National Green Tribunal
Mukul Kumar vs State Of Uttar Pradesh on 23 January, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
M.A. No. 98/2022
IN
Original Application No. 180/2021
Mukul Kumar Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 23.01.2023
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
Respondent(s): Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. The issue for consideration is remedial action against non compliance of Bio-Medical Waste (BMW) Rules, 2016 which includes the issue of compliance of Guidelines for handling and treatment and disposal of waste generated during treatment/diagnosis/quarantine of Covid-19 patients which was more prominent during Covid.
2. The matter was exhaustively dealt with and disposed of vide order dated 07.01.2022 with detailed directions, including a direction for compiling a report at National level based on reports received from the States, which in turn were to be based on reports received from the districts.
3. The matter has been put up today to consider the report filed by MoEF&CC on 13.09.2022 about compliance status.
14. To consider the same, we may make brief reference to order dated 07.01.2022. The matter considered therein involved allegation of following violations:
Dumping of Covid-19 waste in open areas inside the hospitals.
Stray animals scattering such waste all around.
Burning of waste leading to breathing problem in the patients.
Unscientific collection and transportation of waste. Failure to sanitize and disinfect the vehicles parked in the hospitals.
Long range of area for handling by individual Facility. Similar facility catering to several hospitals simultaneously. Only one vehicle collecting the entire waste beyond its capacity.
Not collecting the waste on daily and regular basis. Untrained staff handling Bio-medical waste unscientifically. Non-compliance of barcode and GPS requirement.
Use of contracted vehicles by the Facilities.
Not washing disinfecting empty waste containers. Absence of adequate monitoring.
Not maintaining proper record.
Disposal in general bins meant for municipal waste. Failure to create awareness about the precautions to be taken by the handlers, workers and the citizens.
5. The Tribunal constituted a joint Committee which gave its report dated 03.12.2021 mentioning serious violations. CPCB also filed a report dated 08.12.2021 mentioning the gaps in compliance on following aspects:
"
Healthcare Facilities are operational without authorization Coverage of Common Biomedical Waste Treatment Facilities (CBWTFs) for all Healthcare Facilities (bedded & non-bedded) Adequate no. of CBWTFs 2 Deep Burial Pits for disposal of biomedical waste Assessment of available treatment capacity (common as well as captive) and additional requirement District wise data on biomedical waste management Implementation of Barcode System OCEMS installation and transmission of data to CPCB by CBWTFs and captive incinerators.
COVID-19 Biomedical Waste Management."
6. Data of gaps was mentioned as follows:
"
Total Quantity of Total Quantity of Gap in treatment of Name of the State/ BMW S. No. BMW generated bio-medical waste UT Treated and Disposed (kg/day) Kg/day (kg/day) 1 Andaman Nicobar 536.36 465 71.36 2 Andhra Pradesh 25029.3 25029.3 0 3 Arunachal Pradesh 353.63 353.63 0 4 Assam 8235.97 5314.22 2921.75 5 Bihar 27846.15 10201.3 17644.85 6 Chandigarh 5729 5729 0 7 Chhattisgarh 7234.31 7234.31 0 Daman &Diu and 8 450 450 Dadra 0 9 Delhi 23200.09 23200.09 0 10 Goa 1272.68 1272.68 0 11 Gujarat 49492 49492 0 12 Haryana 19217 19217 0 13 Himachal Pradesh 3545.78 3545.78 0 14 Jharkhand 8406.7317 8406.7317 0 15 J&K 5941.81 5941.81 0 16 Karnataka 82604 38951 43653 17 Kerala 40408 40207 201 18 Ladakh 43.35 43.35 0 19 Lakshadweep 1137 1137 0 20 Madhya Pradesh 20008.91 19003.55 1005.36 21 Maharashtra 82146.35 82111.82 34.53 22 Manipur 921.9 888.5 33.4 23 Meghalaya 1556.95 1556.95 0 24 Mizoram 863.13 863.13 0 25 Nagaland 891.8 652.5 239.3 26 Odisha 15303.76 11570.56 3733.2 27 Puducherry 4360 4360 0 28 Punjab 16998.16 16998.16 0 29 Rajasthan 18911.56 18911.56 0 30 Sikkim 477.56 477.56 0 31 Tamil Nadu 35269.74 35269.74 0 32 Telangana 23810 23810 0 33 Tripura 3852.58 3852.58 0 34 Uttarakhand 7383.94 7383.94 0 35 Uttar Pradesh 64038 64038 0 36 West Bengal 43513.39 43513.39 0 "
7. The Tribunal analysed the subject and issued directions as follows:
"Our Analysis 3
17. We have heard learned Counsel for the parties and considered the issue. learned Counsel for the applicant inter-alia submitted that though the report does not give complete picture of violations, even if the report is taken at face value, there are patent and serious violations for which the statutory regulators do not appear to be taking any remedial action to the serious detriment of public health and environment. Though this Tribunal has directed monitoring at the level of the Chief Secretaries in the States in coordination with Health and Irrigation and Public Health and Environment Departments at State level and at National level by the MoEF&CC in coordination with , Health, UD, Jal Shakti, CPCB, there is nothing to show such monitoring as rampant and serious violations are continuing as found in reports of the joint Committee, Monitoring Committee for UP and pan India status shown by the CPCB report.
18. As per report of the joint Committee there is only one vehicle for Covid-19 waste collection from 876 HCFs mentioned in the report in five Districts, catered to by the CBWTF in question. It is impossible for one vehicle to collect waste from Covid-19 from all the said Facilities spread over in five districts. Even for other medical waste, there are only 10 vehicles. Thus, it is impossible for the number of vehicles engaged to collect waste from five districts and treated on the same day. He has thus submitted that the media reports on burning of such waste in open or throwing of such waste in open and unscientific handling of waste is creating hazard to the public health stand established for which remedial action is required.
19. We find substance in the submission. Apart from the said submissions on behalf of the applicant, the joint Committee itself has found inadequacy of the Facility to handle the job expected from it. There is thus patent violation of environmental norms and failure of the statutory regulators to remedy the situation. Similarly, the report of the Oversight Committee has found the State PCB as well as Health Department are not properly geared up on the subject. Their monitoring mechanism is inadequate. The maintenance of record is not as per norms. The collection and treatment of Bio-medical waste is deficient. There are no adequate safeguards for the workers involved in collection and treatment of the waste
20. The report of the CPCB shows that though complete information is not compiled, there is need for improvement of coordination processes of the State PCBs/PCCs with Urban Local Bodies/Municipalities and generators of bio-medical waste. The deep burial pits used by the Facilities are also not adequate. Segregation of bio-medical waste from general waste and scientific treatment thereof needs to be improved.
Rereferring to the number of Districts provided in order dated 05.07.2021 in OA No. 360/2018, Shree Nath Sharma vs. Union of India & Ors., and statistics provided on Bio- medical waste management in order dated 18.01.2021 in OA No. 710/2017, Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors., it is observed that no. of 4 captive and common biomedical waste facilities when compared to no. of healthcare facilities, the resultant gap shows need for careful review at the level of CPCB and MoEF&CC and issue necessary directions for rectifying the situation.
xxx .......................................xxx..................................xxx Need for Emergent Remedial Action
21. Since there are huge gaps in compliance of environmental norms in handling and disposal of bio-medical waste, including Covid-19 waste, causing health hazard to the citizens, emergent and effective measures are inevitable to remedy the situation. While broad gaps have already been indicated in collection, handling, transportation, and remediation, micro management is a matter of continuous monitoring at several levels in the Government. In the light of data now furnished and continuing gaps, it will be appropriate to direct rigorous monitoring at District, State and National levels by joint Committee representing the concerned authorities in coordination with all stake holders.
22. We find that the MoEF&CC has constituted Central Monitoring Committee (CMC) to review the implementation of the BMW Rules vide order dated 22.11.2021, headed by Joint Secretary, Ministry of Health and Family Welfare with representatives of other Departments, States and other experts. The Committee meets only once in a year. Unsatisfactory state of affairs on the subject of implementation noticed above calls for more frequent meetings atleast for some time till the situation improves. Adequacy of Facilities, working of Committees, their infrastructure are issues to be closely monitored not only at National level but also at State and District level.
