal vs State Of Haryana on 16 April, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 10 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 612/2019
(With report dated 08.01.2021)
Vinod Kumar Bansal Applicant
Versus
State of Haryana Respondent
Date of hearing: 16.04.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent: Mr. Rahul Khurana, Advocate for MC Dabwali & HSPCB
ORDER
1. The issue for consideration is the remedial action against unscientific handling of solid waste at Dabwali, District Sirsa, Haryana.
Vide order dated 13.08.2019, a factual and action taken report was sought from the Municipal Council, Dabwali and the Haryana State Pollution Control Board (HSPCB).
2. The matter was considered on 04.05.2020 in the light of report of the State PCB filed on 05.03.2020, acknowledging the failure of the Authorities in tackling the waste in spite of binding orders of the Hon'ble Supreme Court and this Tribunal. The Tribunal directed:
"6. In view of above, let further action be taken which may be monitored by the Chief Secretary, Haryana and the State PCB and a further action taken report filed by 15.07.2020 by e-mail at [email protected] specifically covering different components of Action Plan, time lines for implementation/execution, budgetary provisions, interim measures adopted for ensuring compliance to rules.1
List for further consideration on 28.07.2020.
A copy of this order be sent to the Chief Secretary Haryana by email."
3. The matter was last considered on 28.07.2020 as follows:-
"1&2...xxx.................................xxx....................................xxx
3. A further report has been filed on 15.07.2020 by the State of Haryana which does not show adequate progress in terms of the statutory Rules while some steps have been taken.
4. We grant last opportunity for remedial action failing which there will be no option left with the Tribunal except to take coercive measures in view of clear potential for damage to the environment, human life and health."
4. In view of the above, an affidavit has been filed by the Municipal Commissioner, Sirsa on 08.01.2021 giving the compliance status as follows:-
"Door To Door Collection
1. That it is most humbly submitted that the Municipal Council, Mandi Dabwali Town have an area of 12.08 Sq.Km. The Municipal Committee, Mandi Dabwali was upgraded by the Government vide notification no. 18/160/2014-3CI dated 04.03.2014 by including surrounding areas and nearby villages. The Municipal Council having population of 53,401 as per Sensex 2011. The Municipal Council has been divided in 21 wards. The Municipal Council, Mandi Dabwali have about 24,005 households and 11 number of commercial areas. The total solid waste generation in the town is 28 TPD.
2. That the present status of the Door to Door collection of the Solid Waste Management is 100%.
3. That the requisite and sufficient funds to carry out the work for the Solid Waste Management are available with the Municipal Council, Mandi Dabwali.
4. That the details pertaining to the Solid Waste Management System carried out by the Municipal Council, Mandi Dabwali have been achieved upto 100%. The copy of the details in this regard along with the picture photographs displaying the aforesaid submissions are annexed as Annexure A-1.
5. Source Segregation
6. That it is humbly submitted that as explained above, the work of source segregation could not be started by Municipal Council, Dabwali due to some Administrative as well as Technical issues upto December, 2019. But since in the beginning of 2020, the work of Source Segregation has been started by the Municipal Council, Dabwali by following the relevant norms and the work is 2 under progress. That all the 21 wards of Municipal Council, Mandi Dabwali has been covered under 100% Source Segregation and 100% household are being covered under source segregation by providing separate provision for collection segregated waste (wet waste, dry waste, domestic hazardous waste, bio-medical waste) IEC activities are carried out time to time to encourage residents for source segregation. In this work 16 no. of vehicles equipped with mechanism of separate collection of wet waste, dry waste, domestic hazardous waste and domestic bio-medical waste.
GAP : No Gap Fund requirement and availability of Funds: The requisite funds for this project are available in Municipal Council, Dabwali.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-2.
6. Status of Public Sweeping in Municipal Council, Mandi Dabwali In Municipal Council, Mandi Dabwali, presently 75 sweepers are working for sweeping work. The manual sweeping work is carried out 2 times daily. In addition to the above night sweeping of main roads is also carried out by Truck Mounted Mechanical road Sweeping Machine from the month of June-2020.This machine has Monitored GPS System and rotating Disks served as mechanical brooms that swept the dirt on the street or road about 30 K.M daily.
