National Green Tribunal
Rajiv Narayan vs Union Of India on 29 January, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 804/2017
(Earlier O. A. No. 36/2012)
Rajiv Narayan & Anr. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 29.01.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Meera Gopal, Advocate
Respondent: Mr. Raj Kumar, Advocate for CPCB
ORDER
1. This order is being passed in continuation of order dated 07.07.2020 on the subject of compliance of the Hazardous and Other Waste (Management and Transboundary Movement Rules, 2019 ("HOWM Rules").
2. Due to alarming situation created by generation and unscientific dumping of hazardous waste resulting in serious and irreversible damage to the environment and public health, the issue was considered by the Hon'ble Supreme Court inter alia in Writ Petition No. 657/1995, The Research Foundation for Science, Technology and Natural Resource Policy Vs. Union of India & Ors., (2005) 10 SCC 510. Directions were issued for preparation of a comprehensive report on illegal hazardous waste dump sites, inventory of generation of such waste, National Inventory for Rehabilitation of Hazardous Waste Dump Sites and Regulation of Import etc. The Hon'ble Supreme Court referred to Basel Convention and 1 MARPOL Convention and also considered and accepted the recommendation of the High-Powered Committee on the subject of handling of hazardous waste generated by the ship breaking process and also the waste oil or such other material. MoEF&CC was directed to consider making a provision for bank guarantee by the importers using used oil, furnace oil and zinc waste to regulate illegal transboundary movement of hazardous waste. Directions were also issued for publication of toxic inventory and community participation. Timelines were prescribed for twenty-nine specified activities to be undertaken by MoEF&CC, CPCB, SPCBs/PCCs. The matter was disposed of vide judgment dated 06.07.2012 reported in (2012) 7 SCC 769 reiterating continued compliance of earlier directions with further directions for scientific handling of hazardous waste including ship breaking, banning import of hazardous waste and reviewing and revising Hazardous Waste (Management and Handling) Rules, 1989 to cover the aspects not satisfactorily dealt with and also to provide adequate protection to the workers and the public.
3. This Tribunal while considering the compliance of order dated 13.01.2015 in O.A. No. 36/2012 relating to pollution at Ghaziabad, vide order dated 29.08.2017 considered the issue of compliance of HOWM Rules seeking information with reference to the following questions:-
"(a) As to what is the total generation of hazardous waste in their respective States.
(b) Which agencies have been authorized in terms of rules to collect, transport, disposed of and the process of the hazardous wastes.
(c) What is the capacity of the plants which have been given due authorization for that purpose.
(d) What happens and how the remnant hazardous waste is being dealt with.
(e) The members who have been allotted any of the authorized plants and are not sending hazardous waste to those plants.2
What action the concerned authorities i.e. the State Government and the respective States and State Pollution Control Boards have taken so far, against such members. These details should be filed within one week from today."
4. The present Original Application was registered after considering the status of compliance. Vide order dated 30.07.2018, this Tribunal directed constitution of a Monitoring Committee by the CPCB to compile information about the status of compliance of the HOWM Rules. Further order was passed on 05.12.2018 in the light of the order of the Hon'ble Supreme Court dated 18.07.2018 transferring consideration of prayers before the Hon'ble Supreme Court on the following issues:-
"(a) Preparation of a National Inventory of Hazardous wastes;
(b) Complete identification and registration of Hazardous wastes generating units in the country;
(c) Construction of TSDF/Landfills;
(d) Hazardous Waste Dump Sites;
(e) Waste oil/used oil read with the order dated 23.10.2007;
(f) Setting up of laboratories at the dock/ports;
(g) Institutional Reforms in MoEF, CPCB, SPCB, PCC;
(h) National policy documents on Hazardous Wastes as well as cleaner technology;
(i) Regarding workers handling hazardous wastes."
5. CPCB constituted a Monitoring Committee on 09.08.2018 and issued following directions to all PCBs and PCCs:-
"(a) Ensure that all the solvent recovery industries in the state have mandatory Authorisation for the same in compliance with the SOP and Checklist issued by CPCB for solvent recovery units, within one month. The said SOP and checklist have been circulated to all SPCBs/PCCs vide letter no. B29016/(SC)/1(55-IV)/17-
18/WMII/18152-86 dated 08/3/2018 and is also available at CPCB website http://cpcb.nic.in/uploads/hwmd/utilizaionspent solvent.pdf.
(b) Ensure that these solvent recovery industries shall immediately follow the SOP, for safe and scientific spent solvent handling, processing and storage.
(c) Ensure that such solvent recovery units shall comply with the provisions of HOWM Rules, 2016, in terms of interstate transport of Hazardous waste and manifest document prescribed under Rule 18 and 19 of the HOWM Rules, 2016, with immediate effect. Stringent action be taken against the erring industries who are giving the 3 spent solvent to such recycling industries without following the manifest systems.
(d) Conduct industry interaction programs within a month to create awareness and sensitization on HOWM Rules, 2016 with all the stakeholder industries of Spent Solvent generation/utilization.
(e) Prepare an inventory of such solvent recovery units and publish the same on their website for information of all, stakeholders within one month with copy to CPCB within one month."
6. In the light of the interim report of the Monitoring Committee, the Tribunal passed order dated 12.04.2019 directing the Chief Secretaries of the States at the State level and Ministry of Environment, Forest and Climate Change (MoEF&CC) and CPCB at the national level to monitor the compliance of the recommendations. The Committee was directed to complete its remaining task within three months. The CPCB was to complete its report on the regime of compensation for violation of the HOWM Rules.
7. Thereafter, vide order dated 26.08.2019, the Tribunal considered the report of the Monitoring Committee dated 23.07.2019 and report of the CPCB dated 14.08.2019 under the following headings:-
"(i) Contaminated Sites and Related Issues
(ii) Import and Export of Hazardous Wastes and Issues
(iii) Waste Reception Facilities for wastes generated from ships and issues
(iv) Impact of HW on Workers' Health
(v) Status of compliance of issues with regard to orders of Hon'ble Supreme Court dated 14.10.2003."
8. The Tribunal accepted the recommendations of the Committee and the CPCB and directed follow up action. The operative part of the directions is quoted below:-
"20. In the light of above, the States/UTs, CPCB/SPCBs/PCCs, the Central Board of Indirect Taxes and Customs (CBIC), the Port Authorities, the DGFT, the MoEF&CC, the Ministry of Shipping, Ministry of Labour and Employment and the 4 Department of Labour of all the concerned States/UTs may take necessary steps in terms of the recommendations of the Committee within the timelines specified. If there is any default, the Tribunal may consider requiring environmental compensation to be paid by the defaulting parties. While doing so following specific steps may be ensured:
i. Hazardous waste inventory be updated and verified by way of test checks to ensure that the same is credible, reliable and robust in terms of contents and scope, as already recommended in the interim report of the Monitoring Committee dated 29.01.2019 which was accepted by the Tribunal on 12.04.2019.
ii. Since it has been reported that State Boards/PCCs of Dadra & Nagar Haveli, Haryana, Daman & Diu, Manipur, Lakshadweep and Nagaland have not furnished the relevant data, the said States/UTs may furnish the data within one month to the CPCB, failing which they will be liable to pay a sum of Rs, 1 lakh per month with effect from 01.10.2019.
iii. As already directed, all the States which have not set up TSDF may do so and the States which fail to set up the same up to 31.03.2020, will be liable to pay environmental compensation of Rs. 10 lakh per month. However, with regard to States which may be categorized as small States, having regard to the quantum and nature of generation of hazardous waste, the liability to pay compensation will start from 01.01.2021. The categorization based on threshold limit of generation of hazardous waste be made by the CPCB within one month from today and placed on its website.
iv. 126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.
v. Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.
vi. With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.
5vii. The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned.
viii. Whenever any difficulty arises, the CPCB may, on being so satisfied, allocate funds from environment funds available with it, which may thereafter be recovered from the concerned defaulters.
ix. The recommendations of the CPCB with regard to the compensation regime on the subject may be adopted, subject to further consideration of orders.
x. The CPCB may oversee the compliance of these directions compile data from all quarters and furnish an interim compliance report before 15.04.2020 by email at judicial- [email protected]."
9. The matter was further reviewed vide order dated 07.07.2020 as follows:-
10. It is in the above background that the present report dated 24.06.2020 has been filed by the CPCB. In short, the report deals with the compliance status as to updating of Hazardous Waste ("HW") inventory, status of setting up of TSDFs, remediation of contaminated sites, completing the process of identification of remaining 'probably' contaminated sites and their remediation and recovery of compensation.
11. We have heard Shri Raj Panjwani, Senior Advocate for the Applicant and Shri Rajkumar, Advocate for the CPCB.
12. The stand of the States PCBs/PCCs and States/UTs is already reflected in the report. Summary of status of compliance with reference to the directions of this Tribunal has been provided by the CPCB as follows:-
"The point wise action taken and status on the directions dated 26/08/2019 of the Hon'ble NGT is as below:
S. Direction of Hon'ble NGT Status of Compliance No. i. Hazardous waste inventory be updated and verified by CPCB has prepared guidelines for way of test checks to ensure "Preparation of Inventory on that the same is credible, Hazardous and Other Waste reliable and robust in terms Generation and their Management"
of contents and scope, as and circulated to all SPCBs/PCCs already recommended in the for preparation and submission of interim report of the annual inventory vide letter dated Monitoring Committee dated 25/06/2019. Same is placed on 6 29/01/2019 which was CPCB website.
accepted by the Tribunal on 12.04.2019. The above guidelines outline the methodology for preparation of inventory; identification of hazardous and other waste generating facilities; collection and interpretation of data; criteria for selection of units for random verification of hazardous and other waste generation and their management; etc. With regard to Annual Inventory for 2018-19:
Out of 35 SPCBs/PCCs, 33 SPCBs/PCCs (except Arunachal Pradesh and DDD&NH) submitted the inventory report.
Various gaps (such as mismatch in hazardous waste generated/ managed/ received/sent/no. of recyclers/utilizers, authorized capacity and quantity recycled/utilized) have been identified by CPCB in the said annual inventory of SPCBs/PCCs and same were communicated to respective SPCBs/PCCs.
Of 33, only 25 SPCBs/PCCs have submitted the revised annual inventory report, however, few gaps have still not been clarified Based on the information provided by 33 SPCBs/PCCs, CPCB has prepared National Inventory Report on Hazardous and Other Waste Generation and its Management (2018-19).
Findings of National inventory on Generation and Management of Hazardous waste is appended as Appendix A and State-wise inventory report on generation and management of hazardous and other wastes is appended at Annexure- 2 of CPCB report -June, 2020.7
CPCB is in the process of verification (random test checks) of annual inventory submitted by SPCBs/PCCs through government institutes/organisations ii. Since it has been reported Except Lakshadweep, all the 04 that State Boards/PCCs of SPCBs/PCCs (Haryana, Manipur, Dadra & Nagar Haveli, Nagaland and DDN&NH) submitted Haryana, Daman & Diu, their reports within the timeline. Manipur, Lakshadweep and Nagaland have not However, in view of no response from furnished the relevant data, Lakshadweep, CPCB vide its letter the said States/UTs may dated 04/10/2019 followed by furnish the data within one reminder letter dated 19/12/2019 month to the CPCB, failing directed for submission of report and which they will be liable to deposition of penalty of Rs. 03 lakhs pay a sum of Rs, 1 lakh per (i.e. Rs 01 lakh per month w.e.f.
month with effect from 01/10/2019).
01.10.2019.
Lakshadweep vide its letter dated
25/12/2019 submitted its report
along with penalty of Rs. 03 lakhs to
CPCB.
iii. As already directed, all the CPCB has prepared a document on
States which have not set Categorization of States as small
up TSDF may do so and the states based on Threshold Limit of
States which fail to set up Generation of Hazardous Waste and
the same up to 31.03.2020, placed on the CPCB website The
will be liable to pay same has also been submitted to
environmental compensation Hon'ble NGT on 26/09/2019.
of Rs. 10 lakhs per month.
However, with regard to "Conclusion/Recommendations of
States which may be the document:
categorized as small States,
having regard to the The development of common
quantum and nature of TSDF is a must for treatment and
generation of hazardous disposal of atleast for
waste, the liability to pay landfillable hazardous waste
compensation will start from regardless of where the TSDF is
01.01.2021. The located or going to be located;
categorization based on
threshold limit of generation States/UTs generating 5000 MTA of hazardous waste be or more of the landfillable made by the CPCB within hazardous waste need to take one month from today and immediate action for placed on its website. commissioning of common TSDF States/UTs generating more than 500 MTA or less than 5000 MTA of landfillable hazardous waste may be categorized as Small States for the purpose of taking of action proposed in the order of 8 the Hon'ble NGT and States/UT generating less than 500 MTA of land fillable hazardous waste may be permitted for the inter-state transport of hazardous waste for its treatment and disposal and making sharing arrangement with the authorized common TSDF of the neighboring States/UT."
The aforesaid document is appended at Annexure- 3 of CPCB report -June, 2020.
On the basis of aforesaid categorization, of the 17 States/UTs (not having Common TSDF), Chhattisgarh and Assam to setup TSDF by 31/03/2020 and Delhi & Goa by 01/01/2021.
Assam and Chhattisgarh, both the States have identified the land.
Further, Assam has to finalize Expression of Interest for inviting bids and Chhattisgarh to finalize the Bidder for award of work w.r.t setting up of TSDF.
Status on Setting up of TSDF is appended at Appendix B and details provided in Chapter 2 of the CPCB report- June 2020.
iv- Status of compliance on Contaminated sites is given below:
viii (details may refer at page 225 at Chapter-8 of status report of CPCB) Hon'ble NGT orders dated 26.08.2019 pertains to "Contaminated Sites" as reproduced below:
"............ iv. 126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.
v. Failure to remove the waste from the 126 identified sites will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB.9
Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.
vi. With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.
vii. The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned..................."
In compliance to order of Hon'ble NGT dated 26.08.2019, actions initiated by CPCB:
(i) CPCB communicated aforesaid order of Hon'ble NGT letter dated to 21 SPCBs/PCCs for taking necessary action and 06.09.2019 submission of Action taken reports on 'Assessment of Contaminated Sites'
(ii) CPCB reminder along Guidance document on 03 letters "Assessment and remediation of contaminated sites" and 06 e-
issued by MoEF&CC was communicated to 21 mails SPCBs/PCC
(iii) To review the compliance to aforesaid directions of 3rd - 4th Hon'ble NGT, interactive meeting was organized with February, the officials of SPCBs/PCCs at CPCB Delhi 2020 In response to CPCB letters and email communications, 19 out of 21 SPCBs/PCC have submitted their information/Status Report on Action Taken/Initiated for "Assessment of contaminated sites" till 22.06.2020. However, no information received from Chhattisgarh & Rajasthan SPCBs.
State wise Compliance status on Action taken/initiated by SPCBs/PCCs is given at Section-C & D of Chapter 8 (pls refer page 228 of status report of CPCB).
Overall summary of contaminated sites in India 126 Contaminated Sites list Total sites No. of submitted before Hon'ble NGT S. submitted active Name of the 55 sites (DPRs/ 71 sites No. before NGT in sites* till States/UT Remediation (DPR 2019 date completed/on-going) required)
1. Andhra Pradesh (AP) 3 3* 1** 2. Assam (AS) 4 4 1 3. Delhi (DL) 26 26 4 4. Goa (GA) 2 2 1 5. Gujarat (GJ) 23 23* 1*** 7 6. Haryana (HR) 17 17 3 7. Himachal Pradesh 6 6 1
8. (HP) Jharkhand (JH) 14 14 2 10 9. Karnataka (KA) 25 25 5 10. Kerala (KL) 13 10 4 (1## &1###) 2 11. Madhya Pradesh (MP) 20 20* 4 (1###) 2 12. Maharashtra (MH) 5 6* 1*** 1 13. Odisha (OD) 31 32* 4(3##) 18 14. Punjab (PB) 9 9 6 15. Tamil Nadu (TN) 14 11 3 (2***) 3 16. Telangana (TS) 9 9 1 1
17. Uttar Pradesh (UP) 40 42* 8 (2*** & 2##) 10 18. Uttarakhand (UK) 9 9 1
19. West Bengal (WB) 35 7 27 (1**, 1##& 25###) 20. Chhattisgarh (CH) 5 5 2 21. Rajasthan (RJ) 11 11 1 1 Total 321 291 55 71 Note:
(a) Contaminated sites - 126 (55+71) sites Till June, 2020
(b) Probable sites - 195 sites Total sites: 291 sites
(c) New sites* - 7 sites (AP-1, GJ-1, MH-1, MP-1, OD-1, UP-2) (PCS-175 and CS-116) (d )De-listed - 37 sites (AP-1, KL-3, GJ-1, MP-1, TN-3, WB-28) A. Summary of 55 sites:
** Remediation completed 2 sites: AP-1#& WB-1# *** Remediation on-going 6 sites: GJ-1, MH-1, TN-2 & UP-2 ## Remediation about to initiate 7 sites: KL-1, OD-3, UP-2 & WB-1 ### Remediation not required 27 KL-1# , MP-1#& WB-25# Assessment completed sites:
1 site: RJ-1
DPR about to complete 3 sites: MP-3
Remediation work couldn't initiated due to court 1 site: TS-1
matter
DPR prepared, remediation not yet initiated 8 sites: KL-2, OD-1, TN-1 & UP-4
(#de-listed site)
Further, HW still lying at the sites (as 8 sites: KL-1, MP-1, OD-4, TN-1 & UP
per detailed investigation report/DPR 1
prepared)
Wherein proposal for lifting and disposal of 5 sites: MP-1, OD-3 & UP-1 HW through TSDF/SLF by State/SPCBs/Responsible Party B. Summary of 71 sites:
Preliminary Assessment done 41 sites: AS-1, GJ-7, HR-3, HP-1, KL-2 (1#), (#de-listed site) MP-2, OD-17, PB-3, TN-2 & UP-3 Preliminary Assessment on-going 1 site: JH-1 Only site inspection carried out, however 15 sites: KA-5, MH-1, OD-1, TN-1 & UP-7 sampling not done Remedial action initiated 1 site: JH-1 Remedial action proposed 1 site: TS-1 11 Information not received from SPCBs/PCC 12 sites: CH-2, DL-4, GA-1, PB-3 RJ-1 & UK-1
Further as per preliminary assessment report, 2 sites: GJ-01 & UP-1 HW lifted/removed HW not observed 11 sites: HP-1, KA-1, TN-2 & UP-3 C. Summary of 195 Probable sites:
Preliminary Assessment done 95 sites: AP-1, AS-3, DL-9, GA-1, GJ-15, HR-
14, HP-5, JH-3, KA-1, KL-4(1#), MP-14, OD-6, PB-1, TN-5 (3#), UP-8 & UK-5 Preliminary Assessment on-going 8 sites: JH-8 Only site inspection carried out, however 66 sites: AP-1, DL-13, JH-1, KA-18, KL-3, TN-3, TS-7, UP-12 & WB-8 (2#) sampling not done Preliminary Assessment about to start 3 sites: MH-3 Remediation on-going 1 site: KA-1 Sampling not carried out as GPS location 4 sites: OD-3 & UK-1 was not matched with the site Information not received from SPCBs/PCC 18 sites: CH-3, PB-2, RJ-9, UP-2 & UK-2 Further as per preliminary assessment report, 4 sites: DL-1, GA-1, GJ-1#& UP-1 HW lifted/removed from the sites HW not observed 33 sites: HR-8, HP-5, TN-1, TS-5 & UP-15 D. Status of 07 new sites (AP-1, GJ-1, MP-1, MH-1, OD-1 & UP-2):
Preliminary Assessment done by CPCB 1 site: UP-1 Assessment on-going 3 sites: AP-1, MP-1 & OD-1 Only site inspection carried out, & HW 2 sites: MH-1 & UP-1 lifted/ removed from the sites; however, sampling not done No information from SPCB 1 site: GJ-1 Observations:-
Action taken reports submitted by the SPCBs/PCC are examined by CPCB and following observations are made as below: i. SPCBs/PCC have carried out only few sampling of limited matrices for most of the sites. Therefore, conclusion may not be drawn whether the site is contaminated or not, even if the concentrations levels reported within the standards/levels.
ii. Few SPCBs/PCC have carried out only site inspection. However, no sampling was done.12
iii. Majority of the SPCBs/PCC, except AP, Assam, Gujarat, Haryana, HP, Kerala, MP & Odisha have not submitted proper inspection reports along with analysis results and site visit photographs for most of the sites.
iv. Few sites were found at/nearby Temples, residential colonies and where construction of flyover activities were already done, etc. v. None of the states/UT, except Odisha has constituted Empowered Monitoring Committee (EMP) for monitoring of Remediation Plans.