Directions
23. Accordingly, we direct the above CMC to meet urgently within two weeks to consider the above state of affairs and prepare an effective monitoring strategy to ensure that there are adequate number of Facilities, with appropriate infrastructure and their functioning is reviewed on regular basis at District and State level. If any Committee is functioning at State/District level, they may also monitor compliance. For proper monitoring we constitute following Committees at State and District levels who may work in tandem with Committee already constituted, if any:
State Level:
1. Secretary, Health - Chairman
2. Nominee of Secretary Urban Development/Local Bodies - Member
3. Nominee of State Disaster Management Authority - Member
4. Member Secretary, State PCB - Member
5. Director, Environment - Member 5 The Member Secretary, State PCB will act as nodal agency for coordination and compliance.
A. District Level:
1. District Magistrate - Chairman
2. CMO - Member
3. Regional Officer, State PCB - Member
4. Nominee of SSP/DCP - Member
5. Principal, Government Medical College or other reputed Medical College in the area The Regional Officer, State PCB will act as nodal agency for coordination and compliance.
24. The State and District Level Monitoring Committees will be free to co-opt any other experts/agency for its assistance. The said Committees may also meet within two weeks in the first instance and thereafter the State Committee may once in a month and the District Committee once in a fortnight initially till the situation improves and at longer interval thereafter as may be found necessary. The CMC may hold a meeting through video conferencing with the State level Monitoring Committees within one month to consider the action plans to bridge the gaps in monitoring and compliance. For effective monitoring, the Committees may consider availing services of retired Principals/Heads of the Departments/other experts from Government Medical Colleges or other institutions so as to ensure that a panel is available to assist in effective monitoring including undertaking periodical visit to the CBWTFs, coordinating awareness/training programmes and holding joint meetings at State/District Levels to review the compliance status. The Committees may ensure remedial and coercive measures if there are violations such as number of vehicles employed being inadequate or waste found scattered or thrown in open or deficiencies in collection, transportation, handling and disposal. The Committee may place their respective proceedings on their respective websites.
25. The CMC may compile a national report as on 30.04.2022, based on reports received from the State Level Committees who may give their reports after compiling reports from the Districts which may be uploaded on its website."
8. In above background, we proceed to consider the report of CMC of the MoEF&CC. It mentions interaction of CMC with the State Authorities and stakeholders. Relevant extracts from the report are:
"The summary of the actions identified by the CMC for proper BMW management are as below:
CPCB shall submit Standard Monitoring Framework and updated State-level information considering that a National Level Report was filed by it in same matter.6
CPCB shall develop standard guidelines for Gap Analysis for all States.
State Health Departments/ State Pollution Control Boards/ UT Pollution Control Committees that have not submitted information so far, may do so on PRIORITY.
CPCB may also coordinate with State Pollution Control Boards/ Pollution control Committees, CBWTFs Association of India, if needed, for fine tuning the standard monitoring framework.
CPCB requested all States to submit copy of the minutes of the meetings of the State and District Level Monitoring Committees for further examination, referring ideas and adherence to the timelines fixed for improving BMW management.
All stakeholders were requested to submit suggestions for updating CPCB guidelines on biomedical waste management.
5.0 Compilation of State-level information In response of Ministry's DO letter dated 03.02.2022, 23 States/ UTs have submitted available information, which is not uniform.
However, the Ministry attempted to compile it in the form of a table and the same is annexed as Annexure-8.
6.0 Preparation of Monitoring Strategy CPCB was requested to prepare a 'Standard Monitoring Framework'. The framework shall address issues related to BMW generation and treatment gap analysis at State level and its third- party audit, compliance of existing CBWTFs through SPCBs/ CPCB Regional Offices, Frequency of Monitoring of HCFs and CBWTFs, Development of a web-portal to for BMW tracking and integration of online monitoring of waste collection and its receipt at various levels. The Standard Monitoring Framework for Implementation of Biomedical Waste Management Rules, 2016, has been received from CPCB on 18.08.2022 and same is annexed as Annexure-9."
9. The compliance status compiled by the Committee filed as Annexure 8A is reproduced below:
7State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee Andaman & Nicobar Vide order no. 414 dated So far, 11 Vide order no. 41$ Copy of MOM is ANPCC is under process to constitute the State Level Committee and District Level (Inputs reported on 28- 12.02.2019, a State Level .dated enclosed at Annex- I Committee- in compliance to Hon'ble Tribunal's order dated 07.01.2022 in the matter of O.A. Feb-2022) monthly SLAC meetings 12.02.2019, a State No. 180/2021 Advisory Committee have been convened Level .
(SLAC) was constituted Advisory Committee
under the chairmanship was
of the Chief Secretary in
pursuance of Order constituted under the ..
dated chairmanship of the
Chief
16.01.2019 passed . in Secretary in pursuance
O.A. No. 606 of 2018 by of
the Hon.ble National Order dated 16.01.2019
Green Tribunal. passed in O.A. No.
Andhra Pradesh Constituted on Copy of MOM is enclosed at District Level Copy of MOM is Constituted on Copy of MOM is Constituted on Copy of MOM is
Annex-2 Monitoring Committee enclosed at Annex-2 enclosed at Annex-2 enclosed at Annex-2
(Inputs reported on25-27.08.2018 under Constituted 17.02.2022 under 17.02.2022 under
April-2022)
Chairmanship of Spl. Chairmanship of Chairmanship of
Chief Secretary Secretary (11M&FW), concerned District
Arunachal Pradesh As per BMW Rules Two meetings convened District Level Copies of MOM No information provided
on 25-July- Monitoring Committee attached at Annex-3
(Inputs reported on 07-2016, State Level (DI.MC) has been
March-2022) Advisory Committee . has 2017 and 13-JUly- constituted by all
been constituted on 23- 2018. districts.
May-2017.
State Status of Compliance of HCFs and Directions Environmental Gap-Analysis of the BMW CBWTFE capacity available
CBWTFs issued to non- Compensation Generated
compliant Levied
units/ facilities
8
Andaman & Regular advices for proper-disposal of BMW generated by HCFs: were issued in South Andaman, 490.44: Ke/day of BMW is generated and two:
Nicobar (Inputs for strict compliance of BMW. Rules, 2016:and to ensure the same incinerators have been installed for treatment at GB. Pant Hospital:
reported: on 28- inspections: are' also. carried out. Director, Health services of ANI informed (Portblair) and CHC Bambooflat of 100 Kg per hour and 50 Kg per Feb-2022) that '1 hectare. of. land. is, allotted at Attam Pahad; Garacharma village for hour-capacity, respectively. In: Nicobar. 3.06' Kg/day of BMW CBWTF construction. The estimate is finalized for construction of compound 'generated and CHC, Nancowry has installed incinerator. of 50 Kg per hour capacity for treatment. In North and Middle Andaman, 42.86 wall, jungle clearance and construction of approach road for the land set Kg/day of BMW. generated and three incinerators have been apart for construction. 'installed for treatment'at Dr. R.P Hospital (Mayabunder), CHC Diglicpur and CHC Rangat of 50 Kg per -hour capacity, each. Further, the directorate. of Health' Services. has initiated: proposal for, procurement of 5-BMW incinerators at different HCEs. i.e: at PHC Garacharma (100-Kg per hour); PHC Hutbay (50 Kg per hour} and PHC Swaraj. dweep-Havelock (50 Kg per hour), in South Andaman. And, at BIR. Hospital Car Nicobar and PHC Campbell Bay of 50 kg per hour, in Nicobar district.
Andhra Pradesh The compliance status of CBWTFs and HCFs in the state is being monitored by At present, there are 12 CBWTFs in the state catering to HCFs in erstwhile 13 districts of the (Inputs reported On APPCB. Direction was issued to M/s. Sriven Environ Technologies, a CBMWTF in state. These CBWTFs are having adequate capacity to handle additional quantities of BMW.