GAP : 100% achieved for daily sweeping. Hence there is no Gap.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-3.
Status of Wet Waste Processing :
The amount of solid waste generated by humans is 28 TPD. In which total Quantity of collected Dry waste is 16 TPD and total quantity of collected wet waste is 12 TPD. Technologies used for wet waste processing are pit composting and windrow composting. At present there are 20 compost pits have already been constructed by Municipal Council Dabwali for composting at Dump Site near Ram Bagh and for Horticulture Waste 10 number, compost pits have also been constructed in the Municipal Parks and Municipal Office. Apart of this, the Construction of 30 pits for wet waste processing at dump site was under progress but due to public dispute site has been changed and proposal through DMC Sirsa to W/Director vide their memo no. 2219/DMC dated 23-12-2020 attached as annexure A-3. A Proposal for door to door collection of segregated waste of MC Area and Wet and Dry Waste processing has been prepared and sent for approval to Director through DMC Sirsa vide their memo. No 1311/DMC dated 17-11-2020. annexure A-3 Funds are available in Municipal Council, Dabwali for this activity. (Attached Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-4.
8. Status of Dry Waste Processing /MRF Facility:3
Municipal Council has already established MRF Facility at Old Municipal Council office in March-2020. The dry waste is being segregated in different categories/fractions on the basis of their use as per norms. MC Dabwali has engaged an agency named Green Planet Waste Management Ltd. for collection, transportation and scientific disposal of dry waste including plastic waste non- recyclable, Multi-Layer Plastic, Dirty and Mix Plastic waste etc. Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-5.
9. Scientific Landfill :
The scientific landfill site will be developed on district level in Municipal Council, Sirsa under the cluster-based approach.
10. C&D Waste :
A separate Site has also been identified for collection of C&D waste in Uttam Nagar ward no 1, Municipal Council Dabwali. Total estimated generation of C&D waste in Municipal Council Dabwali is approximately 4-5 TPD.As per the Local conditions and behavior of general public, most of the C&D waste generated has been used as lean concrete in the construction activities and also used in filling of low lying areas. About 40 Ton C&D waste collected at identified site has been utilized at low laying area in Rumbaugh Ward no 4 MC Mandi Dabwali. At Present no C&D Waste is existing at identified site.
A Call centre/helpline no. 01668-222623 is also set up by MC Dabwali for public grievances regarding C&D waste. A common tender for all MCs in District Sirsa is being invited by MC Sirsa for hiring of agency for collection and processing of C&D waste.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-6.
11. Management of Plastic Waste: A special task force has been constituted by Municipal Council, Mandi Dabwali for checking of the use of banned plastic. Regular inspections are being carried out by the Task force and Municipal Council has also imposed 132 numbers of challans for using banned plastic and also recovered an amount of Rs. 2,03,500/- from dated 01-01-2019 to 31-12-2020. Further, for management of Plastic waste collected from the households, the MRF center has also been established by the Municipal Council, Mandi Dabwali where the segregation of different fractions on the basis of their use being done. The agency Green Planet Waste Management Pvt. Ltd., 506, Nipun Tower, Karkarduma Community Center Delhi has been engaged for collection and scientific disposal of dry waste including Plastic Waste, non recyclable multi layer plastic, dirty and mix plastic. All plastic waste will be scientifically disposed off by the agency engaged. Copies of latest Pictures, challan photographs and cutting of newspapers of Ground Status Report are annexed as Annexure A-7.
12. Bulk Waste Generators (BWGs):4
There are no such establishments in the limit of Municipal Council, Mandi Dabwali which generates the waste more than 50 KG. So, the waste from all the commercial establishments is being collected by the Municipal, Council, Mandi Dabwali.
14. Refuse Derived Fuel The MRF facility in Municipal Council, Mandi Dabwali is operational since December 2020 & approximate 5-6 Ton RDF has been recovered from the dry waste which is stored separately. The user of RDF are being identified by MC Dabwali. At present RDF is being disposed off partially as agency engaged for scientific disposal of plastic waste is also disposing non recyclable multi layer plastic.
15. Bio Remediation of legacy waste There is approximate 30684 Ton of legacy waste present at the existing dumping site of Municipal Council, Mandi Dabwali. The work order has been issued vide memo no. MCD/XEn/2020/1284 dated 04-11-2020 for the bioremediation of the legacy waste & work in progress. Annexure attached.