Recommendations
S. No. Activity Target
i. In case of Probable contaminated sites, SPCBs/PCC 45 days
shall carry out.
Preliminary site investigation as per
"Reference document on Identification, Inspection and Assessment of Contaminated Sites" prepared by CPCB.
Site investigation report as per prescribed format may be submitted to CPCB for further assessment.
ii. In case of contaminated sites, SPCBs/PCC shall carry 3 months out detailed site investigation, as per "Reference document on Identification, Inspection and Assessment of Contaminated Sites" prepared by CPCB and "Guidance document on Assessment and Remediation of contaminated sites in India" issued by MoEF&CC.
Detailed investigation report may be submitted to CPCB.
If Remediation needed, SPCBs/PCC may take Within 45 days necessary and submit remediation plan to CPCB for (after further course of action. completion of investigation study) iii. SPCBs shall ensure lifting of hazardous waste still 3 months accumulated at sites, wherein DPRs already prepared under NCEF Project.
iv. SPCBs/PCCs to ensure that the hazardous waste 3 months accumulated/lying at all such identified sites/any new sites shall be disposed off either through TSDF or on-site SLF on priority to stop further contamination.
Wherein, HW is lifted/removed from the site, SPCB/PCC shall carryout detailed investigation followed by remediation, if needed (as above ii) v. SPCBs/PCCs to ensure that the hazardous waste 1 month accumulated/lying at all such identified sites/any new sites shall be disposed off either through TSDF or on-site SLF on priority to stop further contamination.
Wherein, HW is lifted/removed from the site, SPCB/PCC shall carryout detailed investigation 13 followed by remediation, if needed (as above ii) vi. Financial supports for execution of project on 4 months remediation of the contaminated sites may be arranged to SPCBs/PCC so that the detailed investigation studies followed by remediation works can be undertaken on priority - By State/Central Govts.
Note: Preliminary sites investigation/detailed investigation followed by Remediation may be carried out - By SPCBs/PCC by engaging reputed Remediation Consultants.
Way Forward:
i) Need of National Policy on Management of contaminated sites.
ii) Need to update Inventory of contaminated sites.
iii) Immediate remedial actions for priority contaminated sites.
iv) Remediation of orphan sites through funding from State/Central Govts.
v) Compliance status on Recommendations of the Monitoring Committee related to Contaminated sites are as below:
S. Recommendations of the Committee Compliance status No.
1. Disposal of hazardous wastes accumulated at identified sites:
(i) CPCB/SPCBs/PCCs to ensure that Detailed information is given at Section-C & D the hazardous waste accumulated at of Chapter 8 (page 228 to 308) for kind all such identified sites shall be reference.
disposed of either through Treatment, Storage and Disposal Facilities (TSDFs) or onsite secured landfilling (SLF) on priority to stop further contamination (CPCB/ SPCBs/PCCs: 06 months)
2. Guidelines for Identification and Assessment of Contaminated Sites:
(i) For a consistent and uniform Guidance document on Assessment application and approach across and remediation of Contaminated Sites in the country, guidelines for India issued by MoEF&CC, communicated to 21 identification and assessment of SPCBs/PCC. Based on this guidance document, contaminated sites shall be published. a "Reference document on identification inspection and assessment of contaminated (CPCB: 03 months) sites in India" has been prepared by CPCB is given at Annexure-XIII (page 421) for kind reference.
3. Assessment and remediation of Contaminated sites:
14(i) Capacity building program for officials (i) MoEF&CC sponsored "Five - Day of SPCBs/PCCs on the entire process of International Seminar/workshop on remediation, Contaminated Sites; and Demonstration Sessions / Workshop on (CPCB: 06 months) Environmental Subsurfa Investigations"
was organized by IIT Delhi during 17-21
(ii) Assessment of about 195 probable February, 2020 for the officials of contaminated sites and any new MoEF&CC/CPCB/SPCBs, Academic, etc. is additional sites recommended by given at Annexure-XIV (page 458) for kind CPCB/ SPCBs/PCCs shall be completed reference. CPCB has proposed a 3 separate within period of 1 year after publication training programs on identification and of such guidance document by CPCB. assessment of contaminated Recommendations of the Committee Compliance status (CPCB/SPCBs/PCCs: 1 year) Sites for the officials of SPCBs/PCCs for the
(iii) For effective implementation of financial year 2020-21.
the remediation plan at State level, Empowered Monitoring Committee (i) Detailed progress on assessment of probable chaired by Principal Secretary contaminated sites under taken by Department of Environment having SPCBs/PCCs is given at Section-C of Chapter 8 representatives from department of for kind reference.
Industries, SPCB/PC, Groundwater (ii) Odisha SPCB has informed vide its letter
development agency, etc. shall be
dated 19.05.2020 that at State level
constituted.
Empowered Monitoring Committee (EMC) has been constituted.
(State Govt: 04 months)
4. Financial Arrangements for remediation of contaminated sites:
(i) Financial arrangements between It is humbly submitted that MoEF&CC has Central-State Governments for the proposed remediation projects sanctioned central share under National Clean shall be resolved immediately so Energy Fund (NCEF) scheme of Rs. 15.5 crore that the remediation works as proposed for preparation of DPRs for 08 areas in DPRs can be undertaken on priority. contaminated (containing 21 sites) for These DPRs (2017-18 and 2018-19) may remediation.
need to be revisited in no action is Further, it is humbly submitted that there is no taken in a reasonable time for funding for execution of remediation works, execution of remediation works.
since NCEF scheme has been discontinued by
(ii) Govt. should take up on priority not Govt. of India. The DPRs along with templates only remediation projects at the sites of bidding have been forwarded to concerned where DPRs have been prepared but also State Govts and SPCBs with request to the assessment of about 195 sites, implement remediation works. besides any new addition of potentially contaminated site, if any.
(MoEF&CC/State Govt.: 06 months)
5. Networking of Academic and Research Institutes:
15(i)MoEF&CC/CPCB/ SPCBs/PCCs shall (i) A project sponsored by MoEF&CC at IIT undertake action research and Delhi, a National Network of Experts and also promote academic courses on this Resources for Subsurface Investigations a subject in association with academic Remediation of Contaminated Sites (NERCS) and research institutions. has been formed. In this regard, Web page of NERCS is given at Annexure-XV (page 507) (MoEF&CC/CPCB/SPCBs/PCCs: 06 for kind reference.
months) 16 Table-8.1 Summary of state wise site distribution as per action taken report submitted by SPCBs/PCC (Ref: page 227 of CPCB status report) Status submitted HW still Updated status as on June, On-going HW not before the lying at the HW Proposed DPRs and Assessment/ observed S. Hon'ble NGT 2020 site removed/ States/UTs De-listed Remediation Remediation (as per site No. (as per DPR lifted from Probable sites completed works inspection Total Sites Total Contaminated prepared by the sites Sites by SPCBs) (PCS +CS) Sites* Sites (CS) CPCB) 1 Andhra Pradesh 3 (2+1) 3* (PCS) 3 0 1 1 1 2 Assam 4 (3+1) 4 2 2 3 Chhattisgarh 5 (3+2) 5 3 2 4 Delhi (NCR) 26 (22+4) 26 14 12 5 Goa 2 (1+1) 2 2 1 6 Gujarat 23 (15+8) 23* 15 8 1 1 2 7 Haryana 17 (14+3) 17 13 4 8 8 Himachal Pradesh 6 (5+1) 6 5 1 6 9 Jharkhand 14 (12+2) 14 12 2 10 10 Karnataka 25 (20+5) 25 19 6 1 11 Kerala 13 (7+6) 10 6 4 3 4 1 12 Madhya Pradesh 20 (14+6) 20* 16 4 1 4 1 1 13 Maharashtra 5 (3+2) 6* 3 3 1 1 14 Odisha 31 (9+22) 32* 9 23 4 4 15 Punjab 9 (3+6) 9 3 6 16 Rajasthan 11 (9+2) 11 9 2 17 Tamil Nadu 14 (8+6) 11 5 6 3 1 2 1 3 18 Telangana 9 (7+2) 9 7 2 1 5 19 Uttar Pradesh 40 (22+18) 42* 17 25 7 2 1 18 3 20 Uttarakhand 9 (8+1) 9 8 1 21 West Bengal 35 (8+27) 7 6 1 28 27 Total 321 (195+126) 291* 175 116 37 48 18 8 40 8 Note:* including new 07 sites 17 ix. The recommendations of the CPCB with regard to the compensation regime on the subject may be ----
adopted, subject to further
consideration of orders.
x. The CPCB may oversee the compliance In compliance of the aforesaid orders, CPCB has
of these directions compile data from submitted "Status Report on Compliance
all quarters (i.e. recommendations of Recommendations of the Monitoring
of Monitoring Committee) and furnish Committee on Management of Hazardous Waste
an interim compliance report... and Directions of the Hon'ble Tribunal" on
24/06/2020. dated 30/01/2019 incase of Spent solvent recovery units on the basis of responses received from units on the basis of responses received from SPCBs/PCCs, the status is given at Appendix C and details provided in Chapter 4 of CPCB report- June 2020.
Compliance of Recommendations in Interim Report:-
> CPCB formulated a format (incorporating key indicators) and forwarded the same to all SPCBs/PCCs for submission of quarterly implementation status on the recommendations made by Monitoring Committee in its interim report.
> Further, CPCB continuously followed up with the SPCBs/PCCs for submission of the quarterly information.On the basis of the information Submitted by SPCBs/PCCs, CPCB has compiled quarterly compliance status and submitted the same before Hon'ble NGT on 24/06/2020. The overall status is appended at Appendix D and details are provided in Chapter 5 of CPCB report- June 2020.
Compliance of Recommendations in Final Report:
> CPCB conducted two interactive meetings with various organizations viz., CBIC, DGFT, DG(S), SPCBs/PCCs, MoEF&CC, followed by field visitsto two Ports & one Waste Oil Recycler in Maharashtra, besides forwarding questionnaire to the concerned organizations/departments forensuring compliance with rigorous follow ups.18
> With regard to recommendations related to impact of hazardous wastes on workers' health and waste reception facility to deal with ship generated wastes progressive steps have been taken by the concerned organizations (viz., Ministry of Shipping Ministry of Environment, Forest and ClimateChangean Ministry of Labour) toensure compliance. Whereas, recommendations pertaining to SPCBs/PCCs, Port Authorities and Department of Labour of States/UT Government needs to addressed on a continuous basis.
With regard to import/export of hazardous wastes, further actions are required to be taken by Central Board of Indirect Taxes and Customs (CBIC), Directorate General of Foreign Trade (DGFT) and Port Authorities with review by Ministry of Environment, Forest and Climate Change on a regular basis to ensure compliance of the Hon'ble NGT dated 26.08.2019.
>CPCB has constituted a National Expert Committee to devise National Hazardous Waste Management Policy covering the aspects related to strengthening of institutional framework of regulatory agencies and Research & Development initiatives including Clean Technology besides hazardous waste management issues.
>On the basis of the information submitted by the concerned organizations, CPCB has prepared compliance status report and submitted the same before Hon'ble NGT on 24.06.2020. The overall compliance status of various organizations is appended at Appendix E and details are provided in Chapter 6 of CPCB report- June 2020.
The way forward and recommendations based on the compliance status submitted by concerned stakeholders, have been given in Appendix F and also given in Chapter 7 of CPCB report-June, 2020.
13. Shri Panjwani has referred to certain parts of the report to show that timelines for remediation have not been given, information of land fill sites is not complete, ground water and soil testing have not been done and that there are huge gaps in compliance of the Rules but no adequate action has been taken against the violations in the form of recovery and compensation or otherwise. He pointed out that, vide order dated 26.08.2019, this Tribunal had directed that States which do not set up TSDF by 31.03.2020 will be liable to pay compensation @ Rs. 10 lakh per month and in view of failure of 19 the States of Assam and Chhattisgarh or any other State, CPCB may recover such compensation. He further submitted that the State PCB should carryout inspection and conduct chemical analysis tests on all parameter of soil, surface, ground water, sedimentation etc. of the contaminated sites and submit said reports within 4 weeks to the CPCB, failing which they should be liable to pay compensation. PCBs may also provide information about the quantum of waste removed from 126 contaminated sites and the cost incurred which may be recovered from the generators of such waste. PCBs may also provide information about DPRs for 71 confirmed contaminated sites. Compensation may also be recovered from the States who failed to clear the hazardous waste sites in terms of directions of this Tribunal. Further submission is that CPCB and PCBs/PCCs may invoke their powers under the Rules to recover compensation for improper handling and management of waste, prosecute defaulters, document non-compliances and update their websites giving (a) details of industries, (b) date of inspection including collection of effluent or other samples, (c) whether unit is compliant or not, (d) if non-compliant then action taken including the date of notice if any sent to defaulter. CPCB may develop framework for enforcement of the Rules. Let these aspects be looked into by CPCB and response included in next report.
14. We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle. CPCB and PCBs/PCCs may not permit any new industry having potential to generate hazardous waste till facilities for disposal of such waste are ensured. Apart from this, following specific directions may be complied with:
i. CPCB may set up a system to cross verify the status of hazardous waste generating industries (at least 10% in each State) and also direct SPCBs/PCCs to impose environmental compensation against delinquent industries.
ii. Regarding remediation of contaminated sites, immediately 5 sites should be taken for remediation and executed within a period of six months. Environmental damages caused by such sites and loss in terms of monetary resources may also be estimated.
15. We direct all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
2010. Accordingly, further report dated 27.01.2021 has been filed by the CPCB mentioning the action taken in compliance of order of this Tribunal dated 07.07.2020 as follows:-
"
1. ACTION TAKEN ON COMPLIANCE OF THE DIRECTIONS DATED 07/07/2020 OF THE HON'BLE TRIBUNAL The details on the action taken, status on compliance vis-a-vis directions issued by the Hon'ble Tribunal is as below:
Direction in Para 13 "...vide order dated 26.08.2019, this Tribunal had directed that States which do not set up TSDF by 31.03.2020 will be liable to pay compensation @ Rs. 10 lakh per month and in view of failure of the States of Assam and Chhattisgarh or any other State, CPCB may recover such compensation..."
Action Taken/ Status: In compliance of the aforesaid direction, CPCB vide its letter dated 06/08/2020 directed SPCBs of Assam and Chhattisgarh to deposit compensation and provide status of setting up of TSDF. However, Chhattisgarh Environment Conservation Board vide its letter dated 28/08/2020 has apprised that as per Rule 16(1) of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, the State Government, occupier, operator of a facility or any association of occupiers shall individually or jointly or severally is responsible for identification of sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the State. Thus, CPCB vide its letter dated 09/09/2020 requested the Chief Secretaries of the above states to direct the concerned department (responsible for setting up of TSDF in their State) for deposition of compensation.
In response, Environment and Forest Department, Government of Assam vide its letter dated 30/09/2020 requested CPCB to move application before Hon'ble NGT to condone the compensation, reporting that the delay in setting up was caused by CAB agitation followed by COVID-19 pandemic. In this regard, CPCB vide its letter dated 23/11/2020 requested the Environment and Forest Department to directly approach Hon'ble NGT for any relief in the matter. Whereas, in view of no response from State of Chhattisgarh, reminder letter to Chief Secretary of Chhattisgarh was issued on 23/11/2020. Details of the communication made and responses received are appended as Annexure II.
Direction in para 13 "....the State PCB should carryout inspection and conduct chemical analysis tests on all parameter of soil, surface, ground water, sedimentation etc. of the contaminated sites and submit said reports within 4 weeks to the CPCB, failing which they should be liable to pay compensation. PCBs may also provide information about the quantum of waste removed from 126 contaminated sites and the cost incurred which may be recovered from the generators of such waste. PCBs may also provide information about DPRs for 71 confirmed contaminated sites. Compensation may also be recovered from the States who failed to clear the hazardous waste sites in terms of directions of this tribunal...."
21Action Taken/ Status:
The status on the above direction is provided at Section 4 of this report.