25- Anantapuram district on 18.11.2021 to stop operation till rectification of the non- They could handle the increased quantities of BMW generated during the COV1D -19 April-2022) compliances. The Bio-Medical waste collected by this CBWTF is being sent to Pandemic. The total authorized capacity of CBWTFs is 44.4 TPD and the present capacity neighboring CBWTFs for treatment and disposal. Data on BMW management in utilization is 37%. However, APPCB issued work order to. M/s.Andhra Pradesh Environment Management Corporation Limited (APEMCL) on 06.07.2021 for conducting the Gap Andhra Pradesh (as on 31.03.2022):
Analysis study of Bio-Medical Waste Management in the state of Andhra Pradesh. APEMCL No. of HCFs >> 12,266 is in the process of getting the study conducted. No. of bedded HCFs >> 7.694 No. of non- bedded HCFs -,----:- 4.572 No. of beds >> 1,59,575 No. of CBWTFs >> 12 No. of HCFs granted authorization >> 11.041 No. of HCFs with captive treatment facilities >> NIL No. of captive incinerators operated by 11CFs >> NIL Quantity of Bio-medical waste generated in TPD:>> 16.322 Quantity of Bio-medical waste treated >> 16.322 Arunachal Pradesh All HCFs comply with BMW Rules 2016 and disposal of biomedical waste and covid- 19 related In Arunachal Pradesh, there is no CBWTF established till date and one nos of CBWTF (inputs reported on 07- waste as per guideline & designated treatment facility. In Arunachal Pradesh, no CBWTF is proposed at Torn Circle under Papum pare district within the radius of 75 km. March-2022) established till date. Accordingly, DPR has been submitted to Ministry of Health & Family Welfare, Govt. of India through National Health. Mission for allocation of fund during 2018-19 & resubmitted in 2019-20.
State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions 9 Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee Bihar Constituted by Department of Environment & Forest. Govt. of Bihar wide their notification State & District level Committee Constituted by the Hon'ble National. Green Tribunal vide no.Praya/Van-42/2002(part-1)-630(E)/Pa.V.-Patna-15 dated15/09/2016 and Pray a/Van- dated 07.01.2022 in the matter of O.A. No.180/2021 -Mukul Kumar Vrs. State of Uttar (Inputs reported on 09- 412/2002/21(E )/PalVa dated 13/01/2017 respectively. Pradesh & ors. for monitoring & implementation of CBTWF s and disposal of COVID-19 waste as per the BMWM Rules, 2016.
May-2022) (i) Member Secretary of Bihar State Pollution Control Board is nominated-as Nodal Officer of the State Level Advisory Committee. (i) Member Secretary of Bihar State Pollution Control Board is appointed as Nodal Officer of
(ii)Civil Surgeon-cum-Chief Medical Officer nominated as Member Secretary of the District Level the State Level Committee Monitoring Committee. Meeting of the SLAC has been convened so far on 06..07.2017, 11.05.2018,
10.06.2019 & 23.07.2021, The next meeting is proposed on 13.05.2022. Further. 31 Meetings of (ii) Regional Officer, SPCB of the concerning Districts appointed as Nodal Officer of DLM1C has been convened at 20 districts of the State, so far. the District Level Monitoring Committee.
Daman-Diu and Dadra Reportedly Constituted in compliance to BMWM Rules, 2016 Under Progress & Nagar Haveli (Inputs received on 21-April-
2024:
Delhi (Inputs State Advisory Minutes of meeting of In District level MoM not shared The State Level Committee was Constituted on 25.02.2022. The need-of other parallel District Committee in NCT of Level Committees in NCT of Delhi may be assessed by the State Level Committee in view .of no reported on 25-Feb-2022) Delhi was constituted by State Advisory Committee Monitoring gap in NCT of Delhi for-generation and treatment & disposal of Bio-medical Waste.
Director General of in respect of meetings held in Committee, the Health Services vide 2019 - 2021 is not attached. Nodal Officers are.
letter dated concerned Chief
District Medical
23.11_2016 Officers (CDMO).
10
Bihar Constituted by Department. of Environment. & Forest Govt. of Bihar wide. State & District level. Committee Constituted by the Hon'ble' National
their notification. No. Praya/Van-42/2002(part-l)-630(E Pa. V.~Patna-15 Green Tribunal vide dated 07.01.2022 in the matter of O.A..No.180/2021 (inputs reported dated15/09/2016 and Piaya/Van-| 42/2002/21(Ey/Pa/Va dated 13/01/2017 -Mukul Kumar Vrs. State of Uttar Pradesh & ors. for monitoring & on -09 May- respectively. implementation of CBTWFs and disposal of COVID-19 waste as per [the 2022) BMWM. Rules, 2016.
(i) Member Secretary of Bihar State Pollution' Control Board is nominated 'as Nodal. Officer of the State Level Advisory Committee. (i) Member Secretary. of Bihar State Pollution Control Board is-
appointed as Nodal Officer of he State Level: Committee.
ii) Civil Surgeon-cum-Chief Medical Officer nominated as Member Secretary of the District Level.| Monitoring Committee: Meeting of the SLAC has' been (ii) Regional. Officer, SPCB of the concerning Districts: appointed as convened so far on 06.07.2017, 11.05.2018, 10:06.2019 & 23:07:2021; The Nodal Officer of the District Level Monitoring Committee.
next meeting is proposed on 13.05.2022. Further. 31 Meetings of DLMIC has been convened at.20-districts of the State, so far.
Daman-Diu Reportedly Constituted in compliance to BMWM Rules, 2016 Under Progress
and
Dadra &
Nagar
Haveli (inputs
received on 21-
April-2022)
Delhi (Inputs |State Advisory Minutes of meeting of In District level MoM not shared The State: Level Committee was Constituted on 25.02.2022. The need of |Committee: in: State -- Advisory Monitoring other parallel District Level Committees in NCT of Delhi may be assessed reported 0/125-Feb-2022) NCT of Delhi was |Committee in respect Committee, by the State Level Committee in view of o gap in NCT of Delhi for of meetings held in |the Nodal constituted by 12019 -2021 is not Officers are generation and treatment & disposal of Bio-medical Waste.
Director General. attached. |concerned
of Health "Services Chief District
vide' letter. Dated {Medical
Officers
23.11.2016 (CDMO).
State Status of Compliance of Directions issued to non- Environmental Gap-Analysis of the BMW CBWTFE capacity available
HCFs and CBWTFs compliant units/ facilities Compensation Generated
levied
11
Bihar (inputs Partially complied Environmental BMW generation-42158ke/day Capacity of CBWTFs--87 136kg/day
reported on 09- Compensation
May-2022) Proposed closure direction issued due to non-compliance Levied
of HCFs - 3667 closure directions issued - 710 Rs.22.11,250/-
Legal Notice issued - 1003
Show cause notice issued - 764
Daman-Diu and The HCFs at DD&DNH 'comply with the conditions of BMWM Rules, 2016. Total quantity of BMW. Generated. in UT od DD&DNH is 450 Kg/day and Dadra & Nagar There is no CBWTF in DD&DNH. The BMW generated in the UT is sent to M/s the treatment and disposal capacity of CBWTF is.9500 Kg/day Haveli (inputs En-cler Bio medical Waste Pvt. Ltd. located in the State of Gujarat, received on 21- April-2022) Delhi (Inputs Before applying for authorization, every TH date. Environmental DPCC has completed the gap Total Installed capacity of CBWTFs reported on 25- health «care facility is required to enter Compensation Charges of Rs. analysis in 2020 with the projection is 62.8 MT/day and quantity of Feb-2022) into an agreement with. the concerned 2.60,08,700/.. (Rupees Two. - of biomedical. waste generation in BMW generation in Delhi-is: varied CBWTF for. collection, transportation, Crores) » Bight Thousand Seven 2031. The tendering process' for between 23.2. MT/day and 28.8 treatment and disposal of the waste Hundred. Only) have been received \setting up. of 2 new additional. MT/day in year 2019- 2020 with generated by it. Till date, 12,031 no. of from the violators. CBWTFs is going on, taking into peak value of additional COVID-19 authorizations have been issued 10 HCFs consideration that one of the waste reaching up to.25 MT/day 'are required' to. ensure, proper. existing operational. CBWTF during second. wave of pandemic. segregation of biomedical waste before namely. M/s SMS BMW Water The CBW TEs. are. M/s. SMS Water handed over to Common Biomedical Grace Pvt, Ltd is running, on Grace BMW Pvt. Ltd. with installed Waste Treatment Facilities. (CBWTFs) for extended lease On DGHS land: both capacity of 28.8 tons per day {12 T transportation, treatment and disposal. the existing CBWTFs have total incinerator + 16.8 T autoclave) and Whenever. any instance of violation w.r.t. capacity of 62.8 tons/day against. M/s Biotic Waste Solutions Pvt. Ltd:
provisions of BMWM Rules, 2016 including the total biomedical waste with installed capacity of 34 tons segregation of waste etc. are observed: or generation in 2020 i¢.,23.2 per day {25T incinerator +. 9'T come to the notice of DPCC, action against tons/day which is sufficient for autoclave) the violators including levying of treatment and disposal of all the Environmental Compensation (EC) is biomedical waste generated in. NCT bedded taken: of Delhi even in Covid- 19 pandemic.
