National Green Tribunal
Vinod Kumar Bansal vs State Of Haryana on 6 April, 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. 612/2019
(With report dated 11.01.2022)
Vinod Kumar Bansal Applicant
Versus
State of Haryana Respondent
Date of hearing: 06.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent(s): 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 last considered on 16.04.2021 in the light of report of the District Municipal Commissioner, Sirsa dated 08.01.2021. The Tribunal found that Solid Waste Management Rules, 2016 were not being duly complied. Accordingly, directions were issued for taking steps for 1 compliance of the rules which was to be verified by a joint Committee of CPCB and State PCB.
3. In pursuance of above, further report has been filed by the joint Committee on 11.01.2022, apart from the report filed by the Municipal Council Mandi, Dabwali on 02.04.2022, giving the compliance status, action taken and recommendations as follows:
" Rule Particulars Compliance status No.
15. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations: -
15(a) Prepare a solid waste management The MC Dabwali has notified plan as per state policy and strategy on Solid Waste Management Bye- solid waste management within six laws (2019) as per the State months from the date of notification of Policy. The Bye-laws were state policy and strategy and also published in the News Paper submit a copy to respective for publicity. Annexure-1 departments of State Government or Union territory Administration or agency authorized by the State Government or Union territory Administration;
15 (b) Arrange for door to door collection of MC Dabwali has 21 number of segregated solid waste from all households wards with 24005 number of including slums and informal settlements, Household and has reported commercial institutional and other non generating approximated 28 MT of residential premises. From multi-storage waste per day. For door to door buildings, large commercial collection of segregated solid complexes, malls, housing complexes, waste 14 vehicles from these etc., this may be collected from the households including slums and entry gate or any other designated informal settlements, location commercial, institutional and other non-residential premises.
From multi-story buildings, large commercial complexes, malls, housing complexes, etc., and collected from the entry gate.
Copy of door to door collection, plan and agreement with third party; ward wise vehicle detail is attached.
15 (c) Establish a system to recognize Total 49 numbers of ragpickers organizations of waste pickers or are authorized by MC Dabwali informal waste collectors and promote to facilitate their participation in and establish a system for integration of SWM including door to door these authorized waste-pickers and collection of waste. Detail of waste collectors to facilitate their waste pickers with Identity participation in solid waste Card is attached. Annexure-3 management including door to door collection of waste;
15 (d) Facilitate formation of Self Help Groups, A total 50 people are engaged provide identity cards and thereafter in Self-help group i.e. RWAs by encourage integration in solid waste MC Dabwali to facilitate their management including door to door participation in SWM including 2 collection of waste; door to door collection of waste. Details of waste pickers are attached. Annexure-4 15(e) Frame bye-laws incorporating the As mentioned in 15 (a) provisions of these rules within one year from the date of notification of these rules and ensure timely implementation;
15(f) Prescribe from time to time user fee as The user fee is defined in Bye-
deemed appropriate and collect the fee laws. Total Rs. 11.19 Lakh has from the waste generators on its own been collected from waste or through authorized agency; generators from Dec 2020 to Sept 2021. The collection fees from the waste generator is done through No Dues Certificate (NDC) Portal. Details of fee collected are attached.Annexure-5.