Direction in Para 13 "...CPCB and PCBs/PCCs may invoke their powers under the Rules to recover compensation for improper handling and management of waste, prosecute defaulters, document non-compliances and update their websites giving (a) details of industries, (b) date of inspection including collection of effluent or other samples, (c) whether unit is compliant or not, (d) if non- compliant then action taken including the date of notice if any sent to defaulter. CPCB may develop framework for enforcement of the Rules. Let these aspects be looked into by CPCB and response included in next report..."
Action Taken/ Status:
In this regard, CPCB has prepared "Enforcement Framework for Effective Implementation of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016" in July 2019. The said framework includes various enforcement tools, tracking of non-compliances, categorization of non-compliances and approach for application of the said enforcement tools in cases of non-compliances of the HOWM Rules, 2016. The said framework is available on CPCB at https://cpcb.nic.in/uploads/hwmd/Guidelines_ HW_1.pdf. The same has also been circulated to all SPCBs/ PCCs vide letter dated 18/07/2019. Subsequent to the above directions dated 07/07/2020, CPCB vide its letter dated 27/08/2020 again communicated the aforesaid framework to all SPCBs/PCCs.
The details on all the enforcement action taken by CPCB alongwith details of the industry and action initiated as directed above, is available on CPCB website and the same is updated on regular basis.
Further, based on the responses received from 34 SPCBs/PCCs the status on powers invoked on the non-compliance by SPCBs is given as below:
22 S.No States/UTs No. of No. of No. of units against which action has been defaulting habitual generated units defaulte Rule Rule Refusal/ Prosecutio FIR rs 23(1) 23(2) Revocation n under Lodge enforc enforc E(P)A, d ed ed 1986 1. Andman & 0 - - - - - - Nicobar Islands 2. Andhra Pradesh Relevant details not provided in prescribed format 3. Arunachal 01 01 01 0 0 0 0 Pradesh 4. Assam Relevant details not provided in prescribed format 5. Bihar* 05 0 0 0 0 0 0 6. Chandigarh Relevant details not provided in prescribed format 7. Chhattisgarh 04 0 0 04 0 0 0 8. Delhi - - - - - - - 9. Goa - - - - - - - 10. Gujarat Relevant details not provided in prescribed format 11. Himachal Relevant details not provided in prescribed format Pradesh 12. Haryana 07 0 0 0 07 0 0 13. Jammu & 30# - - - - - - Kashmir 14. Jharkhand Relevant details not provided in prescribed format 15. Karnataka Relevant details not provided in prescribed format 16. Kerala Relevant details not provided in prescribed format 17. Lakshadweep - - - - - - - 18. Madhya Pradesh - - - - - - - 19. Maharashtra - - - - - - - 20. Manipur Relevant details not provided in prescribed format 21. Meghalaya 2 0 0 0 2 0 0 22. Mizoram 7^ 0 0 0 0 0 0 23. Nagaland* Relevant details not provided in prescribed format 24. Odisha - - 3 3 1 0 0 25. Puducherry 8 2 0 0 2 0 0 26. Punjab 36 0 0 0 0 0 0 27. Rajasthan 18 0 0 0 18 0 0 28. Sikkim - - - - - - - 29. Tamil Nadu 3 0 3 0 0 0 0 30. Telangana 14$ - - - - - - 31. Tripura Relevant details not provided in prescribed format 32. Uttar Pradesh 64 - - - - - - 33. Uttarakhand* Relevant details not provided in prescribed format 34. West Bengal Relevant details not provided in prescribed format
* Compliance status not provided as per prescribed format. $ The Board issued closure orders to the 14 units for causing air and water pollution under Water and Air Act and not exclusively for violation of Hazardous Waste Rules. # Notices issued to all 30 units and closure issued to 03 units ^ 03 units were directed to apply for Authorization and 04 units were directed to apply for consent Direction in Para 14 "...We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle. CPCB and PCBs/PCCs may not permit any new industry having potential to generate hazardous waste till facilities for disposal of such waste are ensured..."23
Action Taken/ Status:
CPCB has been continuously following up with the implementing agencies to ensure compliance. CPCB also issues directions and imposes compensation on 'Polluter Pays' principle for violations of provisions of HOWM Rules and environmental damages noticed as and when required. As per Rule 6 of the HOWM Rules, 2016, SPCB/PCC is the prescribed authority to grant authorization for generation, handling, storage, treatment, utilisation, disposal, etc. of hazardous and other waste, therefore, CPCB vide its letter dated 27/08/2020 directed all the 17 SPCBs/PCCs (which are not having facility/arrangement for disposal of Hazardous waste) not to grant permit to any new hazardous waste generating unit till the facility for disposal of such waste is ensured and revoke the permission granted to any new unit after 08/07/2020, if any.
Direction in Para 14 "...CPCB may set up a system to cross verify the status of hazardous waste generating industries (at least 10% in each State) and also direct SPCBs/PCCs to impose environmental compensation against delinquent industries..."
Action Taken/ Status:
As directed, CPCB has developed Mechanism to cross verify the status of hazardous waste generating/handling industries in consultation with SPCBs/PCCs.
"The criterion for selection of units as laid down in the said monitoring mechanism is as below:
A) SPCBs/PCCs
S.No Number of Units in Criteria
State/UT
1. Less than 25 100%
2. 26-50 50% or atleast 20 units, whichever is more
3. 51 onwards 10% or atleast 30 units, whichever is more
B) CPCB
S.No Number of Units in Criteria
State/UT*
1. Less than 1000 10% or atleast 50 units, whichever is more
2. 1001-3000 5%
3. 3001-5000 2.5 %
4. 5001- 8000 1.25 %
5. 8001-10000 1%
6. 10001 onwards 0.75 %
Note: * Represents total number of units falling in the jurisdiction of Regional Directorates of CPCB to be verified in a year (including few units already verified by the SPCBs/PCCs).
The selection of the units for cross verification should be in such a manner that the units identified for the purpose covers sectors contributing to major hazardous or other waste generation or handling. Further, it may also include recyclers; utilisers; pre-processor; co-processors; collection facilities and disposal facilities covering large, medium and small-scale industries."
24The said mechanism alongwith methodology/approach to be adopted and format for reporting was circulated to all SPCBs/PCCs vide letter dated 15/10/2020 to adopt the said mechanism with effect from next financial year i.e. April, 2021 onwards and submit half-yearly status report on verification of the industries in the prescribed format specified therein. It was also directed to impose environmental compensation (EC) on defaulting units found during the cross verification. The copy of the said "Mechanism to cross verify the status of hazardous waste generating/handling industries" is enclosed at Annexure-III.
Direction in Para 15 "...
all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020...." Action Taken/ Status:
In accordance with the orders of the Hon'ble Tribunal, CPCB vide letter dated 20/07/2020 forwarded the orders dated (uploaded) 07/07/2020 of the Hon'ble Tribunal to all Chief Secretary and SPCBs/PCCs for taking necessary action and submit the compliance status to CPCB in the specified format within the prescribed timeline.
State-specific format has been prepared by CPCB for submission of compliance status on the recommendations made in the Interim and Final report of the Monitoring Committee (excluding recommendations pertaining to contaminated site).
Reminder letter dated 28/10/2020 was also issued to 25 SPCBs/PCCs namely A&N Inland, Arunachal Pradesh, Assam, Bihar, Chandigarh, Delhi, DDD&NH, Goa, Haryana, Jammu & Kashmir, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Punjab, Puducherry, Rajasthan, Tamil Nadu, Telangana, Uttar, Pradesh, Uttarakhand and West Bengal (who have not submitted compliance status report to CPCB).
CPCB vide its letter dated 15/07/2020 also communicated the orders of the Hon'ble Tribunal to the Ministry of Environment, Forest and Climate Change (MoEF&CC) followed by reminder on 25/11/2020 to ensure compliance in the matter. Also, vide letter dated 06/08/2020 and reminder letter dated 09/11/2020 various implementing Ministries/agencies i.e. Ministry of Shipping, Ministry of Commerce (CBIC), Ministry of Labour and Directorate General of Foreign Trade (DGFT) were requested to comply with directions of the Hon'ble Tribunal and submit compliance status.
In this regard, the status on the responses received from State/UT government; SPCB/PCC; MoEF&CC, Ministry of Shipping, CBIC, Ministry of Labour and DGFT is tabulated as below:
25S. No. Name of State/Agency State/UT Government SPCB/PCC 1 Andaman & Nicobar Island x ✓ 2 Andhra Pradesh x ✓ 3 Arunachal Pradesh x ✓ 4 Assam ✓ ✓ 5 Bihar* x ✓ 6 Chandigarh x ✓ 7 Chhattisgarh x ✓ 8 DDD&NH x x 9 Delhi x ✓ 10 Goa ✓ ✓ 11 Gujarat x ✓ 12 Haryana x ✓ 13 Himachal Pradesh x ✓ 14 Jammu and Kashmir x ✓ 15 Jharkhand x ✓ 16 Karnataka x ✓ 17 Kerala x ✓ 18 Lakshadweep x ✓ 19 Madhya Pradesh x ✓ 20 Maharashtra x ✓ 21 Manipur ✓ ✓ 22 Meghalaya x ✓ 23 Mizoram ✓ ✓ 24 Nagaland* x ✓ 25 Odisha x ✓ 26 Puducherry ✓ ✓ 27 Punjab ✓ ✓ 28 Rajasthan x ✓ 29 Sikkim x ✓ 30 Tamil Nadu x ✓ 31 Telangana x ✓ 32 Tripura ✓ ✓ 33 Uttar Pradesh x ✓ 34 Uttarakhand * x ✓ 35 West Bengal ✓ ✓ * The information provided by Bihar, Nagaland, and Uttarakhand SPCBs is not as per the prescribed format/does not includes the status on all the action points.
S. No. Implementing Agency Status on
Submission
1. DGFT ✓
2. CBIC ✓
3. MoEF&CC x
4. Ministry of Labour and Employment ✓
5. Ministry of Shipping
✓
(a) DG(S) x
(b) Port Authorities
In this regard, Government of Punjab, West Bengal and SPCBs/PPCs of 15 States/UTs namely Andaman & Nicobar Islands, Chandigarh, Haryana, Jammu & Kashmir, Karnataka, Lakshadweep, Maharashtra, Meghalaya, 26 Odisha, Puducherry, Punjab, Telangana, Tripura, Uttar Pradesh and Uttarakhand have informed that the State level Monitoring/Advisory Committee has been constituted to oversee the implementation of the Hazardous & Other waste (Management and Transboundary Movement) Rules, 2016 alongwith recommendation of the Monitoring Committee.
Further, Gujarat PCB has informed that Chief Secretary is regularly taking meeting in the matter of O.A No. 606/2018 wherein O.A no. 804/2017 is also a part and Madhya Pradesh PCB has also informed that the proposal has been submitted for constitution of committee.
The detail status on the compliance to the recommendations made in the Status report of CPCB (as submitted in June 2020) and in accordance with the orders (uploaded) dated 07/07/2020 of the Hon'ble Tribunal is deliberated in Section 3 and Section 4 respectively of this report.
3. STATUS ON COMPLIANCE OF OBSERVATIONS AND RECOMMENDATIONS IN THE CPCB REPORT VIS-À-VIS ORDERS DATED 07/07/2020 OF THE HON'BLE TRIBUNAL (EXCEPT PERTAINING TO CONTAMINATED SITES) CPCB in its Status report submitted in June, 2020 (in compliance to the directions dated 26/ 08/ 2019 of the Hon'ble Tribunal) made various recommendations based on the compliance report submitted by various Ministries/ State Govt/ SPCBs/PCCs on the action points given in the Interim and Final Report of the Monitoring Committee vis-à-vis orders of the Hon'ble Tribunal in the said matter.
The Hon'ble Tribunal vide orders (uploaded) dated 07/07/2020 accepted the recommendations made in CPCB report (June 2020) and directed to comply with the observations and recommendations made therein. The status on compliance of the recommendations vis- a- vis orders dated 07/07/2020 of the Hon'ble Tribunal on the action points mentioned in the Interim and Final Report is deliberated in subsections 3.1 and 3.2 as below:
3.1 Compliance Status, Observations and Recommendations on the action points covered in the Interim Report of the Monitoring Committee vis- a- vis orders dated 12/04/2019 of the Hon'ble Tribunal So far 34 State/UT Government/SPCBs/PCCs namely Andaman & Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Chandigarh, Delhi, Gujarat, Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Lakshadweep, Maharashtra, Madhya Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Punjab, Rajasthan, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand and West Bengal have submitted status on the compliance to the recommendation and directions of the Hon'ble Tribunal for the period i.e. April-September, 2020. However, the information provided by Bihar, Nagaland and Uttarakhand SPCBs is not as per the prescribed format. Status on the submission of compliance report is as given below:27
States submitted States not submitted S. No. compliance status compliance status
1. Andaman & Nicobar DD&DNH Islands
2. Andhra Pradesh
3. Arunachal Pradesh
4. Assam
5. Bihar*
6. Chhattisgarh
7. Chandigarh
8. Delhi
9. Goa 10 Gujarat 11 Haryana 12 Himachal Pradesh 13 Jammu & Kashmir 14 Jharkhand 15 Karnataka 16 Kerala 17 Lakshadweep 18 Madhya Pradesh 19 Maharashtra 20 Manipur 21 Meghalaya 22 Mizoram 23 Nagaland* 24 Odisha 25 Puducherry 26 Punjab 27 Rajasthan 28 Sikkim 29 Tamil Nadu 30 Telangana 31 Tripura 32 West Bengal 33 Uttar Pradesh 34 Uttarakhand * * The information provided by Bihar, Nagaland and Uttarakhand SPCBs is not as per the prescribed format/does not includes the status on all the action points."
11. The status of compliance by different States/UTs has been compiled in the report which is appended to this order as Appendix-I. The status of compliance by the CPCB in response to the recommendations of the Monitoring Committee dated 23.07.2019. The report mentions the response to 28 observations in the Monitoring Committee report contained in Appendix-A to the order dated 28 07.07.2020, which part of the report is appended to this order as Appendix-II.
12. The action taken report on contaminated sites has also been appended to the CPCB report with the observations and recommendations which are reproduced below:-
"4.0 Action Taken Report on contaminated sites in compliance of the Hon'ble National Green Tribunal, Principal Bench, New Delhi order dated 01.07.2020 in the matter of O. A. No. 804/2017: Rajiv Narayan & Anr. Vs Union of India & Ors.
4.1 Background The Hon'ble National Green Tribunal, Principal Bench, New Delhi, in the matter of O. A. No. 804/2017: Rajiv Narayan & Anr. Vs Union of India & Ors has passed the following directions regarding contaminated sites vide its orders dated 01.07.2020, reproduced the same as below:
"....14. We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle.... Apart from this, following specific directions may be complied with:
(ii) Regarding remediation of contaminated sites, immediately 5 sites should be taken for remediation and executed within a period of six months. Environmental damages caused by such sites and loss in terms of monetary resources may also be estimated.
15. We direct all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020"
A copy of the Hon'ble NGT order dated 01.07.2020 (uploaded on 07.07.2020) is annexed at Annexure-I. 4.2 Status on Assessment and Remediation of Contaminated Sites
(i) Aforesaid directions of Hon'ble NGT, were communicated vide letter dated 22.07.2020, to 21 SPCBs/PCC where the sites were identified, for taking necessary actions and to submit a report on assessment and remediation of contaminated in respective sites.29
(ii) A meeting was held with 21 SPCBs/PCC through VC on 02.09.2020 to review the compliance status. The said meeting was attended by Senior officials of SPCBs/PCC including few Member Secretaries. A copy of the minutes of meeting is annexed at Annexure-IV.
(iii) 18 out of 21 States/UT (except Odisha, West Bengal and Delhi) have submitted compliance status reports along with details of sites inspected, testing of samples, etc. including details of assessment works carried out by them.
(iv) 3 out of 21 States/UT namely Odisha, West Bengal and Delhi have requested more time for completion of site inspections, assessment and to submit compliance reports, due to on-going pandemic situation. State-wise number of sites as per the status reports submitted by SPCBs is given at Table-1.
Table-1: Details of action taken reports submitted by SPCBs/PCC S. Name of the No. of Action taken Date of No. States/UT sites report submitted submission
1. Andhra Pradesh 4 Yes 10.11.2020
2. Assam 4 Yes 01.12.2020
3. Chhattisgarh 5 Yes 17.07.2020
4. Delhi 23 No* 25.01.2021
5. Goa 2 Yes 10.12.2020
6. Gujarat 23 Yes 27.10.2020 & 07.11.2020
7. Haryana 14 Yes 27.11.2020
8. Himachal Pradesh 4 Yes 19.08.2020
9. Jharkhand 14 Yes 29.07.2020 & 03.12.2020
10. Karnataka 25 Yes 02.11.2020
11. Kerala 9 Yes 29.10.2020
12. Madhya Pradesh 20 Yes 29.10.2020
13. Maharashtra 6 Yes 18.11.2020
14. Odisha 32 No* 03.11.2020
15. Punjab 9 Yes 01.11.2020
16. Rajasthan 10 Yes 11.09.2020
17. Tamil Nadu 11 Yes 28.11.2020
18. Telangana 9 Yes 24.11.2020
19. Uttar Pradesh 43 Yes 27.11.2020
20. Uttarakhand 6 Yes 25.11.2020
21. West Bengal 7 No* 02.12.2020 Total 280 *Note: Due to Covid-19 pandemic situation, requested for more time to submit compliance report
(v) States have also indicated that some of the probable sites in the list provided by CPCB are not showing any signs of contamination, hence proposed for de-listing of such sites.
(vi) As per compliance reports submitted by SPCBs/PCC with supporting documents, such as details of site visits, sampling 30 activity carried out etc., the list of sites has been revised as below:
a) Total number of sites identified- 280
b) Confirmed contaminated sites- 112
c) Sites which are probable or not investigated yet - 168
(vii) As per status reports, States are in the process of assessing the remaining 168 out of 280 sites, therefore the actual scenario of contaminated sites will remain unknown till completion of the task.
(viii) As per the status reports submitted by SPCBs/PCC, site assessment, DPR preparation and remediation works are in different stages of completion. Accordingly, the status of sites has been compiled based on following criteria:
a) Probable sites need to be investigated by site inspection and preliminary sampling,
b) Confirmed sites where hazardous waste is till lying,
c) Confirmed sites for which DPRs have been prepared by CPCB/MoEF&CC,
d) Sites where remediation works are initiated or ongoing.