State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee 12 Goa (inputs The State Advisory and District Level Monitoring Committee(s) in the state of Under Progress reported on - Goa were constituted on 09:05.2019. The MoM are shared at Annex-4 04-April2022) Gujarat (Inputs The Committee. is already constituted and District Level' Monitoring State Monitoring Committee has 'been constituted under Chairmanship reported on. 7- Committee constituted in 14 of 33 Districts. The MoM provided by GPCB are of Principal Secretary Health and MS,.\GPCB is the nodal officer, All May 2022) attached at Annex-5. District collector/ District Magistrate |were requested to constitute District Level' Mentoring Committee and out of 33 districts, the District Level' Committee is constituted in'14 Districts. The: MoM: provided .by GPCB are attached at Annex-5.
State Status of Directions issued to Environmental Gap-Analysis of CBWTFE capacity available
Compliance of non-compliant units/ Compensation the BMW
facilities levied Generated
HCFs and CBWTFs
Haryana (inputs The State Advisory. and District' Level Monitoring Committee(s)::in the: state Approval of. Government has: been accorded and orders regarding reported on of Haryana was constituted: vide letter dated 20.06.2018 & 24.05.2018 constitution' of both committees will be issued shortly. AS per-approval, ©26-April2022} respectively. C Till date 7 no. SLAC meetings has been 'conducted and MoMs Member Secretary, HSPCB will be nodal officer for coordination and:
are attached at Annex-6. compliance at State level. Regional: Officer. HSPCB will be nodal officer:
for coordination and compliance at District Level. The matter related: to issues raised and directions 'of NGT were taken-up in the 7th SLAC meeting held on 18.02.2022. MoM is attached at Annex-6 Himachal No information provided No information provided Pradesh (inputs reported on 09- May-2022) Karnataka No information provided No information provided (Inputs reported on 09-May-
2022) State Status of Compliance of Directions issued to non- Environmental Gap-Analysis of the BMW CBWTFE capacity available HCFs and CBWTFs compliant units/ facilities Compensation Generated levied 13 Haryana (Inputs Total No. of HCFS - 6476 Total EC Levied from 3 players. is P(iIM ER, Chandigarh has been No information provided Reported on 26- No. of Compliant HCF's - 6328 Rs.7:87,000 assigned the Gap Analysis study in April- 2022) No. of HCFs not complied - 148. July, 2019 with reference to Total No. of CBWTFs - 11 Coverage Area of CBWTF's Future No. of Compliant CBWTFs - 11 projection of generation of BMW & No. of HCFs not complied - -Nil requirement of new CBWTF in Show Cause Notice issued to non- Haryana. Final report is likely to be compliant IICFs and submitted by PIGMER, Chandigarh CBWTFs. AllICBWTFs have installed by June. 2022.
OCEMS ad connectivity ensured with Board.
Himachal Number of HCFs >> 9038 About 3.5 ..MT of BMW (including Three CBWTFs are tinder operation Pradesh No. of bedded HCFs >> )96 COVID with incineration (Inputs reportedon No. of Non-bedded HCFs >e .8442 waste:i0.17MT)is being generated capacity of 6.4MT/ day. One CHWIF May-2022) No. of Beds (Annual Report 2020) >> 16082 and disposed off per day and the of capacity No. of CBWTFs >> 3 (1 under construction) state has incineration capacity of 200 Kg/Hr is being established at Online emission monitoring system in CBWTFs 3 6.4 MT/Day, which is adequate at district Bilaspur. HCFs granted Authorization >> 8023 (88.77%) present. Further, 5589 health care Further, to check the pilferage of I ICFs without authorization >> 1015 institutions have tied up with the BMW during 11CFs tied-up with CBWTFs >> 5589 common BMW treatment facilities collection and transportation Bar 11CFs having-captive disposal facility >> 3449 for collection ,transportation and code system has Quantity of BMW generated/treated >> 3545.7 disposal of BMW, whereas, 3449 been implemented in al1HCfs tied (in Kg/ per day - Annual Report 2020) institution operating in far flung up with the CBWTFs for disposal of COVID-19 BMW as on 31.03.2022 >> 628.1 MT areas have developed their captive biomedical waste.
treatment and disposal facilities.
Karnataka Waste generated in the state: 82604 kg/d (Inputs As per the annual report for the year 2020 submitted to CPCB total number of Total biomedical waste treated in captive facility : 1146 kg/(.1 reported on 09- -19.
violations-by health care facility is 3919 and total number of violations are Total biomedical waste treated in CBMWTF:. 37805 Currently the total capacity of 25 CBMWTF which are functional is May-2022) 90,480 kg.
State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee 14 Kerala (Inputs A state level' monitoring/advisory committee was constituted on 05.06.2019. State Level Monitoring Committee and District Level Monitoring reported on 28- as per GO (Rt) No. 1354/2019 (Annexure -1) with Principal Secretary, Health Committee was constituted as per GO (Rt) No.322/2022 (Annexure IV)- Feb-2022) & Family Welfare 'Department as Chairman: Deputy Secretary I, Health & on Committee and District 10.02.2022 in compliance to Hon'ble Family Welfare Department has been designated as the nodal officer Tribunal's Level Committee in order dated 07.01.2022 in the matter of representing Health & Family Welfare in the SLMC for the effective- O.A. No. 180/2021, Member Secretary, KSPCB is the nodal agency for coordination between the Committee and the Department as per GO(Rt). No. state level committee and the district officer KSPCB is the nodal agency 2905/2019/H&FWD (Annexure 11). Also a District Level Monitoring for District level committee. Committee was constituted on 05.06.2019 as per GO (Rt) No. 1353/2019 (Annexure Ill): with District: Collector as Chairman. The first meeting of SLAC in compliance to BMWM rules 2016, was on 03.09.2019 and the second meeting: was on 01.02.2021. From: 2nd meeting onwards, DHS & KEIL were inducted into the meeting as per GO(Rt) No.1709/202 VH&FWD. Details are attached as Annexure-7.
M.P. (inputs No information provided reported on 04- MP has constituted the State Advisory Committee and District Level Feb-2022) Monitoring committee as per order dated. 27/06/2017, State Level Advisory Committee is constituted under the chairmanship of Additional Chief Secretary/ Principal Secretary, Department of. Health' and Family. Welfare, M.P. District level Monitoring Committee is constituted under the chairmanship of respective, District Collector. State. Advisory Committee meeting has been conducted on 09/04/2019; 30/06/2020, 4/12/2020, 09/07/2021, 19/01/2022 and 04/02/2022. Details enclosed at Amnex-8. Maharashtra (Inputs reported Vide GR dated 13.04.2017, Public Health: Department; GoM has constituted Vide GR.-dated 07.03.2022, Public Health Department; GoM has on 22-Apr-2022) state level Advisory committee. Similarly, 36 Districts in the state has constituted state level and District Level Monitoring Committee. The constituted District Level Advisory Committee. A total of 75 meetings have details 1st State Level Monitoring Committee are enclosed at Annexure- been convened in 36 Districts, Details are enclosed at Annexure-9. 9. Mizoram -- State Advisory Committee Constituted by State vide Notification No. (Inputs reported G/7011/5/2018-HFW/109 dated 03.04.2019. District Monitoring Committee No separate Committees formed:
on 25-Apr-2022) Constituted by State vide Notification: No. G/17011/5/2018-HF W/110 dated 03.04.2019. Three (3) meetings convened since the constitution of SLAC. The last meeting of State' Advisory Committee held on 16.03.2022. The details are attached at Annexure-10.