Preventing solid waste from entering into water bodies:-
It is pertinent to mention here that there is no open drain exist in the limit of Municipal Council, Mandi Dabwali.
Penalty provision :
A special task force has been constituted by Municipal Council, Mandi Dabwali for the regular inspection of the illegal garbage dumping, burning of waste & use of banned plastic. The detailed status in this regards is as under :-
SWM bye laws notified by the ULB Yes Spot fine provision described in swm bye laws for littering, garbage burning and non-compliance of SWM Yes rules as well as bye laws Penalty provision for non-compliance of C&D waste Yes management rules 2016 Penalty provision for de-sluding from tankers in open Yes Penalty space/water body 1 100% provision Panelty provision for violation of notification on single Yes use plastic and plastic less than <50 micron thickness Total challans issued for non-compliance of plastic waste/ban single use plastic (from 1.1.2019 to 132 30.6.2020) Total amount collected against challans issued for non-
compliance of plastic waste/ban single use plastic 203500 (from 1.1.2019 to 30.6.2020) Notification of Bye Laws :
Bye Laws have already been notified by Municipal Council, Mandi Dabwali.5
Citizen Grievance Redressal :
Swachhta App promotion done in the ULB Yes
Citizen Total no. of complaints received as on
45
1 Grievance 100% 31.12.2020
Redressal
Total no. of complaints resolved as on
45
31.12.2020
Monitoring of Mechanism :
National MIS portal (swachhbharaturban.gov.in) updated by
Monitoring
100% updated by ULB on monthly basis before 5th Yes time to
mechanism
day of each month. time
That even after arranging the aforesaid mechanism to carried out the Solid Waste Management in the Municipal Council, Mandi Dabwali several discussions are being hold with the concerned Higher Officers concerning to the project at the headquarter for the smooth functioning of Solid Waste Management System and Management of Door to Door Source Segregation.
That however, the work of appropriate management of Waste Management System and Management of Door to Door Source Segregation was sometime slow due to the impact of Covid-19. However, the Municipal authorities have tried its best for the smooth functioning of this Solid Waste Management Project without any hindrance. It is also relevant to mention here that the present issue is also one of the part of the management of the present circumstances but the answering applicant could not draw the requisite attention for the implementation of aforesaid direction of this Hon'ble National Green Tribunal. Because the State Government has declared the Urban Local Bodies as a Department of Essential Services.That inspite of the aforesaid circumstances the answering applicant made best efforts by keeping in view all the aspects leading to the management of legacy waste remediations in the Municipal area of Mandi Dabwali for the smooth functioning of Solid Waste Management System and Management of Door to Door Source Segregation."
5. From the above, it is seen that the Solid Waste Management Rules, 2016 continue to be violated. There is non - compliance in terms of Waste Processing and Bio-mining. There appears to be mismatch of wet and dry waste and the methods adopted. There is no mention of time schedule for completing bio-mining. As per Rules, common 6 facility needs not to be set up. There has to be waste processing and MRF. There is no affirmative timeline to complete such facility.
6. Vide order dated 28.02.2020 in O.A. No. 606/2018, directions in the said order are as follows:-
"1to40...xxx..............................xxx...................................xxx
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 17.07.2019 in O.A. No. 519/2019 para 281 even 1 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 7 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:
reason why the same should not happen earlier, in view of serious implications on the environment and public health.8
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."
7. Vide order dated 14.12.2020 in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, further direction issued is as follows:-
"1to8...xxx.........................xxx............................................xxx
9. The compensation in terms of earlier order be recovered and credited to a separate account with the Environment 9 Department of the States/UTs to be used for restoration of environment in the concerned States/UTs. The deposit, instead of being made with the CPCB, may now be made to the said account."
8. Accordingly, let further steps be taken in the matter and further compliance report filed before the next date. A Joint Committee of CPCB and HSPCB may verify the facts. HSPCB will be the nodal agency for coordination and compliance. The report be filed by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List for further consideration on 06.08.2021.
A copy of this order be forwarded to the Chief Secretary, Haryana, CPCB and State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM April 16, 2021 Original Application No. 612/2019 A 10