A clear picture on contaminated sites will be known only when SPCBs/PCC gets the sites investigated by responsible parties or investigate the sites by themselves. Revised list of probable and confirmed contaminated sites have been compiled and state-wise revised distribution is given at Table-
2.Table-2: Revised State wise distribution of contaminated sites Status submitted Updated status as December, before Hon'ble NGT 2020 in June, 2020 Probable S. De-listed States/UTs Total Sites Total Sites Contaminated No. sites (PCS +CS) Sites1 Sites (CS) (PCS) 1 Andhra Pradesh 3 (3+0) 41 4 0 2 Assam 4 (2+2) 4 2 2 3 Chhattisgarh 5 (3+2) 5 3 2 4 Delhi (NCR) 26 (14+12) 3 23 12 11 5 Goa 2 (1+1) 2 1 1 6 Gujarat 23 (15+8) 23 15 8 7 Haryana 17 (13+4) 3 14 10 4 8 Himachal Pradesh 6 (5+1) 2 4 3 1 9 Jharkhand 14 (12+2) 14 12 2 10 Karnataka 25 (19+6) 25 19 6 11 Kerala 10 (6+4) 1 9 5 4 12 Madhya Pradesh 20 (14+6) 20 14 6 13 Maharashtra 6 (3+3) 6 3 3 14 Odisha 32 (9+23) 32 9 23 15 Punjab 9 (3+6) 9 3 6 16 Rajasthan 11 (9+2) 1 10 8 2 31 17 Tamil Nadu 11 (5+6) 11 5 6 18 Telangana 9 (7+2) 9 7 2 19 Uttar Pradesh 42 (17+25) 1 431 22 21 20 Uttarakhand 9 (8+1) 3 6 5 1 21 West Bengal 7 (6+1) 7 6 1 Total 291 (175+116) 14 280 168 112 Revised list of sites giving details of assessment and actions initiated by SPCBs/PCC is given at Annexure-V.
(ix) State wise details of Action taken/initiated by SPCBs/PCC in compliance to directions of Hon'ble NGT are compiled and given at Annexure-VI.
(x) Some progress has been observed in 112 confirmed sites in terms of preparation of DPRs, initiation and execution of remediation works. The details of the same are as below:
a. Remediation works have been initiated in 8 sites, in States namely; Gujarat (2), Jharkhand (1), Maharashtra (1), Tamil Nadu (2) and Uttar Pradesh (2). These remediation works have been taken up primarily by the responsible party/industry as per the directions or monitoring of SPCBs. Details of these sites are given at Table-3.
b. CPCB/MEF&CC have carried out a project for detailed site assessment and preparation of Detailed Project Reports (DPRs) have been prepared for 20 sites with funding under NCEF/CBIPM Projects. The initiative was to carry out pilot studies to guide future assessment and preparation of DPRs for remediation works. It is expected that these DPRs would form basis for to execute remediation works by Responsible Parties if identified or the State Government in case of orphan sites. Details of the sites for which DPRs have been prepared is given at Annexure-VII.
In this context, orphan sites are those sites where polluter is not identified or the polluter is not in a position to bear remediation cost.
c. In remaining identified contaminated sites, the SPCBs/PCC are required to direct the responsible party to carry out detailed investigation and remediate the sites scientifically as per the guidance document provided by CPCB/MoEF&CC. Funds for remediation may be borne by the responsible party. In case of orphan sites, SPCBs may approach State Government for assessment and remediation in larger public interest of protecting health of people living in impact zone.
(xi) Maharashtra and Andhra Pradesh States have informed that environmental site assessment is in progress at 7 sites. These sites include Uranium Corporation of India, Kadapa, Andhra Pradesh and LG Polymers site in Vishakhapatnam, Andhra Pradesh. 5 Sites in Maharashtra are Mithi River, Industrial areas of 32 Deonar, Tarapur and Nashik. Details of sites is given at Annexure-VIII.
(xii) With regard to directions of Hon'ble NGT that 5 sites should be remediated within a period of 6 months, remediation works have been initiated in 3 sites in Odisha and 2 sites in UP where tendering process is underway. In addition, one more site in Kerala has also been initiated tendering process. Details of these sites are given at Annexure-IX.
(xiii) It is observed that remediation works are under progress in 8 sites in 5 states. SPCBs/PCC are required to monitor these sites to check whether remediation works are carried as per DPRs and meet site specific target levels for cleanup. Details of these sites along with observations is given at Table-3.
Table-3: List of 8 sites for which remediation works initiated by Responsible Parties:
S. Action taken/Initiated by Observations No. Name of the Site SPCB Gujarat (02)
1. Effluent Channel i) In groundwater samples GPCB may monitor Project Limited (ECPL), ii) Color, Phenolic compound, target levels Baroda Effluent Sulphate, Chloride & TDS are periodically.
Canal, Vadodara reported higher than Responsible party may be District acceptable limit of BIS. directed to submit Remediation work is undertaken monthly or quarterly by Dye- manufacturing and progress reports.
Pharmaceutical industries
(Responsible Parties).
2. Swastik Organic, i) Hazardous waste lying at the Subsequent to lifting,
Sabar Dairy Road, site was already lifted and soil contamination may still
Piplodi, Gujrat shifted to TSDF. remain at the site. GPCB
ii) In the downstream at village may carry out GW, SW and
Boriya Khurad, about 7 to 8 sediment sampling.
bore wells reported as Responsible party may be
contaminated with reddish directed to submit
brown coloured water. monthly or quarterly
iii) In this regard, it progress reports.
reported that crops like wheat, Status report may be
cotton & castor are irrigated with updated GSPCB at
this colored water. website and submit to
iv) GW samples collected and CPCB.
reported about 200 Pt Co
yellowish color.
The responsible party has
awarded the remediation work to
GITCO.
Jharkhand (01)
33
3. Roro hills, Jharkhand Detailed investigation report on Jharkhand PCB may
- 833201 "Rehabilitation of Roro monitor progress or
abandoned asbestos mines" along remediation works, and
with remediation status as per status report may be
direction of Hon'ble NGT is updated from time to
submitted. time at website and
It was informed that, remedial action submit to CPCB. has been taken by Dept. of Mining, Jharkhand.
Maharashtra (01)
4. M/s Godavari Bio- Contaminated groundwater is MPCB should monitor Refineries, Ahmed being remediated by applying progress status report Nagar District, Bioremediation technique since may be updated at Maharashtra September, 2017 and the same is website and submit to underway. CPCB from time to time.
Tamil Nadu (02)
5. M/s HUL, Trail remediation has been done TNPCB may monitor Kodaikanal, Tamil by M/s HUL. TNPCB had approved remediation works being Nadu Consent to Establish for execution of undertaken by Responsible soil remediation activity. party.
Status report may be
All requisite machineries have updated at SPCB's
already been installed for soil website and also submit to
remediation. CPCB.
6. Tondairpet, Chennai, Remediation work is undertaken by
Tamil Nadu M/s BPCL since 2016.
Uttar Pradesh (02)
7. Industrial Area Meerut Cr(VI) in groundwater is UPPCB may monitor
Road, Ghaziabad, remediated by applying: remediation work
Uttar Pradesh (i) Pump & Treat (P&T) technique, undertaken by
(i) Bioremediation technique, Responsible Party and
upload status report at its
Remediation work is underway since website and also
2012. submit to CPCB from time to
time.
8. Lohia Nagar C
Block, Ghaziabad
4.3 Observations and Recommendations
1. In compliance to directions of Hon'ble NGT, SPCBs/PCC have reported that 14 sites in 7 States as non-contaminated and 168 sites are yet to be investigated. As per reports, site investigation were carried out with limited sampling in most cases 1 or 2 samples. Conclusion may not be drawn even if concentrations levels are within screening criteria as there may be scope of missing pocket of contaminated matrices in adjoining of areas. Therefore prior to declaring the site as non-contaminated, SPCBs/PCC may conduct systematic investigation as per Reference Document issued by CPCB.
34Findings of the report may be placed at SPCB/PCC website and also submit to CPCB from time to time.
2. As per directions of Hon'ble NGT dated 01.07.2020, 5 sites should be taken for remediation and executed within a period of six months. In compliance, 3 contaminated sites in Odisha have been initiated remediation works and for other 2 sites in UP tendering process is underway. In addition, 1 site in Kerala has also been initiated tendering process. In this regard, it is submitted that remediation projects are relatively new in the country where there is no standardization in tendering process and limited experience in execution, hence execution of remediation works may take more time than normal civil works. However, SPCBs/PCC should direct the concerned responsible agencies to expedite the process and realistic timeline should be monitored strictly.
3. 3 out of 21 States/UT namely Odisha, West Bengal and Delhi have requested more time for completion of preliminary site investigation of the sites and to submit compliance reports, due to on-going pandemic situation.
4. As per status report, hazardous waste is still lying at 8 sites in 5 States for which DPRs have already been prepared or under completion (for kind reference at Annexure-V). Action for shifting of hazardous waste initiated in 3 sites in Odisha. In this regard, it is submitted that open dumping of hazardous waste will result in continuous and active release of contaminants to soil and groundwater and thereby the contaminated plume may increase gradually, this may also impact cost of remediation adversely. Therefore, it is essential to lift hazardous waste immediately to contain further damage to environment. SPCBs/PCCs may therefore direct all responsible parties to immediately lift the waste and dump at common hazardous waste treatment, storage and disposal facilities (TSDFs). In case of orphan sites, this work may be carried out by respective State Governments to protect public health.
5. CPCB may continue to maintain a centralized list of contaminated sites for which SPCBs may update the list periodically supplementing with site specific data. The data may be uploaded on websites and SPCBs and CPCB.
6. As per the status reports, Empowered Monitoring Committees (EMC) has been constituted by Odisha State, rest of the States have not constituted EMC for monitoring of Remediation Plan.
7. SPCBs/PCC may recognize remediation of contaminated sites as a regular activity. Dedicated teams and infrastructure may be developed by SPCBs/PCC to identify the sites, monitor and regulate the remediation as per MoEF&CC and CPCB guidance documents.
358. In case of orphan sites, SPCBs may approach State Government to prepare DPRs and execute remediation works. In cases where polluter or the responsible party is identified, SPCBs may direct the party to bear the cost and execute remediation works with prior authorization from SPCBs/PCC. In case the responsible party fail to remediate, the cost of remediation may be recovered as per polluter pays principle.
9. SPCBs/PCC should direct the responsible parties to immediately lift the hazardous waste still lying at dumpsites.
10. SPCBs/PCC may take follow-up actions as per the State specific observation of CPCB given at Annexure VI."
13. The report also mentions the mechanism to cross verify the status of hazardous waste generating/handling industries. Finally, the report gives the State-wise compliance status of the action taken by the State PCBs/PCCs with the observations and suggestions of the CPCB.
14. We have considered the report of the CPCB and appreciate the efforts in compiling all the relevant information on this important subject and direct that observations/suggestions of the CPCB with reference to the compliance by the State PCBs/PCCs may now be duly complied expeditiously, which may be further overseen by the CPCB. The CPCB may assess compensation if the State PCBs/PCCs neglect compliance, following due process, which may be recovered and utilized for restoration of the environment, by preparing an action plan to be approved by the Chairman, CPCB. Even though the report of the CPCB is exhaustive for all the States, we take on record the report furnished by the Oversight Committee for State of UP filed on 10.09.2020. As directed earlier, the MoEF&CC may follow up compliance of steps to be taken by the Central Ministries, for which purpose the CPCB may coordinate with the MoEF&CC. CPCB may impose compensation, if necessary, on the States/UTs which fail to set up TSDF or make other alternative arrangement for management of hazardous waste as per Rules. CPCB 36 may also notify the contaminated sites, having potential for damage to the environment, in public domain, alongwith damage caused and the studies undertaken. CPCB may also ensure that hazardous waste generators/recycles/operators of TSDF follow safety protocols, undertake periodical audits, have onsite and offsite emergency plans to avert accidents and fire and other environmental damage.
15. In view of the exhaustive report and having issued directions for compliance and further monitoring, we do not find it necessary to keep the matter pending with the Tribunal. The proceedings before the Tribunal are accordingly closed, with further monitoring being done at the level of the CPCB and the MoEF&CC, as already directed.
We also permit the applicant to give any further suggestion to the CPCB within one week.
A copy of this order be forwarded to the CPCB, the MoEF&CC, all State PCBs/PCCs by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM January 29, 2021 Original Application No. 804/2017 (Earlier O.A.No.36/2012) SN 37 APPENDIX-I The status on the compliance visa- a- vis recommendations are as given below:
S. No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
1. 05 SPCBs/PCCs (Andaman Not Complied- Andaman & None of the 05 SPCBs/PCCs DD&DNH shall submit the & Nicobar Islands, Nicobar Islands, Arunachal namely Arunachal Pradesh, quarterly compliance status Arunachal Pradesh, Pradesh, DD&DNH, Karnataka, DD&DNH, Karnataka, and to CPCB immediately.
DD&DNH, Karnataka, and and Meghalaya Meghalaya have submitted Meghalaya) be directed to quarterly compliance status submit the quarterly report for the period of July, compliance status report on 2019 to March 2020. However, implementation of Andaman & Nicobar Islands, recommendations made by Arunachal Pradesh, Karnataka the Monitoring Committee in and Meghalaya have its Interim report, as CPCB submitted status as on date.
has not received status
report for the 2nd, 3rd and 4th
quarters from these
SPCBs/PCCs.
Further, Uttar Pradesh may
also be directed to submit Complied - Uttar Pradesh -
the compliance status on the -
directions issued by CPCB
vide dated 30/01/2019 in
case of Spent Solvent
Recovery Units.
2. As per categorization made Not Complied - Chhattisgarh and Compensation not deposited by The Hon'ble Tribunal may
by CPCB, since SPCBs of Assam Assam and Chhattisgarh. pass appropriate orders
Assam and Chhattisgarh based on submissions made
1
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
have not set-up TSDF within However, State Government of by Chhattisgarh and Assam, if
the timeline (i.e. upto Assam vide its letter dated any.
31/03/3020) stipulated by 30/09/2020 requested CPCB
the Hon'ble Tribunal vide its to move application before
order dated 26/08/2019, Hon'ble NGT to condone the
the Hon'ble Tribunal may compensation. In response
direct accordingly for CPCB vide its letter dated
imposition of environmental 23/11/2020 requested the
compensation in accordance Environment and Forest
with the said order. Department to directly
approach Hon'ble NGT for any
relief in this regard.
3. SPCBs/PCCs shall ensure Complied Lakshadweep PCC has not i. 10 SPCBs/PCC namely
timely submission of annual Bihar, Haryana, Puducherry, granted authorization to any Andaman & Nicobar
returns by all occupiers and Sikkim unit Islands, Andhra
in case of non-compliances Pradesh, Chhattisgarh,
Partially Complied- Arunachal Assam PCB has not reported
(i.e. for non- Delhi, Goa, Jharkhand,
Pradesh, Chandigarh, Gujarat, the number of units who have
submission/after lapse of Karnataka, Meghalaya,
Himachal Pradesh, Jammu & submitted annual returns.
timeline) action may be Nagaland and Tamil
Kashmir, Kerala, Madhya Pradesh,
taken in accordance with the Nadu be directed to
Maharashtra, Manipur, Mizoram,
provisions laid down under Odisha, Punjab, Rajasthan, ensure timely
the HOWM Rules, 2016. Telangana, Tripura, Uttar Pradesh submission of annual
Uttarakhand and West Bengal returns by all occupiers
and in case of non-
Not Complied - Andaman & compliances (i.e. for
Nicobar Islands, Andhra Pradesh, non-submission/after
Chhattisgarh, Delhi, Goa, lapse of timeline) action
Jharkhand, Karnataka, may be taken in
2
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
Lakshadweep, Meghalaya, accordance with the
Nagaland and Tamil Nadu provisions laid down
under the HOWM Rules,
Information not provided- 2016.
Assam
ii. 18 SPCBs/PCC (i.e.
Arunachal Pradesh,
Chandigarh, Gujarat,
Himachal Pradesh,
Jammu & Kashmir,
Kerala, Madhya
Pradesh, Maharashtra,
Manipur, Mizoram,
Odisha, Punjab,
Rajasthan, Telangana,
Tripura, Uttar Pradesh
Uttarakhand and West
Bengal) shall ensure to
take action in
accordance with the
provisions laid down
under the HOWM Rules,
2016, against the
occupiers not
submitting the annual
returns within the
stipulated timeline.
3
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
iii. Assam PCB be directed
to submit the status of
submission of annual
return by HW
generating units in the
State of Assam and
action taken in case of
defaulting units.
Further, Lakshadweep
PCC be directed to grant
authorization to
hazardous waste
generating/handling
units in accordance
with HOWM Rules,
2016.
4. SPCBs/PCCs shall prepare Complied- Bihar, Chandigarh, Due to the on-going pandemic i. 04 SPCBs/PCC namely
annual inventory report on Delhi, Goa, Haryana, Himachal and based on request received Arunachal Pradesh,
hazardous and other waste Pradesh, Jammu & Kashmir, from SPCBs/PCCs, Karnataka,
generation and its Jharkhand, Kerala, Maharashtra, submission of annual Lakshadweep and
management, as per CPCB's Manipur, Mizoram, Nagaland, Tripura shall be directed
inventory was extended by
Sikkim, Tamil Nadu, Uttar to immediately submit
guidelines and ensure 20/10/2020. However, 09 Pradesh and Uttarakhand submission of same within SPCBs namely Andhra the annual inventory to stipulated timeframe as laid Pradesh, Chhattisgarh, CPCB.
Partially Complied - Andaman & down under HOWM Rules, Nicobar Islands, Assam, Andhra Gujarat, Madhya Pradesh, 2016. Pradesh, Chhattisgarh, Gujarat, Odisha, Puducherry, Punjab, ii. Assam PCB and Madhya Pradesh, Meghalaya, Telangana and West Bengal Meghalaya shall 4 S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS Puducherry, Punjab, Odisha,have submitted annual submit the annual Rajasthan, Telangana and West inventory after 20/10/2020 inventory as per Bengal. Assam PCB and Meghalaya prescribed formats.
have not submitted the annual Not Complied - Arunachal inventory as per the prescribed iii. 11 SPCBs/PCCs Pradesh, Karnataka, Lakshadweep format.
namely Andaman &
and Tripura
Nicobar Islands,
Andhra Pradesh,
Rajasthan PCB has submitted Chhattisgarh, Gujarat,
inventory of 2019-20 vide letter Madhya Pradesh,
dated 28/12/2020. Odisha, Puducherry,
Punjab, Rajasthan,
Telangana and West
Bengal shall ensure
timely submission of
annual inventory.