State Status of Compliance of Directions issued to non- Environmental Gap-Analysis of the BMW CBWTFE capacity available HCFs and CBWTFs compliant units/ facilities Compensation Generated levied 15 Kerala (Inputs reported on 28- The total number of Ayurveda dispensaries are 818 out of which 653 have There are two CBWTFs in State viz. IMAGE, Palakkad- 55.8 TPD and Feb-2022) got authorisation from PCB. Similarly, total number of Ayurveda hospitals are KEIL, Ambalamedu, Ernakulam - 16 TPD. Thus the total BMW treatment 139 out of which 41 have got authorisation from PCB. Further, 21, out of 130 capacity is 71.8 TPD. Total quantity of BMW including Covid waste hospitals: are registered in IMAGE/ KEIL i.e. authorised CBWITFs. The contributes to an approximate amount of more than 60 TPD. Thus there remaining hospitals have applied for registration. Out of 703 Homeo seems no gap in the BMW generated and CBWTF capacity available. Institution (699 Homeo Dispensaries +34 Homeo Hospitals), 410 got However, more number of CBWTFs are required in the State especially authorisation from PCB and steps are taken to obtain authorisation for the in the southern districts and one in the northern most district. As per remaining. Also out of 34 Homeo Hospital. 10 are registered with IMAGE. CPCB guideline region wise CBWYTFs are required for the effective.
The Total no. of Health Care Facilities/ Occupiers, apart from the implantation of BMW. KINFRA allotted land to IMAGE for setting-up of above are 18719 which include Clinics, Dispensaries, Animal houses, a CBWTF at Adoor IDA, SEIAA issued environment Clearance to Malabar Pathological Laboratories, Blood Banks, Clinical establishment and Research Enviro Vision for a CBWTF at Kinaloor, Kozhikkode. Institutions. Out of 18719, 18360 have obtained authorization. There are 738 Veterinary Institutions and issuance of authorization to all veterinary units is progressing the 1228 AYUSH clinics with consultation alone are exempted from BMW authorisation. The total no. of beds in the state are 125873.
M.P. (inputs No information provided No information provided reported on 04- Feb-2022) Maharashtra Out of 30 Total no. of 504 Show cause Total EC imposed on CBWTEs MPCB reported existing capacity of 91200 kg/day and 120740 Kg/day (Inputs reported CBWTFs, 23 were Notices issued to HCFs and is Rs.86.49,100 out of which for incineration and autoclaving respectively. The proposed incineration on 22-Apr-2022). complying. 1 CBWTFs in State. BGs of Rs.8,86,800 have been and autoclave capacity addition is 42940Kg/day and 19260K g/day partially forfeited. respectively. After addition of proposed capacity, the State would complying and 6 collectively have a zap of 4522 Kg/day and 1524K g/day of incineration were non- and autoclaving capacity.
complying to the stipulated provisions.
Mizoram (Inputs reported on 25- CBMWTF is yet to be established in the state. EC is already approved by SEIAA No Information provided Apr-2022) formal issuance is awaited. CBMWTF to cater 5 districts of Mizoram. The State Government has tasked the Aizawl Smart City Limited, SIPMIU to undertake the project. Directions issued to non-compliant HCF and Consent and authorization withheld until the HCF complies and furnish compliance State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee 16 State Level Advisory Committee, District and Regonal Level Committees liae Since U.T. of Puducherry is small place, already constituted State Level Puducherry been constituted vide order dated 15.05.2019. by the Chief Secretariat (Inputs reported (Health). The State' Level Meeting wus held on 22.10.20W and 04.11.2019. Advisory Committee. District Level Monitoring Committee and Regional on 25-Feb-2022) Four (4) meetings of Puducherry and Three (3) meetings of karaikal were Level Monitoring Committee are sufficient to monitor to implement provisions of BM WM Rules, 2016.
convened. Details arc attached at Annex-I1 The State Level Advisory Committee and the District Level Monitoring The constitution of State Level Committee is under progress. Further, Committees have been constituted by the Punjab Health System Corporation District Environment Committees have already been constituted at the Punjab (Inputs vide order no. PHSC/BMW (Volume-111)/17/60192 dated 09.05.2017. The District Level and their meetings are being held regularly. As such, the reported on 28- Waste Management Nodal Officer (PHSC) and the Member Secretary of the Environmental Member Secretary of the State Level Advisory Committee is State Biomedical Engineers of the Regional Offices of the Punjab Pollution Control Board have been directed to invite Principal, Government Apr-2022) District Level Monitoring Committee is District Health Officer (DHO). Four Medical College or other reputed Medical College in the area in the said State level meetings have been convened on 16.09.2018, 16.10.2019, Committees to monitor the compliance of environmental norms in 25.11.2020 and 07.04.2022. Details are attached at Annex-12 handling and disposal of bio-medical waste including COVID-19 waste.
State Level Advisory committee has been constituted vide Directorate, It is evident from directions of the Hon'ble NOT vide order dated Medical & Health department office order dated 21.07.2017. Meetings of 07.01.2022 that the constitution of State Level and District Level Rajasthan committee are convened by Medical & Health Department. As per committee are conditional in nature. There is already a committee in (Inputs Directorate, Medical & Health department letter dated 20.12.2017 to place at the State level i.e. State Level Advisory Committee under reported on 09- Environment department, District Level Monitoring committees as per chairmanship of Secretary Medical and Health department. Besides. Mo-2022) BMWM Rules have been constituted in all districts of the State. Copy of district level monitoring committees are also functional at all districts in minutes of meeting of advisory committee dated 13.08.2020 and 16.08.2021 the State. Therefore, there seems no reason to constitute another is enclosed as annexure. Details are attached at Annex-13 committees comprising of almost the same designated officers.
Sikkim (Inputs reported on 23- Constituted on 26.09.2010 Constituted on 25.09.2018 Under Progress Feb-2022) State Advisory Committee was constituted vide GO Rt.No.329, dt:15.04.2017 As per the directions of NGT. TSPCB intimated the Stake holders Telengana in compliance to BMWM Rules. 2016.District level Advisory Committees were departments about the Committees. District Collectors were also (Inputs reported also constituted vide GO. Rt. No. 28. tit:06.01.2018 in compliance to BMWM requested to conduct the meetings as per the directions of Hon'ble NGT on 25-Apr-2022) Rules, 2016. Meetings are being conducted as and when needed. Details are and for compliance of the directions issued. Regional Officers of the attached at Annex-14 TSPCB were also instructed to assist the District Collectors in conducting the meetings.
17State Status of Compliance of Directions issued to non- Environmental Gap-Analysis of the BMW CBWTFE capacity available HCFs and CBWTFs compliant units/ facilities Compensation Generated levied Puducherry 298 HCFs in the UT of Puducherry have obtained authorization Under BMW Total biomedical N V age generation: 4230 kgs/day. Capacity of (Inputs Rules 2016 from PCC after entering agreement with CBMWTF for collection CBWTFs operating. in State/Ut: 5000 kg/day reported on 25- and disposal of BMW. Direction were issued: to 172 'Has and 48 show Cause . Feb-2022) notices for violation of environmental norms. Environmental compensation of Rs.82,69,800 was imposed on 5 medical colleges-cum hospital for improper disposal of BMW. Similarly, EC of Rs2.25 lakhs was imposed on CBMWTFs for non-compliance of direction issued.
Punjab (Inputs No specific details provided. The Punjab Pollution Control Board has constituted a committee for reported on 28- carrying out GAP analysis of the BMW generated and CBWTF capacity Apr-2022) However, time -to time instructions/ guidelines were issued for safe handling available and an officer of MoEF&CC has also been included as member of BMW to all concerned. Guidelines for COV1D19-Rev 1 to 4, flow chart, do's in the said committee. The report of the said committee is yet to he and don'ts and local bodies, department, agreement for collection disposal of received. PPE kit Reporting status of Rajasthan Total HCFs identified& Operational Information not provided 11 ('BMWTDFs are operative in various parts of the State namely
- 9241. HCFs having validAuthorization Hanumangarh, Bikaner, ...Jodhpur, Ajmer, Udaipur. Jhalawar, Alwar, reported on 09- -8125, application pending - 353, Jaimmtwo), Nagaur and Dungarpur. 04 CBMWTDFs are proposed! Mar-.2022) expired/refused - 763 under development in Jalore, Jhunjhuna, Chittorgarh and Sawaimadhopur.