15 (g) Direct waste generators not to litter i.e. The awareness and penal throw or dispose of any waste such as action mechanism is paper, water bottles, liquor bottles, soft developed. The mechanism is drink canes, tetra packs, fruit peel, also published in the wrappers, etc., or burn or burry waste newspapers for the publicity. on streets, open public spaces, drains, The Challans amounting Rs. waste bodies and to segregate the 3.71 Lakhs were issued in waste at source as prescribed under compliance of the rules. these rules and hand over the Annexure-6. segregated waste to authorized the waste pickers or waste collectors authorized by the local body;
15(h) Setup material recovery facilities or Two Material Recovery Facilities secondary storage facilities with (MRF) have been developed by sufficient space for sorting of recyclable MC Dabwali. The waste Pickers materials to enable informal or provided the easy access for authorized waste pickers and waste collection of recyclable material collectors to separate recyclables from such as Plastic and multilayered the waste and provide easy access to plastic (MLP). For disposal of waste pickers and recyclers for plastic waste and MLPs an collection of segregated recyclable agreement is done with waste such as paper, plastic, metal, glass, external vendor. The color textile from the source of generation or coded bins are also provided from material recovery facilities;/ work order and photos are Bins for storage of bio-degradable attached. Annexure - 7 wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black;
15(i) Establish waste deposition centers for A domestic hazardous Waste domestic hazardous waste and give Center is developed at one of the direction for waste generators MRF i.e. at Old MC Office to deposit domestic hazardous wastes at Mandi Dabwali. To facilitate door this centre for its safe disposal. Such to door collection of facility shall be established in a city or domestic hazardous waste, a town in a manner that one centre is set separate bin is also attached with up for the area of twenty square the waste collection vehicles, kilometers or part thereof and notify the being used for regular waste. timings of receiving domestic Annexure-8 hazardous waste at such centers;
315(j) Ensure safe storage and MC Dabwali is yet to make an transportation of the domestic agreement with CPCB/SPCB hazardous waste to the hazardous authorized agency for safe and waste disposal facility or as may be scientific disposal of domestic directed by the State Pollution Control hazardous waste.
Board or the Pollution Control
Committee;
15(k) Direct street sweepers not to burn The sweeper engaged in the solid
tree leaves collected from waste collection have been
street sweeping and store them informed and have organized
separately and handover to the waste training by the MC Dabwali,
collectors or agency authorized by local Annexure - 9
body;
15(l) Provide training on solid waste Training programs are organized
management to waste-pickers by the MC Dabwali for waste
and waste collectors; pickers and waste collectors
Annexure 10
15 (m) Collect waste from vegetable, fruit, At the time of inspection, the MC
flower, meat, poultry and fish market on Dabwali submitted that these
the day to day basis and promote setting wastes are collected from
up of decentralized compost plant or bio vegetable, fruit, flower, meat,
methanation plant at suitable locations in poultry and fish market on day to
the markets or in the vicinity of markets day basis and handed over to
ensuring hygienic conditions: Piggery farm.
Annexure-11
15 (n) Collect seperably waste from sweeping of The Committee was informed by
streets, lanes and by lanes daily or on MC Dabwali that the streets,
alternate days or twice a week depending roads, lanes and by lanes is
on the density of population, commercial swept twice a day and
activity and location situation. mechanical sweeping of streets,
lanes and by lanes is also carried
out in night. Annexure-12
15 (O) Set up covered secondary storage facility The waste so collected is being
for temporary storage of street sweeping sent to directly to the dumpsite
and slit remove from surface drains in on regular basis through vehicles.
cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected and disposed of at regular intervals as decided by the local body;
15(P) Collect horticulture, parks and garden The Committee was informed by waste seperaly and process in the parks MC Dabwali that the horticulture and gardens, as far as possible; waste is subject of compost through the pits provided in the garden Parks. Annexure 13 15 (q) Transport segregated bio-degredable MC Dabwali has developed two waste to the processing facilities like waste compost facilities for bio compost plant, bio-methanation plant or degredation waste. Annexure - any such facility. Preference shall be 14 given for onsite processing of such waste;
15 (r) Transport non bio-degredable waste to The bio-degredable waste is the respective processing facility or processes at MRF. material recovery facilities or secondary storage facility;
15 (t) Involve communities in waste As mentioned in para 15 (l)
management and promotion of home
composting, bio-gas generation,
decentralized processing of waste at community level subject to control of odor and maintenance of hygienic conditions around the facility 4 15 (u) Phase out the use of chemical fertilizer in As mentioned in 15 (p), they two years and use compost in all parks, have 5 parks and the horticulture gardens maintained by the local body and waste generated from each park wherever possible in other places under is composted in park itself and its jurisdiction. Incentives may be the compost generated is used as provided to recycling initiatives by manure. informal waste recycling sector 15 (v) Facilitate construction, operation and As given below;
maintenance of solid waste processing facilities and associated infrastructure on their own or with private sector participation or through any agency for optimum utlizaton of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control board. Preference shall be given to decentralized processing to minimize transportation cost and environmental impacts such as-
15 Bio-methanation, microbial composting, ----
(v) a. vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilization of biodegradable wastes;
15 Waste to energy processes including -----
(v) b. refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns;
15 (w) Undertake on their own or through MC Dabwali has no sanitary any other agencyconstruction, operation landfill for disposal of solid and maintenance of sanitary landfill waste. andassociated infrastructure as per Schedule 1 for disposal of residual The solid waste is processed wastes in a under these rules; at a site measuring area about 5 Acre out of which approximately 4 acres is already occupied with legacy waste and whereas about 1 acre is used for MRF.
15 (x) Make adeq u ate provision of fun ds A su m of fund Rs.
for capital investmen ts as well as 1 ,03 ,14,521/- is earmarked operation and maintenance of solid for sol id was te m an ag emen t was te m an ag emen t services in th e for the FY 2021-22. annual budget ensuring that funds for Annex ure 15 discretionary functions of the local body have been allocated only after meeting the requirement of necessary funds for solid waste managemen t and other obligatory functions of the local body as per these rules;
15 (y) Make an application in Form-I for Not Applied.
grant of authorization for setting waste processing, treatment disposalfacility, if the volume up or of waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution 5 Control Committee, as the case may be;
15 (z) Submit application for renewal of Not Applicable.
authorization at least sixty days before the expiry of the validity of authorization;
15 (z) a Prepare and submit annual report in Form Being complied with.
IV on or before the 30th April of the Annexure-16
succeeding year to the Commissioner
or Director, Municipal Administration or designated Officer;
15 (z) b The annual report shall then be sent to Being complied with.
the Secretary -in-Charge of the State Annexure-17 Urban Development Department or village panchayat or rural development department and to the respective State Pollution Control Board or Pollution Control Committee by the 31 st May of every year;
15 (z) c Educate workers including contract As mentioned in para 15 (t) workers and supervisors for door to door collection of segregated waste and tr ansporting the unmixed waste during primary and secondary tr ansportation to processing or disposal f acility;
15(z) Ensure that the operator of a facility Being followed. d provides personal protection equipment Annexure - 18 including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce;
1 5 (z) Ensure that provisions for setting up The committee was Informed e of centers for collection, segregation that MC Dabwali is in process of and storage of segregated wastes, implementing the provisions of are incorporated in building plan the said rules. while granting approval of building plan of a group housing society or market complex;
15 Frame bye-laws and prescribe criteria As mentioned in para no. 15 (a). (z)f for levying of spot fine for persons who litters or fails to comply with the provisions of these rules and delegate powers to officers or local bodies to levy spot fines as per the bye laws framed;
15 (z) g Create public awareness through The Awareness mechanism is information, education and communication developed for this. These campaign and educate the waste mechanisms are published in generators on the following; namely: - newspapers also for making the people aware about this
(i)not to litter; mechanism. Notices are issued to general public as
(ii)minimize generation of waste; well as to MC employees.
Annexure-19
(iii)reuse the waste to the extent possible;
(iv) pr ac ti ce seg reg ation of was te Into bio--degradable, non -biodegradable(recyclable combustible), sanitary waste and domestic hazardous wastes at source;'
(v) practice home composting, vermi-
6composting, bio-gas generation or community level composting
(vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste
(vii)storage of segregated waste at source in different bins;
(viii)handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and
(ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorized by the local body for sustainability of solid waste management.