5. SPCBs/PCCs to ensure Partially Complied - Andhra It was observed that SPCBs/PCCs shall ensure
verification and Pradesh, Arunachal Pradesh, verification and reconciliation verification and reconciliation
reconciliation of closing of Assam, Chandigarh, Gujarat, of closing of manifest of closing of manifest
manifest document for all the Haryana, Himachal Pradesh, document has been carried out document for all the cases
cases in Hazardous waste Jammu & Kashmir, Jharkhand, in few cases by SPCBs/PCCs. (i.e. within the state and
handling/generating units. Kerala, Madhya Pradesh, interstate) in hazardous
Goa PCB has not provided waste handling/generating
Maharashtra, Meghalaya, Odisha,
details on the number however units.
Puducherry, Punjab, Rajasthan,
informed that partially
Sikkim, Tamil Nadu, Telangana,
complied.
Tripura, Uttar Pradesh and West
Bengal
5
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
Not Complied - Andaman & Gujarat PCB has verified
Nicobar Islands, Bihar, reconciliation of closing of
Chhattisgarh, Delhi, Goa, manifest within the state,
Karnataka, Lakshadweep, however, w.r.t inter-state
Manipur, Mizoram and Nagaland informed that the same shall
be complied through NHWIS
Information not provided-
portal.
Uttarakhand
Manipur PCB has informed
that the quantity of hazardous
wastes generated (i. e. used
oil) are mostly reused.
Therefore, reconciliation of
manifest does not arise.
Puducherry PCC has informed
that all the units are disposing
HW through neighbouring
state. Hence closing of
manifest is found difficult as
the grey copies were not
received.
6. SPCBs/PCCs of 25 Complied -Gujarat, Haryana, Haryana and Kerala PCBs have SPCBs/PCCs shall
States/UTs shall initiate Himachal Pradesh, Kerala, initiated the process to get expedite/initiate action on
action on development of Madhya Pradesh, Mizoram, Tamil study conducted from NPC. development of sectoral
sectoral process based Nadu and West Bengal process based reasonable HW
Assam has initiated action for
reasonable HW generation generation range/
benchmarking of HW for
range/ environmental Not Complied (but timeline recycling/utilization in case of environmental
benchmarking/guidelines provided) - Arunachal Pradesh benchmarking/guidelines for
petroleum refineries and oil
6
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
for HW recycling/ utilization (December, 2021), Bihar and gas production sector in HW recycling/ utilization and
and approach for waste (31/12/2022), Chandigarh the State. The process shall approach for waste
management hierarchy and (March, 2021), Chhattisgarh (03 require some time for its management hierarchy.
submit the progress report months) Jammu & Kashmir completion. Further, the details on the
on the same within 06 (March, 2021) and Punjab (March,
Himachal Pradesh has sector identified and progress
months to CPCB. 2021)
constituted Committee in this made on development of the Not Complied - Andaman & regard. said documents be submitted Nicobar Islands Andhra Pradesh, within 01 months to CPCB.
Goa, Jharkhand and
Assam, Delhi, Goa, Jharkhand,
Maharashtra PCBs have
Karnataka, Lakshadweep,
informed that it is under
Manipur, Maharashtra,
process.
Meghalaya, Nagaland, Odisha,
Puducherry, Rajasthan, Sikkim, Manipur Only used oils
Telangana, Tripura and Uttar generated from automobile
Pradesh. workshops and garages sector,
however details not provided.
Information not Provided -
Uttarakhand Tripura PCB requested CPCB
to develop such
benchmark/guidelines for HW
recycling and approach for
waste management hierarchy.
7. SPCBs/PCCs to ensure Complied - Andhra Pradesh, Chandigarh has informed that SPCBs/PCCs to ensure
regular updation of website Assam, Chhattisgarh, Delhi, Goa, security auditing under regular updation of website
with respect to all Gujarat, Haryana, Jammu & process. with respect to all
enforcement actions along Kashmir, Jharkhand, enforcement actions along
with details of industries and Maharashtra, Odisha, with details of industries and
action taken thereof. action taken thereof.
7
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
Puducherry, Tamil Nadu, Karnataka has provided the
Telangana, Tripura web link of the Board despite
Not Complied - Andaman & of providing specific link.
Nicobar Islands, Arunachal West Bengal PCB has informed
Pradesh, Bihar, Chandigarh, that developing/ uploading
Himachal Pradesh, Karnataka, work of their new website
Kerala, Lakshadweep, Madhya under progress.
Pradesh, Mizoram, Meghalaya,
Manipur, Nagaland, Rajasthan,
Punjab, Uttar Pradesh and West
Bengal
Not applicable (not observed any
non-compliances)- Sikkim
Information not Provided -
Uttarakhand
8. SPCBs/PCCs (of States/UT Complied - Andhra Pradesh, Goa, Rajasthan PCB has verified i. Rajasthan PCB shall
having spent solvent Gujarat, Karnataka, Maharashtra, only 01 unit, out of 03 units, ensure compliance of
recovery units) shall ensure Madhya Pradesh, Odisha, manifest system is being all points of the CPCB
implementation of the CPCB Puducherry, Punjab, Tamil Nadu, followed up by only 01 unit; no direction dated
directions dated Telangana and West Bengal action has been taken against 30.01.2019.
30/01/2019 and submit the erring units and also no ii. Uttar Pradesh PCB
compliance report annually Partially Complied - Rajasthan interaction programs has been shall ensure display of
to CPCB. and Uttar Pradesh conducted with stakeholders. inventory on spent
solvent recovery units
Not Applicable (no spent solvent Uttar Pradesh PCB has not on their website as
recovery unit)- Andaman & Nicobar provided web link w.r.t per CPCB's directions.
Islands, Arunachal Pradesh, publishing of spent solvent
8
S.No. GENRAL DIRECTIONS STATUS OF COMPLINACE REMARKS/OBSERVATIONS RECOMMENDATIONS
Assam, Bihar, Chandigarh, inventory on their website and iii. UPPCB shall conduct
Chhattisgarh, Delhi, Himachal also not carried interaction industry interaction
Pradesh, Haryana, Jammu & program to create awareness. programs within a
Kashmir, Jharkhand, Kerala, month to create
Lakshadweep, Manipur, Mizoram, awareness and
Meghalaya, Nagaland, Sikkim, sensitization on
Tripura and Uttarakhand. HOWM Rules, 2016
with all the
stakeholder industries
of Spent Solvent
generation/utilization.
9
The state-wise status on compliance of the recommendations are given as below:
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
1. Andaman & i. Board shall take necessary action i. Complied. i. Shall carry out identification
Nicobar for compliance to the HOWM w.r.t stipulation of mode of and quantification of
Rules, 2016 and recommendations management of HW in Hazardous and Other Waste.
of the Monitoring Committee and authorization document; ii. Board shall ensure
Evaluation of authorization verification of closing of the
. Board shall be directed to submit
granted/renewed; Adoption of manifests received and
the 2nd, 3rd and 4th quarter
uniform inspection format; reconcile the HW handling
compliance report.
data.
ii. Not Complied iii. Board shall invoke the powers
w.r.t Scientific principal based conferred under clause 23 (1)
and (2) of the Rules, related to
identification and quantification of all damages caused to the Hazardous waste; development of environment or third party elaborate protocol for pre- due to improper handling and processing; inspection and management of the hazardous monitoring of waste and other wastes, and non- collector/recycler/utilizer; Closing compliance respectively.
iv. Board shall verify and validate
and reconciliation of manifest;
the inventory data before
Verification of inventory submitted accepting the same and adopt by units; Development of waste the CPCB's guidelines while generation range; website updation preparation of HW inventory w.r.t enforcement actions; inclusion report.
of fluorescent and other mercury containing lamps into the ambit of v. Board shall prosecute habitual and serious HW inventory; Capacity building;
defaulters under provisions approach for recycling/utilization of the Environment as per waste management (Protection) Act, 1986. Other 10 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
hierarchy; Development of alternative regulatory benchmarking for HW generation actions including refusal and and possibility of revocation of Authorisation recycling/utilization. can also be explored following the due process.
vi. Shall develop elaborated
iii. Partially Complied
protocols for pre-processing
w.r.t inclusion of domestic
and recycling/utilization
Hazardous waste into the ambit of
facilities for enhanced level
national hazardous waste
iii. Board shall be directed to submit and frequency of enforcement
inventory; setting up of TSDFs or
the status on setting up of TSDF or and environmental
sharing arrangement.
sharing arrangement with monitoring.
authorized common TSDFs of (PCC has informed that as per vii. Board shall develop sectoral
neighboring states. process based reasonable HW
CPCB document, A&N Island falls
under the states/UT generating generation range to have
less than 500 MTA of landfillable uniformity in assessing the
HW be permitted to make sharing HW generation from industries
arrangement with neighboring and benchmarking the same
states for disposal of Hazardous with its peers, rather than
waste. In this regard, PCC has solely depending on industry
authorized unit for collection, data.
storage and transportation of used viii. Board shall update websites
oil, however, no information has with respect to all enforcement
been provided w.r.t arrangement actions along with details of
made for disposal of hazardous industries and action taken.
waste.) ix. Board shall develop an
i. Not applicable: enforcement framework for
effective enforcement of Rules
11
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
w.r.t. direction to common TSDF based on principle of
operator for not returning HW proportionality and also,
consignment, environmental audit precautionary principle.
of TSDFs, disclosure of escrow x. Board shall develop document
account) in recycling and utilisation of
HW in terms waste
management hierarchy
mandated in the rules across
all the States in order to
ensure the level playing field
for the industry.
xi. Board shall also develop
certain benchmarks/
guidelines for the possibilities
of HW recycle/utilisation on
case to case basis.
xii. Board shall develop concept of
environmental benchmarking
among the similar industries
generating HW can be useful
to ensure consistency and
uniformity. The emerging
trend of circular economy
would be a key intervention for
rationalizing the HW
generation and
reuse/utilisation.
12
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
xiii. In accordance with the orders
dated 26/08/2019 of the
Hon'ble Tribunal and CPCB
report on categorization of
States, Board shall submit the
status on sharing
arrangement made with
authorized common TSDFs of
neighboring states.
xiv. Board needs to take
cognizance of aspects while
enforcing the relevant rules
(w.r.t. domestic hazardous
waste and hazardous waste
generated from e-waste rules
like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
xv. Board shall initiate action for
establishment of the
laboratory facility where all
HW parameters as required
under the Rules can be
analyzed.
13
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
2. Andhra i. Develop enforcement i. Complied. i. Andhra Pradesh PCB shall
Pradesh framework immediately submit the
Board is implementing the
document for effective enforcement environmental audit report of
framework developed by CPCB.
of Rules within one month. common TSDFs and shall
also initiate audit of captive
xvi.Partially Complied
TSDFs operating in the state
vi. Expedite conducting of Andhra Pradesh PCB has informed and submit the audit report
environmental audit of that board has inspected both to CPCB.
common/captive TSDFs available
TSDFs at Visakhapatnam and vii. Develop sectoral process
in the State and submit the audit
Nellore on 23.07.2020 and based reasonable HW
report to CPCB.
16.09.2020 respectively, however, generation range to have
not submitted any report and not uniformity in assessing the
provided response in respect of HW generation from industries
captive TSDF. and benchmarking the same
with its peers.
xvii. Not
ii.Develop sectoral process Complied. viii. Andhra Pradesh PCB direct
reasonable HW generation range APPCB is issuing Consent for the operator of common TSDF,
to have uniformity in assessing Establish (CFE) after thorough Nellore to deposit the
the HW generation from industries verification of material balance and mandatory in escrow account
and benchmarking the same with the EMP submitted by the industry and display of same on website
its peers. and the hazardous waste of operators.
generation and disposal quantities
are being examined through a ix. Board shall immediately take
Technical Committee. Further, necessary action in case of
during the inspections, the APPCB non -compliant spent solvent
officials are verifying the batch recovery units.
processing sheets and material
balance submitted by the industry
14
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
along with the application for v. Board shall immediately
quantification of waste generation. update inventory of Spent
Solvent Recovery Units
iv. Immediately open escrow account (available in their States) on
in the remaining TSDF also and iv. Partially complied Board's website and provide
ensure verification of same by Both TSDFs (i.e. Nellore and the link of same.
board and display on website of Visakhapatnam) have opened the
operator. Escrow Account. However, the
mandatory amount has not been
deposited by TSDF, Nellore and
details w.r. t display on same has
not been provided by the Board.
v. Andhra Pradesh PCB to ensure all
v. Partially Complied
the Spent solvent recovery units
operating in the State have There are 100 Spent solvent
mandatory authorization, following generating units and 84 spent
manifest system and have been solvent recovery units authorized to
verified for compliance of CPCB's recover approx. 1 Million
SoP. Further, Board to initiate MT/annum of Spent Solvent. 35
action against the erring units. units does not comply with
requisite manifest document and
54 units are not complying with
CPCBs SoPs for spent solvent
recovery. Show-cause notice has
been issued to 03 units found
violating CPCB's SoP/manifest
15
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
documents/other provision of the
HOWM Rules, 2016.
vi. Board shall immediately update vi. Not-Complied inventory of Spent Solvent Recovery No information provided by Andhra Units available in their States on Pradesh PCB in this regard. Board's website and provide the link of same.
3. Arunachal i. Board shall take necessary action ii. Complied. i. Board shall initiate action for Pradesh for compliance to the HOWM w.r.t. stipulation of mode of inclusion of Other waste in the Rules, 2016 and recommendations management of HW in regulatory actions, including of the Monitoring Committee. authorization document, inventory.
prosecution of habitual and serious ii. Shall carry out identification iii. Board shall be directed to defaulters under provisions of the and quantification of submit Environment (Protection) Act, 1986, Hazardous and Other Waste.
the 2nd, 3rd and 4th quarter documentation of non-compliances
iii. Shall develop elaborated
compliance report.
protocols for pre-processing
iii. Partially Complied
and recycling/utilization
ii. Board shall be directed to submit w.r.t.
facilities for enhanced level
the status on setting up of TSDF or verification of closing of the
and frequency of enforcement
sharing arrangement with manifests; verification of annual
and environmental
authorized common TSDFs of returns.
monitoring.
neighboring states.
iv. Not-Complied iv. Shall develop Uniform format
w.r.t. development of elaborated for visits and inspections of
protocols for pre-processing and HW handling facilities is
recycling/utilization facilities necessary to ensure
(timeline- December, 2021) ; comprehensive inspections
identification and quantification
16
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
of Hazardous and Other Waste as per the provisions of the
;development of Uniform format Rules.
for visits and inspections ; v. Board shall develop sectoral
updation of websites w.r.t. all process based reasonable HW
enforcement actions ; generation range to have
development of sectoral process uniformity in assessing the
based reasonable HW generation HW generation from industries
range (timeline- December, 2021) and benchmarking the same
; development of framework for with its peers, rather than
effective enforcement of Rules ; solely depending on industry
setting up of TSDF or sharing data.
arrangements with TSDF of
vi. Board shall update websites
neighboring State ; setting of with respect to all enforcement
laboratory facility (timeline- actions along with details of
December, 2022) ; cognizance of
industries and action taken.
aspects while enforcing the
relevant rules ; inclusion of Other vii. Board shall develop an
Waste and Domestic HW into the enforcement framework for
ambit of annual inventory ; effective enforcement of Rules
development of environmental based on principle of
benchmarking among similar proportionality and also,
industries (timeline- December, precautionary principle.
2022) viii. Board shall develop document
in recycling and utilisation of
v. Not applicable: HW in terms waste
w.r.t. direction to common TSDF management hierarchy
operator for not returning HW mandated in the rules across
consignment, environmental all the States in order to
17
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
audit of TSDFs, disclosure of ensure the level playing field
escrow account) for the industry.
ix. Board shall also develop
certain benchmarks/
guidelines for the possibilities
of HW recycle/utilisation on
case to case basis.
x. Board shall develop concept of
environmental benchmarking
among the similar industries
generating HW can be useful
to ensure consistency and
uniformity. The emerging
trend of circular economy
would be a key intervention for
rationalizing the HW
generation and
reuse/utilisation.
xi. In accordance with the orders
dated 26/08/2019 of the
Hon'ble Tribunal and CPCB
report on categorization of
States, Board shall submit the
status on sharing
arrangement made with
authorized common TSDFs of
neighboring states.
18
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
xii. Board needs to take
cognizance of aspects while
enforcing the relevant rules
(w.r.t. domestic hazardous
waste and hazardous waste
generated from e-waste rules
like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
xiii. Board shall immediately
upgrade the laboratory
facility where all HW
parameters as required under
the Rules can be analyzed.
4. Assam i. Immediately adopt i. Not Complied. i. Board shall immediately adopt
identification and quantification of the identification and
HW based on scientific principal; quantification of HW based on
inclusion of mode of management scientific principal; inclusion
of each hazardous waste generated of mode of management of
in the authorization document. each hazardous waste
generated in the authorization
ii. Develop elaborate protocol ii. Complied document.
environmental monitoring of Frequency of inspection:
recyclers/utilizers within one All HW generating units- once a ii. Board shall ensure availability
month. year; Category 17 and red of laboratory facilities for
19
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
category units and captive TSDFs- analysis of all the parameters
once in 06 months; Pre-processing, as specified in HOWM Rules.
recycling & utilization units- once
in 03 months. iii. Develop enforcement
framework document for
effective enforcement of Rules.
iii. Take initiative for development of iii. Partially Complied centralized laboratory for north- Laboratory facility available with iv. Expedite conducting of east region and commissioning of Assam PCB has been provided. environmental audit of captive same within 06 months. TSDFs available in the State and submit the audit report to iv. Develop enforcement framework iv. Partially Complied CPCB.
document for effective enforcement Draft framework prepared consisting of monitoring/tracking of Rules within one month. v. Immediately set up TSDF in of non-compliances and frequency of inspection, inventorization of their State as the timeline (i.e industries and identification and 31/03/2020) stipulated by the categorization of violations and Hon'ble Tribunal for action to be initiated thereof. compliance has already lapsed.
v. Board shall immediately update v. Complied
website with respect to all
enforcement actions along with
details of industries and action
taken.
vi. Expedite conducting of vi. Not Complied
environmental audit of captive
20
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
TSDFs available in the State and Guidelines being sought from
submit the audit report to CPCB. CPCB.
vii. Immediately set up TSDF in their
State as the timeline for compliance vii. Not Complied has already been lapsed. Process of selection of Developers for establishment of TSDF is under process.