Sikkim (Inputs The directions and show cause notice have been issued to Hospitals and No CBWTFs exist in-the state of Sikkim reported on 23- District hospitals for non-compliance.
Feb-202:4) Telengana The TSPCB is submitting the compliance status report of HCFs/CBMWTFS At present 11 CBMWTFs are operating- in the State and the capacities (Inputs once in every Quarter to the CPCB in the matter Of CA No.606 or 2017. The of the same are adequate at present and for next five years. Total reportedon25- tonal No of Health Care Facilities (HCFs)-operating in the state are 7,273 and available operating Incinerator capacities are 46,800Kgs/day 'including Apr-2022) 7.035 11CFs :ire having Bin Medical Waste (BMW) Authorization. Out of standby) against the average Incinerator utilization capacity for the which .3,792 arc bedded hospitals and remaining 3,481 are non-bedded. The last 05 yrs is 11,327Kgs/day. Autoclave capacities are 43,224 Kg/day hospitals with in-patient facilities- are having 1, 19,135 beds. Notices were,- (including standby) against the average utilization capacity for the last (05 yrs is 4421Kns/day. Shredder capacities are 25726 Kg/day issued to the remaining .HCFs for obtaining authorisation. (including standby) against the average utilization capacity for the last 05 yrs is 1943 K.gs/day. As per BM waste collection & disposal lor the last five years and from the data of I-ICFs after inventorization, the Capacities of the existing CBMWTFs are sufficient to handle the BM Waste for another five years. However, work order was also issued to EPTRI for conducting 3rd party auditing of CBMWTFs and report is awaited.
18State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee Tripura (inputs State Level Advisory Committee .(SLAC) Incompliance with. directions of - The existing state level committee for dealing the NGT issues/directions reported on 1t8- has been Constituted and 6 meetings of the NGT in the matter OA no under the chairmanship of the Chief Secretary, Tripura is reviewing the Feb-2022). SLAC have been convened. 606/2018, a district level task force. for monitoring several status of BMW Rules along with other environmental issues. 16 environmental issues has been meetings of state level committee have been convened in other NGT constituted matter. The district level task force under the chairmanship of the DM & collector is also monitoring the compliance of the Hon'ble NGT as well as other environmental issues Uttar Pradesh State Level Advisory Committee District Level Committees No information provided (inputs reported Constituted and 5 meetings have been constituted in each District and 19 on 09-May- held till now meetings have been convened.
2022) State Status of Compliance of Directions issued to non-
Environmental Gap-Analysis of the BMW CBWTFE capacity available
HCFs and CBWTFs compliant units/ facilities
Compensation Generated
levied
1. The number of total authorization from TSPCB till date is 1150. he incinerable. wastes generated from the dedicated COVID hospital are
2. Regular monitoring of the HCFs are being done by the 'TSPCB: being disposed off through through incinerator. The rest of the waste
3. 19 nos bedded HCFs have already installed STPs.in theor premises. are being disposed in to.the deep burial pit with lid. The wastes TSPCB is collecting and analyzing the treated water samples: on generated. from: microbiological laboratory while testing. the samples monthly basis: directions/Show. cause notices/closure orders are: from suspected and confirmed' COVID patients is being sanitizied. prior being issued to the defaulting HCFs. Tender was floated by the Health to disposal. it is mentioned here that there is ne CBWZIF presently department.to-set up Sewage 'Treatment Plant: selected Public operating in the. State. however, one CBWTE is currently in construction Health Facilities for pre-treatment of the elaboratory waste, phase at Debendra Chandra Nagar, West Tripura:
microbiological waste, blood samples and blood bags through disinfection or sterilization issues. , Tripura (inputs 4. 'Training imparted to all. the officials/workers.. regarding reported handling/treatment © and disposal of... waste. generated during on 18th Feb- treatment/diagnosis/quaratine of. COVID-19: patients "as: well as 2022) common biomedical : wastes.
5. There as. no CBWTE presently operating in the state: however, on eCBWTF is currently in construction phase at Debendra Chandra Nagar, West Tripura. works will commence very soon.
6. The officials of TSPCB have visited' dedicated 'COVID hospital for close monitoring of, collection. segregation, transportation and disposal of all kinds of BMW and solid: waste 19 Uttar Pradesh Total No. of FICFs: 31474 Till now, total EC of Rs (Inputs As per the last annual report of year At present.22 CBWTF are Bedded Has: 17288 1.5062 Cr. has been 2020, total operational and engaged reported on 09- Non bedded HCFs : 14286 imposed against 09 BMW generation was 64038 inBMW management in UP. The cumulative May-2022) Total Authorization: 26030 , CBWTFs in which 47 Lacs has been kg/day. incinerable capacity of them is 94.4 Till now, Prosecution under section 15 of recovered. Till now, total EC has MT/day.
E(P)A.1986 has been imposed against 141 HCF of been filled against the 04HCFs. Till now, Total Rs. 7.60 Cr. Prosecution under section 15 of E(P)/N. 1986 & under Air/Water Act has been filled against these 03 CBWFs, Notices were sent to all unauthorised HCFs for compliance of BMW rules,2016. Notices were sent to all 5444 unauthorized HCFs.
State Action Taken in compliance of BMW Rules, 2016 Action Taken in compliance of Hon'ble NGT Directions Constitution of State No. of Meetings held District Level Meetings convened Constitution of State Meetings convened District Level Meetings convened Advisory Committee Monitoring and MOM Level Committee and MOM Committee and MOM Committee West Bengal State Level Advisory Committee Necessary directions from the (inputs constituted vide District Level Monitoring Constituted on 22.02 2022 and first Department of Health & Family Welfare. Department of Reported on Order no- 453/ 1(09)-MS/ HF/ 0/ MS/ implementation of Rio meeting 21.03.2022) BMW- Medical Waste Management ' convened on 22.02.2022with nodal Environment and West Benga 1 Pollution Control Board have been 02/2017 dated 20.12.2017. Rules 2016 had been constituted officer: Chief Engineer, WPCB issued to the District Magistrates of vide Order no- 455- all. Districts regarding constitution MS/HIVONSIBMW-02/2017 dated of the District Level Committee and 21/12/2017. meeting. Notified designated Officer of DM Office of each District entrusted for liaisoning with WBPCB works will act as a nodal officer of the District Level Monitoring Committee for the respective district.
20State Status of Compliance of Directions issued to non- Environmental Gap-Analysis of the BMW CBWTFE capacity available HCFs and CBWTFs compliant units/ facilities Compensation Generated levied West Bengal No specific details provided. Total biomedical waste generation; 43513.39 kg/day: Six CBWTFs are (Inputs reported operating in State catering to 1,40,000 beds i.e. 35000 kg/day (approx.). on 21-03.2022) However, time to time instructions/ guidelines were issued for safe handling A new CBWTF with treatment capacity of 20,000 beds i.e. 5000 kg/day of BMW to all concerned. (approx.) will be operational soon. Rest of the BMW is treated n Guidelines for COVID 19-Rev 1 to 4, flow chart, do's and don'ts and local Common HW incinerator at ISDF bodies, department agreement for collection disposal of PPE kit. Reporting status of covid 19 waste through app as developed by PCB and advisory on implementation of BMW Rules,2016 and guidelines framed by CPCB 21
10. From the above, it is seen that there still continue huge gaps in compliance of statutory Bio-Medical Waste Management Rules. Unless duly addressed, such gaps will continue to compromise the public health and environment. Thus, remedial action needs to be planned and executed. CPCB has proposed monitoring framework as follows:
"5. Standard Monitoring Framework:
Common Biomedical Waste Treatment Facilities (CBWTFs) as well as Healthcare Facilities (HCFs) are required to function in compliance with standards notified under Biomedical Waste Management Rules, 2016 (BMWM Rules, 2016) and the guidelines issued by Central Pollution Control Board (CPCB) time to time. Monitoring framework for facilities envisages compliance status by HCFs and CBWTFs.