15 (z) Stop land filling or dumping of mixed Not complied with. h waste soon after the timeline as specified In rule 22 for setting up and operationalization of sanitary landfill Is over;
15 Allow only the non-usable, non- Not complied with. (z)i recyclable, non-biodegradable, non- As mentioned above, no combustible and non-reactive inert sanitary landfill has been waste and pre-processing rejects and provided by MC Dabwali. residues from waste processing facilities However the waste to go to sanitary landfill and the generated including the sanitary landfill sites shall meet the legacy waste is being stored specifications as given in Schedule-I, and processed at a site however, every effort shall be made to which is not fully developed recycle or reuse the rejects to achieve in accordance to the the desired objective of zero waste going Schedule -I of the said to landfill; rules.
The committee has also
observed unsatisfactory
compliance of Schedule-II of
the said rules in particular to
compost and leachate
monitoring.
15 (z) j Investigate and analyze all old open The committee was informed by
dumpsites and existing operational MC Dabwali that about 30000
dumpsites for their potential of bio-mining MT of solid waste is
and bio-remediation and whereas over stored/dumped at the waste
feasible, take necessary actions to bio- processing facility.
mine or bio-remediate the sites;
15 In absence of the potential of bio-mining -----
(z)k and bio-remediation of dumpsite, it shall
be scientifically capped as per landfill capping norms to prevent further damage to the environment.
40. Action taken by HSPCB against no-compliance of MC Dabwali 7
1. The Haryana State Pollution Control Board is in the process of imposing an environmental compensation on MC Dabwali; to the tune of Rs. 13,05,85,2S0/-, for non compliance of Solid Waste Management Rules 2016.
2. In addition to (1) above, HSPCB has also initiated prosecution complaint under section 15 & 17 of Environment Protection Act 1986, against the MC Dabwali through the Executive Officer for non compliance of Solid Waste Management Rules 2016.
5.0 Recommendations:
The based on the aforesaid observations, committee made the following recommendations:
1. The MC Dabwali should ensure that the segregated waste which is collected from door to door should also be transported and treated separately for further processing.
The workers engaged for handling and management of the waste should be properly trained and their performance be accessed periodically by mechanism for the same.
2 The existing dumpsite which is also being used for processing of the waste should be discontinued in time bound manner following a development of suitable landfill facility in compliance with the provisions of the rules. The time bound action plan to this effect shall be submitted to HSPCB within two months.
3, Since, the existing dumpsite Is utilized for legacy waste processing, therefore it is recommended that the MC Dabwall should undertake construction of boundary wail, development of green belt, garland drain formation and leachate collection & treatment system.
4. The inert material generated from legacy waste processing should be disposed suitably in engineered landfill sites.
5, The domestic hazardous waste i.e. Plastic waste, Biomedical Waste, E-waste, used batteries etc. should be channelized to CPCB/SPCB authorized agencies for further processing. Similarly, the C&D waste should also be channelized for further processing,
6. MC Dabwali should also enhance the capacity of existing legacy waste processing plant for speedy disposal of the waste. Further MC Dabwali should strengthen the staff for effective operation of collection, transportation, treatment and disposal of waste for compliance of the said rules.
7. MC Dabwali should undertake the regular monitoring of compost and leachate for compliance of said rules. Further the analysis report of the same also be forwarded to HSPCB.
88. It is also recommended that the appropriate action may be initiated at state government level for management of solid waste using cluster approach for group of ULBs to facilitate the speedy and timely development and operation of engineered landfill sites."
4. The report has also been filed by the District Municipal Commissioner, Sirsa which stands covered by the report of the joint Committee.
5. The reports show that gap in generation and treatment of waste still exists adding to the legacy waste which has to be remedied.
6. In view of above, further action may be taken in terms of the recommendations of the joint Committee report and observations of this Tribunal which may be duly monitored by the statutory regulators in accordance with law.
The application is disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM April 06, 2022 Original Application No. 612/2019 DV 9