5. Bihar i. Board shall invoke the Information not submitted as per the i. Board shall immediately powers format circulated by CPCB vide letter submit the compliance status conferred under clause 23 (1) and dated 20/07/2020, however, report for the period April- (2) of the Rules, related to all quarterly report for July-September, September, 2020 to CPCB as damages caused to the 2020 has been submitted. per prescribed format. environment or third party due to i. Not complied improper handling and ii. Board shall invoke the powers management of the hazardous and conferred under clause 23 (1) other wastes, and non-compliance and (2) of the Rules, related to respectively. all damages caused to the vi. Not complied environment or third party ii. Board shallexpedite (timeline provided 31/03/2021) due to improper handling and the management of the hazardous development of elaborate protocols and other wastes, and non- to ensure enhanced level and compliance respectively.
frequency of enforcement and
environmental monitoring of iii. Board shall expedite the
recycling/ utilisation facilities. vii. Not development of elaborate
complied protocols to ensure enhanced
iii.Non-compliance to be documented 21 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
renewal or inspections in order to level and frequency of invoke powers of refusal or enforcement and revocation of authorization as per environmental monitoring of Rules. recycling/ utilisation facilities.
iv. Board shall immediately update iv. Not complied iv. Non-compliance to be website with respect to all documented while processing enforcement actions along with authorization for renewal or details of industries and action inspections in order to invoke taken. powers of refusal or revocation v. Partially complied v. Board needs to take cognizance of of authorization as per Rules.
(UDHD and ULBs have been aspects while enforcing the relevant sensitized for setting up of rules (w.r.t. domestic hazardous v. Board shall immediately deposition centres, however not waste and hazardous waste update website with respect to included in inventory report.) generated from e-waste rules like all enforcement actions along fluorescent lamp other mercury with details of industries and containing lamp) and also, action taken. preparation of HW inventory and other interventions. vi. Board needs to take cognizance of aspects while vi. Not complied vi. Board shall immediately upgrade enforcing the relevant rules the existing laboratory where all (w.r.t. domestic hazardous HW parameters as required under waste and hazardous waste the Rules can be analysed. generated from e-waste rules like fluorescent lamp other vii. Information not provided vii. Board shall immediately update mercury containing lamp) and inventory of Spent Solvent Recovery (w.r.t. inventory of Spent Solvent also, preparation of HW Recovery Unit).
Unit available in their States on
22
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
Board's website and provide the inventory and other
link of same. interventions.
viii. Partially Complied vii. Board shall
viii. Board shall expedite setting up the TSDF in the State and submit the (CTE has been granted for setting upgrade the existing status. up of TSDF, work in progress) laboratory where all HW parameters as required under the Rules can be analysed.
viii. Board shall
update inventory of Spent
Solvent Recovery Unit
available in their States on
Board's website and provide
the link of same.
ix. Board shall expedite setting
up the TSDF in the State and
submit the status.
6. Chandigarh i. Chandigarh PCC to bring other i. Partially Complied Chandigarh PCC shall expedite the
waste in regulatory domain and Process has been initiated (March, process:
also report the same in its 2021).
inventory report. i. To bring other waste in regulatory
domain and also report the same
ii. Chandigarh PCC shall expedite the ii. Partially Complied in its inventory report.
development of elaborate protocols Process has been initiated
to ensure enhanced level and
23
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
frequency of enforcement and ii. Development of
environmental monitoring of protocols to ensure enhanced
recycling/ utilisation facilities. level and frequency of
enforcement and environmental
iii. Chandigarh PCC shall immediately iii. Partially Complied monitoring of recycling/
update website with respect to all Security auditing of website is utilisation facilities.
enforcement actions along with under process (31/12/2020).
details of industries and action iii. Updation of website with respect
taken. to all enforcement actions along
with details of industries and
action taken.
7. Chhattisgarh i. Board shall expedite i. Complied i. Chhattisgarh shall
the initiate
development of elaborate protocols action for conducting
to ensure enhanced level and environmental audit of captive
frequency of enforcement and TSDFs, as per CPCB's
environmental monitoring of guidance document for
recycling/utilisation facilities conducting audit. The said
ii. Not Complied guidance document is under
ii. Board shall initiate action for finalization and shall be
conducting environmental audit of communicated to
captive TSDFs and submit the SPCBs/PCCs after
audit report to CPCB. finalization.
Partially Complied ii. Board shall ensure inclusion
iii.Board needs to take cognizance of iii. Methodology has been developed of hazardous waste generated
aspects while enforcing the relevant and domestic HW collects by ULBs from enforcement of other
rules (w.r.t. domestic hazardous and sent to disposal facilities. regulations (w.r.t. domestic
waste and hazardous waste hazardous waste and
generated from e-waste rules like hazardous waste generated
24
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO
. fluorescent lamp other mercury However, the same needs to be from e-waste rules like
containing lamp) and also, incorporated in the inventory. fluorescent lamp other
preparation of HW inventory and mercury containing lamp) in
other interventions. the hazardous waste
inventory.
iv. Board shall develop iii. Chhattisgarh shall expedite
where all HW parameters as iv. Not Complied the setting up of laboratory
required under the HOWM Rules Land procured for setting of central facility.
can be analysed. laboratory and will be developed iv. Immediately set up TSDF in
by 31/12/2021. their State as the timeline (i.e v. Immediately set up TSDF in their 31/03/2020) stipulated by the State as the timeline for compliance v. Not Complied Hon'ble Tribunal for has already been lapsed. Land has been identified and compliance has already notified. Willing letter submitted by lapsed. M/s Ramky Enviro Engg. Ltd., Hyderabad. The formation of SPV as per RFP is under process.
8. Delhi i. DPCC shall expedite setting up the i. Partially Complied i. DPCC shall expedite setting up TSDF in the UT and shall strictly Environmental Clearance has been the TSDF in the UT and shall comply with the timeline provided granted by MoEF&CC. strictly comply with the timeline for setting up of common TSDF in ii. (i.e 31/12/2020) stipulated by the UT. ii. Partially Complied the Hon'ble Tribunal for setting DPCC does not have a NABL up of common TSDF in the UT. ii. DPCC shall immediately upgrade accredited laboratory and limited iii. Delhi PCC shall expedite the the laboratory facility where all parameter (such as Zn, Pb, Co, Cr, upgradation of laboratory HW parameters as required under Ni, Fe) can be analyzed. However, facility to ensure analysis of all the Rules can be analysed. instruments like Bomb Colorimeter, parameters specified in HOWM XRF spectrophotometer, Zero head Rules, 2016.
25 S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
extractor, Flash point apparatus, iv. Delhi PCC shall initiate action
Rotary evaporator, and Inducted for inclusion of hazardous waste
coupled plasma are under generated from enforcement of
procurement. other regulations (w.r.t.
domestic hazardous waste and
hazardous waste generated
iii. DPCC needs to take cognizance of iii. Partially Complied
from e-waste rules like
aspects while enforcing the relevant DPCC has constituted a Sub-
fluorescent lamp other mercury
rules (w.r.t. domestic hazardous Committee to examine the issue in
containing lamp).
waste and hazardous waste respect of Delhi and submit action
generated from e-waste rules like plan for consideration of DPCC
fluorescent lamp other mercury Board. The Sub-Committee
containing lamp) and also, consists of members from Toxic
preparation of HW inventory and Links and Chinthan.
other interventions.
9. DD&DNH i. The Committee shall invoke the Status report not submitted. i. The Committee shall
powers conferred under clause 23 immediately submit the
(1) and (2) of the Rules, related to compliance status report for
all damages caused to the the period April-September,
environment or third party due to 2020 to CPCB as per
improper handling and prescribed format.
management of the hazardous and ii. The Committee shall invoke
other wastes, and non-compliance the powers conferred under
respectively. clause 23 (1) and (2) of the
Rules, related to all damages
ii. The committee shall caused to the environment or
habitual and serious defaulters third party due to improper
handling and management of
26
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
under provisions of Environment the hazardous and other
(Protection) Act, 1986. wastes, and non-compliance respectively.
iii. The Committee shall immediately update website with respect to all iii. The committee shall prosecute enforcement actions along with habitual and serious details of industries and action defaulters under provisions of taken. Environment (Protection) Act, 1986.
iv. Initiate action for development of iv. The Committee shall elaborate protocols for pre- immediately update website processing and recycling/ with respect to all enforcement utilization facilities for sound actions along with details of environmental management of HW.
industries and action taken.
iii.The committee shall develop v. Initiate action for
laboratory where all HW development of elaborate
parameters as required under the protocols for pre-processing
HOWM Rules can be analysed. and recycling/ utilization
facilities for sound
vi. Expedite conducting of environmental management of
environmental audit of HW.
common/captive TSDFs available
in the State and submit the audit vi. The committee shall develop
report to CPCB. laboratory where all HW
parameters as required under
the HOWM Rules can be
analysed.
27
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
vii. Expedite conducting of
environmental audit of
common/captive TSDFs
available in the State and
submit the audit report to
CPCB.
10. Goa i. Board shall expedite the setting up i. Partially Complied i. Board shall expedite setting
of common TSDF and strictly Under construction and detailed on up the TSDF in the UT and
comply with the timeline provided the work carried out has been shall strictly comply with the
for setting up of common TSDF in provided. timeline (i.e 31/12/2020)
the State. stipulated by the Hon'ble
Tribunal for setting up of
iv. Board shall ensure ii. Not-complied common TSDF in the State.
that non- No information provided in this ii. Board shall ensure that non-
compliance to be documented while regard. compliance to be documented
processing authorisation for while processing authorisation
renewal or inspections in order to for renewal or inspections in
invoke powers of refusal or order to invoke powers of
revocation of authorisation as per refusal or revocation of
Rules. authorisation as per Rules.
iii. Complied. iii. Board shall verify and validate
ii. Board shall immediately update the inventory data before
website with respect to all accepting the same and adopt
enforcement actions along with the CPCB's guidelines while
details of industries and action preparation of HW inventory
taken. report.
iv. Partially Complied.
28
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
iv. Board shall verify and validate the iv. Expedite conducting of
inventory data before accepting the environmental audit of captive
same and adopt the CPCB's TSDFs available in the State
guidelines while preparation of HW and submit the audit report to
inventory report. v. Complied CPCB. In this regard, CPCB
has prepared guidance
v. Board needs to take cognizance of The Goa waste management document and same is under
aspects while enforcing the relevant corporation has signed MoU for finalization. Upon finalization,
undertaking awareness creation the same will be circulated to
rules (w.r.t. domestic hazardous
and collection of E-waste across all SPCBs/PCCs for
waste and hazardous waste
the State of Goa. Fluorescent lamp conducting audit in line with
generated from e-waste rules like
other mercury containing lamp are guidance document prepared
fluorescent lamp other mercury
collected from various villages and by CPCB.
containing lamp) and also,
stored at Solid Waste Management
preparation of HW inventory and
Units. Local bodies directed to
other interventions.
make provisions for collection and
storage of domestic HW.
vi. Expedite conducting of vi. Partially Complied
environmental audit of captive Audit under progress.
TSDFs available in the State and
submit the audit report to CPCB.
11. Gujarat i. Board shall submit the i. Partially i. Board shall submit the
environmental audit of all Complied environmental audit report of
common/captive TSDFs exist in the GPCB has an Environmental all common and captive TSDFs
state to CPCB. Audit Scheme wherein all existing in the state to CPCB.
TSDFs falls under Schedule-I of
29
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
the audit scheme and audit is ii. Board shall direct operator of
being carried out through TSDFs, (at Vadodara,
approved Schedule-I Auditors. Bhavnagar and
To ensure the design and Surendranagar) for opening of
construction quality as per escrow account (as per
TSDF protocol, third party and MoEF&CC O. M. dated
RO verification is carried out. 16/04/2009).
12. Haryana i. Board shall immediately invoke the i. Not i. Board shall immediately
powers conferred under clause 23 Complied invoke the powers conferred
(1) and (2) of the Rules, related to No information provided in this under clause 23 (1) and (2) of
all damages caused to the regard. the Rules, related to all
environment or third party due to damages caused to the
improper handling and environment or third party
management of the hazardous and due to improper handling and
other wastes, and non-compliance management of the hazardous
respectively. and other wastes, and non-
compliance respectively.
ii. Board shall immediately direct all ii. Board shall initiate action for
the operator of common TSDFs that ii. Complied the identification and
not to return the HW consignment quantification of the
and the consignment needs to be hazardous waste generation at
stored within the TSDF with the authorisation stage itself
information to the waste generator and therefore shall adopt the
and also the SPCB. scientific principles as
enumerated for such
iii.Board shall initiate action for the identification and
identification and quantification of iii. Not-complied quantification of HW.
30
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
the hazardous waste generation at No information provided in this
the authorisation stage itself and regard. iii. Expedite conducting of
therefore shall adopt the scientific environmental audit of
principles as enumerated for such common and captive TSDFs
identification and quantification of available in the State and
HW. submit the audit report to
CPCB. In this regard, CPCB
iv. Expedite conducting of has prepared guidance
environmental audit of iv. Not complied document and same is under
common/captive TSDFs available in Audit not conducted yet. However, finalization. Upon finalization,
the State and submit the audit direction has been issued to the same will be circulated to
report to CPCB. Regional Officers for conducting all SPCBs/PCCs for
the audit. conducting audit in line with
v. Board shall immediately upgrade guidance document prepared
the laboratory facility where all HW by CPCB.
v. Partially Complied
parameters as required under the
Rules can be analysed. There are 04 laboratories available iv. Board shall immediately
with HSPCB (i.e. Gurugram, Hissar, upgrade the laboratory
Faridabad and Panchkula). Of which,
facility where all HW
only Panchklula laboratory is
accredited. Last external audit was
parameters as required under
conducted by NABL on 24-25 May, the Rules can be analyzed.
2019 and internal audit was
conducted on 27/08/202. The Board
is in the process of purchasing
laboratory equipment for analysis of remaining parameters i.e. ICP and Gas Chromatography.
31 S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
13. Himachal i. Board shall immediately invoke the i. Complied i. Board shall submit the
Pradesh powers conferred under clause 23 The environmental audit of all
desired actions would be
(1) and (2) of the Rules, related to common and captive TSDFs
initiated as & when the situation
all damages caused to the available in the state to CPCB.
arises. Further, the State Board
environment or third party due to In this regard, CPCB has
has also constituted the
improper handling and prepared guidance document
"Hazardous Waste Incident
management of the hazardous and and same is under finalization.
Response Team (HWIRT)" so that
other wastes and non-compliance the Upon finalization, the same
provisions of the
respectively. will be circulated to all
Rules/guidelines pertaining to
SPCBs/PCCs for conducting
liabilities and financial penalty are audit in line with guidance enforced.
document prepared by CPCB.
ii. Board shall ensure that ii. Complied non- Renewal of authorization are being compliance to be documented while granted to the units after due processing authorization for validation of compliance renewal or inspections in order to parameters.
invoke powers of refusal or
revocation of authorization as per
Rules. iii. Partially Complied
v. Board shall submit The State Board has conducted one
environmental audit of all audit of the TSDF on 29.10.2018.
common/captive TSDFs available Further, the State Board is in
in the state to CPCB. process to carryout detailed third
party audit of TSDF through IITs or
other reputed agencies.
32
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
14. Jammu & i. Board shall immediately invoke the i. Complied i. Board needs to take
Kashmir powers conferred under clause 23 Notices issued to 30 defaulting cognizance of aspects while
(1) and (2) of the Rules, related to units, of which, closure orders enforcing the relevant rules
all damages caused to the issued to 03 units. (w.r.t. domestic hazardous
environment or third party due to waste and hazardous waste
improper handling and generated from e-waste rules
management of the hazardous and like fluorescent lamp other
other wastes and non-compliance mercury containing lamp) and
respectively. also, preparation of HW
ii. Develop framework for ii. Complied inventory and other
enforcement of Rules based on CPCB framework is being used. interventions.
proportionality and precautionary principle. Also, ensure updation of website w.r.t. ii. Board shall immediately enforcement actions along with details of upgrade the laboratory industries and action taken. facility where all HW parameters as required under iii.Board needs to take cognizance of the Rules can be analysed aspects while enforcing the relevant iii. Partially Complied rules (w.r.t. domestic hazardous Communicated the same to iii. Board shall expedite setting waste and hazardous waste Municipal corporation, Jammu and up of TSDF in the state. generated from e-waste rules like directed local bodies vide letter However, till such time fluorescent lamp other mercury dated 20/07/2020. sharing arrangement with containing lamp) and also, authorized TSDF of preparation of HW inventory and neighboring states for disposal other interventions. of hazardous waste may be made.
iv. Not-complied
33
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
iv. Board shall immediately upgrade Laboratory establishment is under
the laboratory facility where all process and equipments are being
HW parameters as required under procured.
the Rules can be analysed
v. Partial Compliance
v. Board shall be expedite setting up TSDF is being set-up at IGC,
of TSDF in the state. Samba, Phase-II. Consent to
Establish has been granted for one
year vide letter dated 16/03/2020.
15. Jharkhand i. Jharkhand PCB shall bring other i. Not-complied i. Jharkhand PCB shall bring
waste in regulatory domain and No other waste recycling/ other waste in regulatory
also report in its inventory report. utilization facilities available in the domain and also report in its
State. inventory report.
ii. Adopt uniform inspection format
for visits and inspection of HW ii. Complied ii. Board shall immediately
handling facilities to ensure invoke the powers conferred
comprehensive inspection as per under clause 23 (1) and (2) of
the provisions of the Rules. the Rules, related to all
damages caused to the
iii.Board shall immediately invoke the iii. Information not environment or third party
powers conferred under clause 23 provided due to improper handling and
(1) and (2) of the Rules, related to management of the hazardous
all damages caused to the and other wastes, and non-
environment or third party due to compliance respectively.
improper handling and
management of the hazardous and
34
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
other wastes, and non-compliance iii. Board shall ensure that non-
respectively. compliance to be documented
while processing authorization
iv. Board shall ensure that iv. Information Not Provided. for renewal or inspections in
non- order to invoke powers of
compliance to be documented while refusal or revocation of
processing authorization for authorization as per Rules.
renewal or inspections in order to
invoke powers of refusal or iv. Expedite conducting of
revocation of authorization as per environmental audit of
Rules. common and captive TSDFs
v. Not Complied
available in the State and
v. Expedite conducting submit the audit report to
environmental audit of CPCB. In this regard, CPCB
common/captive TSDFs available has prepared guidance
in the State and submit the audit document and same is under
report to CPCB. finalization. Upon finalization,
vi. Complied the same will be circulated to
effective enforcement of Rules The Board is following CPCB's all SPCBs/PCCs for
based on the principle of enforcement framework for conducting audit in line with
proportionality and also effective enforcement of guidance document prepared
precautionary principle. Hazardous and Other Waste by CPCB.