5.1 Compliance by CBWTFs:
Apart from obtaining Consent to Operate and authorization under BMWM Rules, 2016, the CBWTFs are responsible for environmentally safe handling of biomedical waste in its coverage area. Monitoring of compliance by CBWTFs envisaged in following areas;
(a) Operational Compliance : Operational compliance by CBWTFs is related to safe collection, handling, transportation, reception, treatment, and disposal, that include compliance to following activities/aspects; (a) Collection (b) Use of Personal Protective Equipment (PPEs) (c) Transportation of BMW (d) Tracking of BMW (e) Handling at CBWTFs (f) Compliance to norms.
(b) Adequacy of Infrastructure: Adequate infrastructure at CBWTFs is essential for achieving compliance to standards and guidelines. The following infrastructure is essential for auditing performance of CBWTFs.
(a) Vehicles (b) Area of operations (c) Upgradation of Combustion Chamber (d) Upgraded APCDs (e) Waste reception (f) Treated waste handling. SPCBs shall issue appropriate directions to CBWTFs for augmenting infrastructure in time bound manner and maintain records of progress made.
(c) Reporting of data : Data reporting is an essential requirement on part of CBWTFs to report compliance to Rules and service provided. Such data is essentials for SPCBs and other departments such as Health Department to monitor compliance by CBWTFs. The data is also essential to assess the gaps in waste generation and disposal, trends in generation, compliance 22 monitoring, need for additional facilities or capacity enhancement, etc. SPCBs shall ensure that records are maintained by CBWTFs 5.2 Compliance by Healthcare Facilities :
Healthcare Facilities can be monitored on the basis of following parameters:
(a) Segregation and storage Practices : Segregation of biomedical waste is required to be carried out in line with the BMWM Rules, 2016. Healthcare Facilities are required to provide colour coded bins/containers for the segregation. First five steps (Segregation, Collection, pre-treatment, Intramural Transportation and Storage) is the exclusive responsibility of Health Care Facility. While Treatment and Disposal is primarily responsibility of CBWTF operator except for lab and highly infectious waste, which is required to be pre-treated by the HCF.
The management of bio-medical waste can overall be summarized in the following steps;
- Waste Segregation in color coded and barcode labeled
bags/ containers at source of generation
Pre-treat Laboratory and Highly infectious waste
Intra-mural transportation of segregated waste to central
storage area
Temporary storage of biomedical waste in central
storage area - Treatment and Disposal of biomedical
waste through CBWTF or Captive facility.
(b) Storage of Biomedical waste :
Interim storage of bio medical waste is discouraged in the wards
/ different departments of HCF.
If waste is needed to be stored on interim basis in the departments it must be stored in the dirty utility/sections.
No waste should be stored in patient care area and procedures areas such as Operation Theatre. All infectious waste should be immediately removed from such areas.
In absence of dirty utilities/ sections such BMW must be stored in designated place away from patient and visitor traffic or low traffic area.
(c) Intramural Transportation of Biomedical Waste : In house transportation of Bio Medical Waste from site of waste generation/ interim storage to central waste collection centre, within the premises of the hospital must be done in closed trolleys / containers preferably fitted with wheels for easy maneuverability. Such trolleys or carts are designated for the purpose of Bio Medical Waste Collection only.
(d) Reporting of data :
a. Every healthcare facility need to maintain the records w.r.to category wise bio-medical waste generation and its treatment disposal (either by captive facility or through CBWTF) on daily basis.23
b. Category wise quantity of waste generated from the facility must be recorded in Bio Medical Waste Register/logbook being maintained at central waste collection area under the supervision of one designated person.
c. A weighing machine as per the specifications given in CPCB guidelines for bar code system needs to be kept in central waste collection centre of the HCF having 30 or more than 30 nos. of beds for weighing the quantity of Bio Medical Waste.
d. HCFs having less than 30 beds shall maintain records of receipts printed by the CBWTF.
e. Records on Annual Report on bio-medical waste management submitted to SPCB/PCC f. Records w.r.t. Accident Report submitted to SPCB/PCC including "NILL" report.
g. Records shall be maintained on training on BMW Management including both Induction and in service training records.
h. Maintain records for Annual Health check-up of all the employees.
i. Maintain record on Immunisation of all the employees.
j. Records shall be maintained indicating details of accident occurred including preventive and corrective actions taken by the HCFs in relation to such accidents.
k. Records for the operation of the biomedical treatment equipment installed, if any for the treatment of biomedical waste.
l. Records of testing of Effluent generated from health care facility m. Record of recyclable waste (plastic/glass) handed over to the authorized recycler in kg/annum.
The records related to the handling of BMW by healthcare facilities needs to be retained for a period of five years.
(e) Monitoring of Captive Treatment Facilities : The above clause mentioned for CBWTFs shall be applicable for the monitoring of captive treatment facilities installed by Healthcare Facilities.
6. CPCB formats for performance evaluation of CBWTFs and HCFs:
CPCB has prepared Formats for carrying out performance evaluation of healthcare facilities and Common Biomedical Waste Treatment Facilities. The monitoring of HCFs and CBWTFs by CPCB/SPCBs/PCCs be carried out as per the said Formats as given at Annexure I & Annexure II.
7. Inspections and Monitoring Periodic inspection of CBWTFs and HCFs by SPCBs/PCCs is necessary to monitor compliance. SPCBs/PCCs may evolve their own schedule of monitoring and compliance verification, by ensuring the following minimal requirement for inspection and monitoring:
24 S Type of inspection and Frequency of inspection
. Monitoring
N
o
1. Physical Inspection (field visit) Monthly
(verification at site)
2. Inspection cum Monitoring Quarterly
(field visit) (physical verification)
3 Inspection of dumpsites, illegal At least 4 random visits per Annum as well as when
dumps, outside CBWTF / HCF
complaints are received.
premises, etc (field visit)
Inspection of BMW collection
On the random spot checks of vehicles and operations
4 and transport (field
for 3 or 4 occasions in an year.
work in transit)
Daily
5 Monitoring of GPS Tracking
(desktop monitoring)
Monitoring of COVID19 Daily monitoring and reporting to CPCB on App
6
Tracking App (desktop monitoring)
Monitoring of Barcode Daily
Tracking (desktop monitoring)
Daily
7 OCEMS Data
(desktop monitoring)
Inspection of specific As and when necessary
8
complaints (field work) (field investigation)
8. Mechanism to Monitor illegal activities of CBWTFs There have been several complaints against CBWTFs and HCFs for improper handling of BMW. The type of complaints with respect to HCFs range from improper segregation, open dumping of biomedical waste, handing over the untreated biomedical waste to un-registered recyclers etc. whereas with respect of CBWTFs the type of complaints ranges from , illegal transfer to informal recyclers, dumping, high emissions from incinerators, discharge of untreated wastewater, improper transport etc. It is important redress such complaints on priority since improper treatment or disposal may result into spread of diseases.
In view of the numerous incidents of violations, SPCBs/PCCs are required to perform following activities so as to ensure proper monitoring of compliance to BMWM Rules, 2016:
(i) Develop Complaint redressal mechanism through web portal as well as suitable mobile App like Sameer Platform
(ii) Use Social Media Platform to report incidents
(iii) Collect local intelligence rom field staff
(iv) Conduct Periodic random checks
(v) Imposition of Environmental Compensation Charges
9. Development of a web-portal of BMW tracking including integration of online monitoring of waste collection 25 Rule 4 (i) of BMWM Rules, 2016, stipulate that it is the duty of every Health Care Facility (HCF) to establish a bar code system for bags or containers containing biomedical waste (BMW) to be sent out of the premises or place for any purpose, by 27.03.2019. Also, Rule 5 (c) of the BMWM Rules, 2016 stipulates that it is the duty of the every Operator of Common Bio-medical Waste Treatment Facility (CBWTF) to establish bar code system for handling of bio-medical waste. To facilitate implementation of barcode system by Operators CBWTFs and Hospitals at State levels, CPCB has prepared guidelines for "Barcode System for Effective Management of Biomedical Waste"
11. We take on record the factual position of gaps and approve the proposed monitoring framework which may be duly implemented. CMC may continue monitoring and file further compliance status report as per directions in the last part of the order. We also wish to address few significant points.
12. Record of discussion of meeting conducted by the CMC held on 09.05.2022 (Annexure 7 to the report) shows suggestions to modify existing guidelines on the issue of CBMWTFs for better compliance. At the moment only on CBMWTF is allowed in radius of 75 KMs and upto 1000 beds to enable service provider fair return on investment. Important suggestion of Odisha and Punjab PCBs is to reduce limit of 75 km radius for CBMWTF to 40 or 50 km decrease mandatory requirement of 1000 beds for CBWTF facility approx. 500 beds to achieve the aim of 'One district, one Facility'. After all, fair return to investor is not to take precedence over compliance as is being understood in certain quarters.
Relevant extract the discussion in the meeting is as follows:
"5. On the aspect of operation of CBWTFs, the representative of Odisha PCB and Punjab PCB suggested that the limit of 75 km radius for CBMWTF should be further reduced to 40 or 50 km radius, as a prescription of radius in small states allow a player to create monopoly in the area for BMW management. Further, it was also suggested that the mandatory requirement of 1000 beds for CBWTF facility should be decreased to approx. 500 beds to achieve the aim of 'One district, one Facility'. However, the CMC and other stakeholders noted that the proposal needs further 26 discussion among various entities engaged in BMW management."
13. No decision appears to have been taken on such important suggestion. It is well known that inadequate number of treatment Facilities are not able to cater to large areas and large number of beds as it makes daily collection and treatment difficult. This gap results in unscientific disposal of bio-medical waste to the detriment of public health. In this regard, we may refer to observations of the Tribunal in order dated 15.12.2022 in OA No.900/2022, M/s Rainbow Environments Pvt. Ltd. vs. State of Punjab & Ors., as follows:
8. In above background, guidelines on the subject are to be understood. Object of guidelines being to ensure effective treatment of bio medical waste for protection of environment and public health and not merely to advance business interest of a Facility by creating monopoly, prime concern is bridging of gap in compliance of norms for which free play in joints has to be allowed to the statutory prescribed authority under the BMW Rules to take effective measures for better compliance and coverage, including availability of a Facility close to generation of waste and efficiency of existing Facility. ..."
14. Thus, with a view to ensure protection of environment, we find it necessary to direct that pending further decision of the CMC in the matter, radius for permission for additional CBMWTFs will stand reduced to 40 km of existing Facility and number of 1000 beds will stand reduced to 500 beds for addition of a Facility, as suggested by Odisha and Punjab State PCBs. State PCBs will be entitled to further reduce the gap, if found necessary in a fact situation, for ensuring better compliance. Principle of one district one facility cannot be universal as there may be big districts which may require more than one Facility or there may be small districts which may have to be dealt with differently.
15. Second issue which we find necessary to advert to is equipment of District Magistrates with requisite knowledge to enable them to oversee 27 implementation of District Environment Plans in terms of mandate of the Constitution under Article 243G, 243W and 243ZD read with 11th and 12th Schedules to the Constitution. As noted in order dated 07.01.2022, referred to earlier, the Tribunal has issued directions inter alia vide order dated 18.01.2021 in OA No. 710/2017, Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors as follows:
"5. .......As already noted, vide order dated 15.7.2019, direction was issued for preparation of District Environment Plans as per Articles 243G, 243W and 243ZD read with Schedules 11 and 12 of the Constitution. The District Magistrate as head of the District Planning Committee was to monitor compliance of environmental norms, including Bio Medical Waste Management Rules once every month and send a report to the Chief Secretary. Relevant part of the order is extracted below:
"We find it necessary to add that in view of Constitutional provisions under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned. The monthly report of monitoring by the District Magistrate may be furnished to the Chief Secretary and may be placed on the website of the District and kept on such websites for a period of one year. This may be made operative from 1.08.2019."
16. The issue has also been dealt with vide order dated 17.01.2023 in OA No. 360/2018, Shree Nath Sharma vs. Union of India & Ors. with following directions"
"13. We have considered the reports. We are satisfied that further action needs to be taken by the concerned States/UTs in the light of observations and recommendations in the above report. It is well known that there is urgent need for upgrading environmental standards in the country - air, water and land in the interest of public health and in the light of 28 Constitutional goal and mandate. This is not possible without planning. Planning should be at all levels - Districts, States as well as national. This has to be part of ongoing exercise for discharge of State's Constitutional obligation for providing pollution free environment and protection of natural environmental resources under public trust doctrine in the light of applicable statutory regime and earlier orders of the Tribunal. The District Environment plans must contain all relevant data on different thematic subjects, covering each city, town and village, with identified gaps in compliances and set out plan for remedial action in measurable terms with requisite budgetary support to meet estimated cost. It must provide for grievance redressal mechanism with review at higher levels. This can be basis for planning at higher level and also enable monitoring and measurement of progress with reference to baseline data. On that basis there can be further policy making and planning. One of the steps is to identify vulnerable districts with respect to specific environmental issues like sand mining, industrial pollution, stone crushers/brick kilns and mining, ground water depletion etc. so as to give due attention to monitor them. The plans may provide for awarding appreciation to best/ model districts/areas which may be then replicated at other places. Plans may also provide for taking on board civil society and creating awareness through educational, social and charitable institutions, including in coordination with Legal Services Authorities. The District Plans as on 31st December of the year must be finalized with respect to remaining 98 districts expeditiously, preferably within three months. CPCB may follow up with concerned States. Progress in implementation of the plan be placed on website by 31st January every year. Likewise, State Environment Plan, taking into account District Environment Plans or any other relevant data may be finalized by 28th February every year and placed on respective State websites. The CPCB may thereafter in coordination with any other Ministry or authority prepare a consolidated plan based on State Environmental Plans by 31st March every year and place the same on its website. Consolidated national plan may also be filed with the Registrar General of this Tribunal by April 30 every year. If found necessary, the same be placed for consideration before the Bench. Let District, State and National Environmental plans be prepared and updated accordingly on continuous basis annually. Subject to such plans being considered as and when necessary and any grievance being separately considered, the application is disposed of."
17. The Tribunal noted that while DEPs have been prepared and uploaded on websites in about 640 out of 738 districts (about 90%), execution thereof remains a challenge. There are huge gaps in compliance of environmental norms to the detriment of environment and 29 public health. District Magistrates have to provide leadership on the subject at grassroot level. We are not sure whether the subject is part of training imparted in academies for probationers and in-house officers such as LBS National Academy of Administration, Mussoorie, IIPA, New Delhi and other State Academies. It may be desirable that need for such training is considered. National Judicial Academy at Bhopal has included the subject as part of its training to judicial officers. On that pattern, with such further modifications as found necessary, syllabus of Administrative Training Institutes may need to include the subject. We request the Secretary, DoPT, GoI and Chief Secretaries of all States/UTs to consider this aspect in coordination with the Directors of the Academies in question. Such training programs may include not only academic discussion but also undertaking field visits to places where successful environmental compliance models exist. Infact such training may be required in Police Academies/Public Prosecutors also. In the first instance, training may be imparted to all existing District Magistrates and thereafter to others who may have potential to work as District Magistrates or other positions where they may have to deal with such issues.
18. Let the Secretary, DoPT, GoI and Chief Secretaries of all States/UTs consider the issue and file their respective action taken reports with the Tribunal within two months 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. CMC may continue its monitoring and file its further report of compliance status as on 31.03.2023 by April 15, 2023 by e-mail at [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 24.04.2023.
30A copy of this order be forwarded to Secretary, MoEF&CC, Secretary, DoPT, GoI and Chief Secretaries of all States/UTs, LBS National Academy of Administration, Mussoorie, IIPA, New Delhi, NJA Bhopal and District Magistrates/State PCBs/PCCs by e-mail.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM January 23, 2023 M.A. No. 98/2022 IN Original Application No. 180/2021 DV 31