(Management and Transboundary
Movement) Rules, 2016.
v. Board shall immediately
vii. Board shall immediately upgrade vii.Not Complied upgrade the laboratory facility
the laboratory facility where all HW Samples are being sent to where all HW parameters as
laboratories recognized by the
35
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
parameters as required under the Board, having facility to analyze required under the Rules can
Rules can be analysed. almost all HW parameters. be analysed.
16. Karnataka i. Board shall take necessary action Not submitted the 2nd, 3rd and 4th i. Board shall ensure verification
for compliance to the HOWM quarter compliance report (July, of closing of the manifests
Rules, 2016 and recommendations 2019 to March, 2020). received and reconcile the HW
of the Monitoring Committee and handling data.
i. Complied
vi. Board shall be directed to ii. Shall adopt Uniform format for
submit (w.r.t. directed operator of
visits and inspections of HW
the 2nd, 3rd and 4th quarter common TSDFs for not returning
handling facilities is necessary
compliance report. HW consignment)
to ensure comprehensive
ii. Partially Complied inspections as per the
ii. Board shall ensure compliance of
(escrow account opened by provisions of the Rules.
directions issued by CPCB vide
dated 30/01/2019 in case of all operator of common TSDFs and iii. Board shall invoke the powers
spent solvent recovery units compliance to all the directions conferred under clause 23 (1)
available in the State. pertaining to spent solvent and (2) of the Rules, related to
recovery units not been carried all damages caused to the
out) environment or third party
due to improper handling and
management of the hazardous
iii. Not complied and other wastes, and non-
compliance respectively.
(w.r.t. action taken for non-
submission of annual returns by iv. Board shall verify and validate
occupiers; verification of the inventory data before
inventory; submission of annual accepting the same and adopt
inventory report to CPCB; the CPCB's guidelines while
36
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
verification of closing of the preparation of HW inventory
manifests; updation of website report.
w.r.t. enforcement actions; v. Board shall prosecute
development of uniform habitual and serious
inspection format; verification of defaulters under provisions of
units before grant of the Environment (Protection)
authorization; invoke the powers Act, 1986. Other alternative conferred under clause 23 (1) regulatory actions including and (2) of the HOWM Rules, refusal and revocation of Authorisation may also be 2016; refusal and revocation of authorization; effective considered in accordance with enforcement of Rules; development the provisions of HOWM Rules, 2016.
of sectoral process based
generation range/ vi. Board shall update websites
benchmarkings/guidelines for HW with respect to all enforcement
recycling/utilization, display of actions along with details of
inventory of spent solvent recovery industries and action taken.
units on website) vii. Board shall develop an
enforcement framework for
iv. Information not provided: effective enforcement of Rules
based on principle of
(w.r.t adoption of Uniform
proportionality and also,
format for visits and precautionary principle. Such
inspections; verification of framework will remove
amount deposited in escrow ambiguity in regulatory
account by Board) actions and bring
transparency, predictability
37
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
and consistency in
enforcement for actions.
viii. Board shall develop document
in recycling and utilisation of
HW in terms waste
management hierarchy
mandated in the rules across
all the States in order to
ensure the level playing field
for the industry.
ix. Board shall also develop
certain benchmarks/
guidelines for the possibilities
of HW recycle/utilisation on
case to case basis.
x. Board shall develop concept of
environmental benchmarking
among the similar industries
generating HW can be useful
to ensure consistency and
uniformity. The emerging
trend of circular economy
would be a key intervention for
rationalizing the HW
generation and
reuse/utilisation.
38
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
xi. Board shall develop sectoral
process based reasonable HW
generation range to have
uniformity in assessing the
HW generation from industries
and benchmarking the same
with its peers, rather than
solely depending on industry
data.
xii. Expedite conducting of
environmental audit of
common and captive TSDFs
available in the State and
submit the audit report to
CPCB. In this regard, CPCB
has prepared guidance
document and same is under
finalization. Upon finalization,
the same will be circulated to
all SPCBs/PCCs for
conducting audit in line with
guidance document prepared
by CPCB.
xiii. Board shall direct operator of
TSDF, Dobbaspet Bangalore
Rural for opening of escrow
account (as per MoEF&CC O.
M. dated 16/04/2009).
39
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO
. xiv. Board shall ensure
compliance to all the
directions related to Spent
Solvent recovery units issued
vide dated 30/01/2019.
17. Kerala i. Board shall expedite the i. Complied i. Initiate action for development
development of elaborate protocols laboratory where all HW
to ensure enhanced level and parameters as required under
frequency of enforcement and the HOWM Rules can be
environmental monitoring of analysed.
recycling/ utilisation facilities.
ii. Expedite conducting of
iii. Initiate action for development ii. Partially Complied environmental audit of
laboratory where all HW common and captive TSDFs
The Board's Central Lab is
parameters as required under the available in the State and
accredited by NABL & being
HOWM Rules can be analysed. submit the audit report to
continuously upgraded for
CPCB. In this regard, CPCB
analysis of all HW parameters. In
has prepared guidance
case of non- availability of the
document and same is under
infrastructure for analysis of some
finalization. Upon finalization,
HW parameters it is done through
the same will be circulated to
external laboratories.
all SPCBs/PCCs for
iv. Expedite conducting of iii. Not Complied conducting audit in line with
environmental audit of guidance document prepared
Audit not conduced yet.
common/captive TSDFs available by CPCB.
40
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
in the State and submit the audit
report to CPCB.
18. Lakshadweep i. Shall initiate action for identifying i. Not submitted the 2nd, 3rdand 4th i. Board shall initiate action for
hazardous waste generating unit quarter compliance report, inclusion of Other waste in the
and grant authorization to such however, quarterly report for regulatory actions, including
units available in the UT. July-September, 2020 has inventory.
submitted. ii. Board shall ensure verification
ii. Take necessary action . Not complied of closing of the manifests
compliance to the HOWM Rules, 2016 and received and reconcile the HW
(w.r.t. bringing other waste into
recommendationsoftheMonitoringCommittee. handling data.
regulatory actions; development
of uniform inspection format and iii. Shall immediately grant
iii. Shall also ensure compliance to the authorization to units identified
enforcement framework;
action points suggested by
verification of units before grant by Lakshadweep PCC.
Monitoring committee and submit
of authorization; submission of iv. Shall develop Uniform format
report to CPCB in prescribed
format. annual returns; invoke the for visits and inspections of
powers conferred under clause HW handling facilities is
iv. Board shall be directed to submit 23 (1) and (2) of the HOWM necessary to ensure
the status on setting up of TSDF or Rules, 2016; refusal and comprehensive inspections as
sharing arrangement with revocation of authorization; per the provisions of the Rules.
authorized common TSDFs of updation of website w.r.t. v. Board shall develop
neighboring states. enforcement actions; sectoral
development of process based reasonable HW
benchmarking/guideline for HW generation range to have
recycling/utilization, uniformity in assessing the HW
environmental benchmarking generation from industries and
benchmarking the same with its
41
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
among similar industries; and peers, rather than solely
setting up of TSDF). depending on industry data.
iii. Partially Complied vi. Board shall invoke the powers
(timeline i.e. 31.12.2020, conferred under clause 23 (1)
and (2) of the Rules, related to
provided for grant of
all damages caused to the
authorization; development of
environment or third party due
sectoral process based to improper handling and
generation range; to ensure management of the hazardous
effective enforcement of Rules, and other wastes, and non-
conditional consent and compliance respectively.
authorization has been issued;
vii. Board shall prosecute habitual
and laboratory is available)
and serious defaulters under
iv. Not Applicable provisions of the Environment
(w.r.t. development of elaborated (Protection) Act, 1986. Other protocol for pre-processing, alternative regulatory actions recycling/ utilization as no such including refusal and revocation units available in Lakshadweep, of Authorisation can also be however, administration has explored following the due identified an authorized recycler process.
for used/waste oil at Aluva, ii. Board shall update websites Kerala and transport the items to with respect to all enforcement the mainland for final disposal.) actions along with details of industries and action taken.
iii.
Board shall
develop an
enforcement framework for
effective enforcement of Rules
42
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
based on principle of
proportionality and also,
precautionary principle. Such
framework will remove
ambiguity in regulatory actions
and bring transparency,
predictability and consistency
in enforcement for actions.
x. Board shall develop document in
recycling and utilisation of
HW in terms waste management
hierarchy mandated in the rules
across all the States in order to
ensure the level playing field for
the industry.
xi. Board shall also develop certain
benchmarks/ guidelines for the
possibilities of HW
recycle/utilisation on case to
case basis.
viii. Board shall develop concept of
environmental benchmarking
among the similar industries
generating HW can be useful to
ensure consistency and
uniformity. The emerging trend
of circular economy would be a
43
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
key intervention for
rationalizing the HW generation
and reuse/utilisation.
xiii. In accordance with the orders
dated 26/08/2019 of the
Hon'ble Tribunal and CPCB
report on categorization of
States, Board shall submit the
status on sharing arrangement
made with authorized common
TSDFs of neighboring states.
xiv. Board needs to take cognizance
of aspects while enforcing the
relevant rules (w.r.t. domestic
hazardous waste and hazardous
waste generated from e-waste
rules like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
xv. Board shall
upgrade the laboratory facility
where all HW parameters as
required under the Rules can
be analyzed.
44
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
19. Manipur i. Manipur PCB shall bring other i. Partially Complied i. Manipur PCB shall bring other
waste in regulatory domain and waste in regulatory domain
also report in its inventory report. and also report in its inventory
report.
ii. The Board shall immediately
develop enforcement
ii. Develop enforcement framework for ii. Not Complied framework for effective
effective enforcement of Rules Under development for workshops enforcement of Rules based on
based on the principle of and garages. the principle of proportionality
proportionality and also and also precautionary
precautionary principle. principle.
iii. The Board shall scientifically
iii. The Board shall adopt uniform iii. Complied verify and validate the HW
inspection format for visits and data and facilities before
inspections of HW handling grant/ renewal of
facilities. authorization.
iv. Initiate action for development
iv. The Board shall scientifically verify iv. Not complied of laboratory where all HW
and validate the HW data and parameters as required under
facilities before grant/ renewal of the HOWM Rules can be
authorization. analyzed.
v. Board shall verify and validate the v. Partially Complied v. Board shall verify and validate
inventory data before accepting the 02 units verified (i.e. IOC LPG the inventory data before
same and adopt the CPCB's bottling plant and IOC Oil Depot). accepting the same and adopt
guidelines while preparation of HW the CPCB's guidelines while
inventory report.
45
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
preparation of HW inventory
vi. Initiate action for vi. Not Complied report.
laboratory where all HW No laboratory available with the vi. In accordance with the orders
parameters as required under the SPCB, however, proposal has been dated 26/08/2019 of the
HOWM Rules can be analyzed. submitted for establishment of the Hon'ble Tribunal and CPCB
same. report on categorization of
States, Board shall submit the
vii. Board shall be directed to submit vii. Not Complied status on sharing
the status on setting up of TSDF or No action taken. arrangement made with
sharing arrangement with authorized common TSDFs of
authorized common TSDFs of neighboring states.
neighboring states.
20. Madhya i. Board shall submit the i. Partially Complied i. Board shall expedite the
Pradesh environmental audit of all environmental audit of all
MPPCB has developed a format for
common/ captive TSDFs exist in common and captive TSDFs
conducting the audit and requested
the state to CPCB. existing in the state and
CPCB for approval & providing
submit the report to CPCB.
guidelines for environmental audit
Based on the request from
vide letter No. 1691 dated
Madhya Pradesh PCB, CPCB
17.09.2020. Based on the format,
has prepared guidance
audit is under process.
document in this regard and
same is under finalization.
Upon finalization, the same
will be circulated to all
SPCBs/PCCs for conducting
audit in line with guidance
document prepared by CPCB.
46
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
21. Maharashtra i. Board shall submit i. Partially Complied i. Board shall expedite the
environmental audit of all Work order for audit of 4 ii. environmental audit of all
common/captive TSDFs exist in the CHWTSDFs in the State is given to common and captive TSDFs
state to CPCB. NEERI and the work is in progress. exist in the state and submit
v. Board shall verify the mandatory Delays caused due to COVID -19 the report to CPCB. In this
amount deposited by all TSDFs in pandemic. regard, CPCB has prepared
Escrow Account. ii. Partially Complied guidance document and same
vi. Board shall provide specific link of All the 04 facilities have opened is under finalization. Upon
inventory of spent solvent recovery the Escrow Account, however, finalization, the same will be
units published on its website. details on verification of same is circulated to all SPCBs/PCCs
not reported. for conducting audit in line
iii. Complied with guidance document
prepared by CPCB.
Board shall immediately verify
the mandatory amount
deposited by all TSDFs in
Escrow Account.
22. Mizoram i. Mizoram PCB shall bring other i. Partially Complied i. Mizoram PCB shall bring other
waste in regulatory domain and Not included in inventory however, waste in regulatory domain
also report in its inventory report. Board initiated actions in this and also report in its inventory
regard. report.
ii. Board shall expedite
the ii. Not applicable ii. Board needs to take
development of elaborate protocols As there is no HW recyclers and cognizance of aspects while
to ensure enhanced level and utilization facilities in Mizoram. enforcing the relevant rules
frequency of enforcement and (w.r.t. domestic hazardous
environmental monitoring of waste and hazardous waste
47
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
generated from e-waste rules
iii. Board shall immediately update iii. Complied like fluorescent lamp other
website with respect to all The Board has its website on to mercury containing lamp) and
enforcement actions along with which information w.r.t. hazardous also, preparation of HW
details of industries and action wastes are updated. inventory and other
taken. interventions.
iv. Board needs to take cognizance of iv. Partially Complied iii. Develop framework for
aspects while enforcing the relevant Action initiated, however, not effective enforcement of Rules
rules (w.r.t. domestic hazardous reported in HW inventory report. based on proportionality and
waste and hazardous waste precautionary principle. Also,
generated from e-waste rules like ensure updation of website
fluorescent lamp other mercury w.r.t. enforcement actions
containing lamp) and also, along with details of industries
preparation of HW inventory and and action taken.
other interventions.
iv. Board shall immediately
ii.Develop framework for effective v. Not complied upgrade the laboratory facility
enforcement of Rules based on No framework has been prepared where all HW parameters as
proportionality and precautionary by the Board as hazardous wastes required under the Rules can
principle. Also, ensure updation of generating units are mostly small be analyzed.
website w.r.t. enforcement actions unit of Automobiles repairing
along with details of industries and workshop generating less amount v. In accordance with the orders
action taken. of used oil. dated 26/08/2019 of the
Hon'ble Tribunal and CPCB
vi. Board shall immediately upgrade vi. Not complied report on categorization of
the laboratory facility where all HW Proposal for upgradation of States, Board shall submit the
Laboratory was submitted to CPCB
status on sharing
48
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
parameters as required under the arrangement made with
Rules can be analysed. vii. Not complied authorized common TSDFs of
Requested Assam PCB for sharing neighboring states.
vii. Board shall be directed to submit arrangement once TSDF
the status on setting up of TSDF or commissioned/operational.
sharing arrangement with
authorized common TSDFs of
neighboring states.
23. Meghalaya i. Board shall take necessary action i. Not submitted the 2nd, 3rdand i. Board shall initiate action for
for compliance to the HOWM 4th quarter compliance report, inclusion of Other waste in
Rules, 2016 and recommendations however, quarterly report for the regulatory actions,
of the Monitoring Committee. July-September, 2020 has including inventory.
submitted. ii. Board shall ensure
iii. Board shall be directed to ii. Complied verification of closing of the
submit (identification and manifests received and
the 2nd, 3rdand 4th quarter quantification of HW reconcile the HW handling
compliance report. generation; development of data.
uniform inspection format; iii. Board shall invoke the powers
ii. Board shall be directed to submit conferred under clause 23 (1)
verification of HW data before
the status on setting up of TSDF or and (2) of the Rules, related to
grant of authorization; and all damages caused to the
sharing arrangement with documentation of non- environment or third party
authorized common TSDFs of compliances) due to improper handling and
neighboring states. management of the hazardous
iii. Partially Complied and other wastes, and non-
submission of annual report compliance respectively.
iv. Board shall verify and validate
and verification of inventory
the inventory data before
data
accepting the same and adopt
49
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
the CPCB's guidelines while
iv. Not Complied preparation of HW inventory
(w.r.t. bringing other waste report.
into regulatory actions; invoke v. Board shall prosecute
the powers conferred under habitual and serious
clause 23 (1) and (2) of the defaulters under provisions
of the Environment
HOWM Rules, 2016; refusal
(Protection) Act, 1986. Other
and revocation of alternative regulatory
authorization of violators and actions including refusal and
habitual defaulters; updation revocation of Authorisation
of website w.r.t. enforcement can also be explored
actions; Development of following the due process.
enforcement framework for vi. Board shall update websites
with respect to all
effective enforcement of Rules;
enforcement actions along
development of approaches with details of industries
w.r.t. waste management and action taken.
hierarchy, vii. Board shall develop an
benchmarking/guideline for enforcement framework for
HW recycling/utilization, effective enforcement of
environmental benchmarking Rules based on principle of
proportionality and also,
among similar industries; and
precautionary principle.
setting up of TSDF). Such framework will remove
v. Partially Complied ambiguity in regulatory
(w.r.t. reconciliation of actions and bring
manifest; timeline i.e. transparency, predictability
31.12.2020 provided for and consistency in
development of sectoral enforcement for actions.
50
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
process based generation viii. Board shall develop sectoral
range; timeline i.e. process based reasonable
31.03.2023 provided for HW generation range to have
commissioning of laboratory uniformity in assessing the
facility) HW generation from
industries and
vi. Not Applicable benchmarking the same with
(w.r.t. development of its peers, rather than solely
elaborated protocols for pre- depending on industry data.
processing, recycling/
ix. Board shall develop
utilization units as no such
document in recycling and
units are available in
utilisation of HW in terms
Meghalaya)
waste management
hierarchy mandated in the
rules across all the States in
order to ensure the level
playing field for the industry.
x. Board shall also develop
certain
benchmarks/guidelines for
the possibilities of HW
recycle/utilisation on case to
case basis.
xi. Board shall develop concept
of environmental
benchmarking among the
similar industries generating
HW can be useful to ensure
consistency and uniformity.
The emerging trend of
circular economy would be a
51
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
key intervention for
rationalizing the HW
generation and
reuse/utilisation.
xii. In accordance with the orders
dated 26/08/2019 of the
Hon'ble Tribunal and CPCB
report on categorization of
States, Board shall submit the
status on sharing
arrangement made with
authorized common TSDFs of
neighboring states.
xiii. Board needs to take
cognizance of aspects while
enforcing the relevant rules
(w.r.t. domestic hazardous
waste and hazardous waste
generated from e-waste rules
like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
52
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
xiv. Board shall immediately
upgrade the laboratory
facility where all HW
parameters as required under
the Rules can be analysed.
24. Nagaland i. Develop framework for i. Not Complied i. Board shall
enforcement of Rules based on submit the compliance status
proportionality and precautionary principle. report for the period April-
Also, ensure updation of website w.r.t. September, 2020 to CPCB as
enforcement actions along with details of per prescribed format.
industries and action taken.
ii. Develop framework for
ii. Nagaland PCB shall bring other effective enforcement of Rules
waste in regulatory domain and ii. Not Complied based on proportionality and
also report in its inventory report. precautionary principle. Also,
ensure updation of website
iii. Board shall expedite w.r.t. enforcement actions
the iii. Not Complied along with details of industries
development of elaborate protocols and action taken.
to ensure enhanced level and
frequency of enforcement and iii. Nagaland PCB shall
environmental monitoring of other waste in regulatory
recycling/ utilisation facilities. domain and also report in its
inventory report.
iv. Board shall initiate action for the iv. Not Complied identification and quantification of iv. Board shall expedite the hazardous waste generation at development of elaborate the authorisation stage itself and protocols to ensure enhanced 53 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
therefore shall adopt the scientific level and frequency of principles as enumerated for such enforcement and identification and quantification of environmental monitoring of HW. recycling/ utilisation facilities.
v. The Board shall scientifically verify v. Not Complied v. Board shall initiate action for and validate the HW data and the identification and facilities before grant/ renewal of quantification of the authorization. hazardous waste generation at the authorisation stage itself vi. Board shall immediately update vi. Not complied and therefore shall adopt the website with respect to all scientific principles as enforcement actions along with enumerated for such details of industries and action identification and taken quantification of HW.
vii. Not complied vii. Board shall immediately upgrade vi. The Board shall scientifically the laboratory facility where all HW verify and validate the HW parameters as required under the data and facilities before Rules can be analyzed. grant/ renewal of authorization.
viii. Board shall be directed to submit viii. Not complied the status on setting up of TSDF or vii. Board shall immediately sharing arrangement with update website with respect to authorized common TSDFs of all enforcement actions along neighboring states. with details of industries and action taken 54 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
viii. Board shall immediately
upgrade the laboratory
facility where all HW
parameters as required under
the Rules can be analyzed.
ix. Board shall be directed to
submit the status on setting
up of TSDF or sharing
arrangement with authorized
common TSDFs of neighboring
states.
25. Odisha i. Board shall submit i. Partial compliance i. Board shall expedite the
environmental audit of all Board issued letter to operator/ environmental audit of all
common/captive TSDFs exist in the occupier of TSDF to engage Board's common and captive TSDFs
state to CPCB. approved organization for exist in the state and submit
conducting audit and submitting the audit report to CPCB. In
report by 15th October,2020. this regard, CPCB has
iii. Odisha PCB shall bring other waste prepared guidance document
in regulatory domain and also ii. Partially Complied and same is under finalization.
report in its inventory report. One unit has been authorized, Upon finalization, the same
however not reported in HW will be circulated to all
iv. Board needs to take cognizance of inventory report. SPCBs/PCCs for conducting
aspects while enforcing the relevant audit in line with guidance
rules (w.r.t. domestic hazardous document prepared by CPCB.
waste and hazardous waste iii. Partially Complied ii. Odisha PCB shall bring other
generated from e-waste rules like waste in regulatory domain
55
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
fluorescent lamp other mercury Material recovery facilities have and also report in its inventory
containing lamp) and also, been developed by 77 nos of ULBs, report.
preparation of HW inventory and however, not reported in HW
other interventions. inventory report. iii. Board needs to take
cognizance of aspects while
enforcing the relevant rules
(w.r.t. domestic hazardous
waste and hazardous waste
generated from e-waste rules
like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
26. Puducherry i. Board shall immediately invoke the i. Not complied i. PPCC shall immediately
powers conferred under clause 23 No information provided in this invoke the powers conferred
(1) and (2) of the Rules, related to regard. under clause 23 (1) and (2) of
all damages caused to the the Rules, related to all
environment or third party due to damages caused to the
improper handling and environment or third party
management of the hazardous and due to improper handling and
other wastes, and non-compliance management of the hazardous
respectively. and other wastes, and non-
compliance respectively.
ii. Initiate action for ii. Partial Compliance
laboratory where all HW Facility available with PPCC, ii. Initiate action for development
parameters as required under the accredited for ambient air, stack laboratory where all HW
HOWM Rules can be analysed. parameters as required under
56
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
emission, noise level, effluent, the HOWM Rules can be
ground water, river & lake. analyzed.
iii. Board shall be directed to
expedite setting up of TSDF and iii. Complied submit the status. Sharing arrangement is made with TSDF facility M/s Mother Earth Enviro Tech Limited, Bangalore.
The copy of agreement is provided.
27. Punjab i. The Board shall adopt uniform i. Complied i. Board shall submit the inspection format for visits and environmental audit report of inspections of HW handling all common and captive TSDFs facilities. exist in the state to CPCB. In this regard, CPCB has ii. Board shall submit ii. Not Complied prepared guidance document environmental audit report of all The field offices have already been and same is under finalization. common/captive TSDFs exist in instructed to carry out Upon finalization, the same the state to CPCB. Environmental Audit will be circulated to all SPCBs/PCCs for conducting iii.Board needs to take cognizance of iii. Partially Complied audit in line with guidance aspects while enforcing the relevant The Distt level committees document prepared by CPCB.
rules (w.r.t. domestic hazardous instructed the EO's of the ULBs to
waste and hazardous waste inspect and make action plan to
ii. Board needs to take
generated from e-waste rules like bring domestic hazardous waste
cognizance of aspects while
fluorescent lamp other mercury and fluorescent and other
enforcing the relevant rules
containing lamp) and also, mercury containing lamps into the
(w.r.t. domestic hazardous
preparation of HW inventory and ambit of annual inventory.
waste and hazardous waste
other interventions. generated from e-waste rules
like fluorescent lamp other
57
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
iv. Board shall immediately upgrade iv. Partially mercury containing lamp) and
the laboratory facility where all Complied also, preparation of HW
HW parameters as required under Board has facility for analysis of inventory and other
the Rules can be analysed. physico-chemical, heavy metals, interventions.
pesticides and microbiology only
v. Board shall ensure compliance of iii. Board shall immediately
directions issued by CPCB vide vi. Complied upgrade the laboratory
dated 30/01/2019 in case of all facility where all HW
spent solvent recovery units parameters as required under
available in the State. the Rules can be analysed.
28. Rajasthan i. Board shall immediately invoke the i. Partially Complied. i. Board shall immediately
powers conferred under clause 23 Board has not invoked powers invoke the powers conferred
(1) and (2) of the Rules, related to conferred under 23(1) and (2), under clause 23 (1) and (2) of
all damages caused to the however, authorized of 18 the Rules, related to all
environment or third party due to defaulting units have been damages caused to the
improper handling and refused/revoked. environment or third party
management of the hazardous and due to improper handling and
other wastes, and non-compliance management of the hazardous
respectively. and other wastes, and non-
compliance respectively.
ii. Rajasthan PCB shall ii. Not Complied
framework for effective enforcement of ii. Rajasthan PCB shall develop
Rules based on proportionality and framework for effective
precautionary principle. enforcement of Rules based on
proportionality and
iii.Board shall initiate action for the precautionary principle.
identification and quantification of iii. Partially Complied
58
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
the hazardous waste generation at Board has informed that iii. Board shall ensure
the authorisation stage itself and scientific principle based identification and
therefore shall adopt the scientific identification and quantification of the
principles as enumerated for such quantification is not being hazardous waste generation at
identification and quantification of carried out. However, the authorisation stage itself
HW. identification and and therefore shall adopt the
quantification on the basis of scientific principles as
records and forms filled is enumerated for such
being carried out by Regional identification and
Offices. quantification of HW.
iv. Expedite conducting of
environmental audit of the all iv. Partially Complied iv. Expedite conducting of
common/captive TSDFs available Work order has been placed for environmental audit of the all
in the State and submit to CPCB environmental audit by M/s common and captive TSDFs
Balotra Waste Management available in the State and
Ltd. submit to CPCB. In this
v. Board shall verify the mandatory regard, CPCB has prepared
amount deposited by all TSDFs in v. Complied guidance document and same
Escrow Account. is under finalization. Upon
finalization, the same will be
vi. Board shall expedite development circulated to all SPCBs/PCCs
of laboratory where all HW vi. Partially Complied for conducting audit in line
parameters can be analyzed. with guidance document
prepared by CPCB.
vii. Rajasthan PCB shall initiate action to bring other waste in regulatory vii. Partially Complied v. Board shall expedite domain and also report in its Board has informed that it has development of laboratory inventory report. issued office order dated 59 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
25/08/2020 to identify units where all HW parameters can which are engaged in handling be analyzed. other waste and bring it into the regulatory ambit. vi. Rajasthan PCB shall ensure to bring other waste in regulatory viii. Board shall submit the compliance domain and also report in its status w.r.t. spent solvent recovery viii. Partially Complied inventory report. unit in the prescribed format as the Rajasthan PCB has verified details on action taken on erring only 01 unit, out of 03 units, vii. Board shall ensure units, inventory, interaction manifest system is being compliance w.r.t. all points as programme, etc. have not be followed up by only 01 unit, no per CPCB direction dated submitted by Board. action has been taken against 30/01/2019 and submit erring units, and also no updated compliance statues. interaction programs has been conducted with stakeholders.
29. Sikkim i. Board shall immediately update its i. Complied i. Board shall immediately prepare website with respect to all Till date no accidents or non- enforcement framework for enforcement actions along with compliance to the HW has been effective enforcement of Rules details of industries and action reported. based on principle of taken. proportionality and also, precautionary principle.
ii. Board shall immediately prepare viii. Not complied enforcement framework for effective Under preparation. ii. Board shall take necessary action enforcement of Rules based on to bring other waste in regulatory principle of proportionality and domain, as envisaged in the rules also, precautionary principle. and also report the same in the 60 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
iii. Board shall take necessary action inventory report on hazardous to bring other waste in regulatory and other waste management. domain, as envisaged in the rules iii. Not complied and also report the same in the Not applicable as the import and iii. Board needs to take cognizance of inventory report on hazardous and export of waste falling under aspects while enforcing the other waste management. Schedule III Part B & D of the relevant rules (w.r.t. domestic Hazardous & Other Wastes hazardous waste and hazardous (Management & Transboundary waste generated from e-waste Movement) Rules, 2016 is not rules like fluorescent lamp other reported. Also customs office and mercury containing lamp) and ports are not set up in the state. also, preparation of HW inventory However, the other waste and other interventions.
(indigenously generated) shall also be required to be included in the iv. Board shall immediately upgrade iv. Board needs to take cognizance of inventory report. the laboratory facility where all aspects while enforcing the relevant HW parameters as required under rules (w.r.t. domestic hazardous iv. Partial Compliance the Rules can be analyzed. waste and hazardous waste SPCB-Sikkim has conducted generated from e-waste rules like sensitization & capacity building fluorescent lamp other mercury programme for concerned containing lamp) and also, departments, ULBs, BACs & GPUs.
preparation of HW inventory and The UDD has also been apprised
other interventions. with regard to collection and
channelization of Domestic HW
during various departmental
meetings of SLC and SLAB
v. Board shall immediately upgrade meetings.
the laboratory facility where all HW
61
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
parameters as required under the v. Not Complied
Rules can be analyzed. Laboratory for hazardous waste is
yet to be set up. HW is currently
analyzed in NABL accredited
laboratory of West Bengal Waste
vi. Board shall be directed to submit Management Ltd.
the status on setting up of TSDF or
sharing arrangement with vi. Complied
authorized common TSDFs of The HW generated in the state of
neighboring states. Sikkim is transported to M/s West
Bengal Waste Management Ltd.,
Haldia, West Bengal for disposal.
The Sikkim SPCB has also
initiated co-processing of
Hazardous Waste in cement plants
located in Assam and Meghalaya.
30. Tamil Nadu i. Board shall initiate action for the i. Complied i. Board shall ensure
identification and quantification of TN PCB has been granted documentation of non-
the hazardous waste generation at authorization under HOWM Rules, compliance while processing
the authorisation stage itself and 2016 after checking authorisation for renewal or
therefore shall adopt the scientific material inspections in order to invoke
principles as enumerated for such balance and quantification of the powers of refusal or revocation
identification and quantification of hazardous waste generation from of authorisation as per Rules.
HW. process activity, etc. ii. Board shall immediately
prepare enforcement
ii. Board shall ensure documentation framework for effective
of non-compliance while processing ii. Not complied enforcement of Rules based on
authorisation for renewal or No information provided in this principle of proportionality
regard.
62
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
inspections in order to invoke and also, precautionary
powers of refusal or revocation of principle.
authorisation as per Rules.
iii. Expedite conducting of
iii. Board shall immediately prepare iii. Not Complied environmental audit of
enforcement framework for effective TN PCB has developed "monitoring common and captive TSDFs
enforcement of Rules based on protocol" for industries and available in the State and
principle of proportionality and "monitoring teams" have been submit the audit report to
also, precautionary principle. formed for regular/ surprise CPCB. In this regard, CPCB
inspections at zonal level. has prepared guidance
Hazardous waste incidents document and same is under
response team has also been finalization. Upon finalization,
formed for undertaking the same will be circulated to
investigations of illegal disposal of all SPCBs/PCCs for
HW, assessment of environmental conducting audit in line with
damages and implementation of guidance document prepared
remedial work, etc. by CPCB.
iv. Board shall ensure adoption of
Uniform format for visits and
inspections of HW handling iv. Complied
facilities.
v. Expedite conducting of
environmental audit of
common/captive TSDFs available v. Not complied 63 S. STATE/UT DIRECTIONS STATUS RECOMMENDATIONS NO.
in the State and submit the audit TNPCB is taking action in this report to CPCB. regard, however, no such audit report has been submitted vi. Board shall provide specific link of inventory of spent solvent recovery units published on its website. vi. Complied
31. Telangana i. Board shall immediately invoke the i. Complie i. Expedite conducting of powers conferred under clause 23 d environmental audit of (1) and (2) of the Rules, related to Compensation and closure common and captive TSDFs all damages caused to the directions have been issued to available in the State and environment or third party due to defaulting units. submit the audit report to improper handling and CPCB. In this regard, CPCB management of the hazardous and has prepared guidance other wastes, and non-compliance document and same is under respectively. finalization. Upon finalization, ii. Expedite conducting the same will be circulated to environmental audit of all SPCBs/PCCs for ii. Not complied common/captive TSDFs available conducting audit in line with Under process. guidance document prepared in the State and submit the audit report to CPCB. by CPCB.
ii. Board shall verify and validate iii. Board shall verify and validate the the inventory data before inventory data before accepting the accepting the same and adopt iii. Partially Complied the CPCB's guidelines while same and adopt the CPCB's guidelines while preparation of HW preparation of HW inventory inventory report. report.
64 S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
iv. Board immediately update
inventory of Spent Solvent Recovery iv. Complied. Unit available in their States on Board's website and provide the link of same.
32. Tripura i. Board shall immediately prepare i. Partially Complied i. Board shall immediately enforcement framework for effective Initiative has been taken by prepare enforcement enforcement of Rules based on TSPCB. framework for effective principle of proportionality and enforcement of Rules based on also, precautionary principle. principle of proportionality and also, precautionary ii. Board shall take necessary action principle.
to bring other waste in regulatory ii. Not complied ii. Board shall take necessary domain, as envisaged in the rules action to bring other waste in and also report the same in the regulatory domain, as inventory report on hazardous and envisaged in the rules and also other waste management. report the same in the inventory report on hazardous iii. Board shall expedite and other waste management.
the iii. Not complied
development of elaborate protocols Initiative has been taken. iii. Board shall expedite the
to ensure enhanced level and development of elaborate
frequency of enforcement and protocols to ensure enhanced
environmental monitoring of level and frequency of
recycling/utilisation facilities enforcement and
iv. Complied environmental monitoring of
iv. Board shall verify and scientifically recycling/utilisation facilities
65
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
before grant or renewal of
authorization iv. Board needs to
take
v. Board needs to take cognizance of cognizance of aspects while
aspects while enforcing the relevant v. Partially Complied enforcing the relevant rules
rules (w.r.t. domestic hazardous Initiative has been taken, however, (w.r.t. domestic hazardous
waste and hazardous waste not reported in HW inventory waste and hazardous waste
generated from e-waste rules like report. generated from e-waste rules
fluorescent lamp other mercury like fluorescent lamp other
containing lamp) and also, mercury containing lamp) and
preparation of HW inventory and also, preparation of HW
other interventions inventory and other
interventions
vi. Board shall be directed to submit
the status on setting up of TSDF or vi.
Not Complied v. Board shall submit the status
sharing arrangement with The matter has been taken up with on sharing arrangement with
authorized common TSDFs of government of Assam to share the authorized common TSDFs of
neighboring states. TSDF of Assam State. The State neighboring states.
Government has not identified any
site for setting up of common TSDF.
33. Uttar i. Board shall immediately update i. Not Complied i. Board shall immediately update
Pradesh website with respect to all No action has been taken in this website with respect to all
enforcement actions along with regard. enforcement actions along with
details of industries and action details of industries and action
taken. taken.
ii. Board shall immediately direct all ii. Not complied ii. Board shall immediately direct all
the operator of common TSDFs not the operator of common TSDFs
66
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
to return the HW consignment and not to return the HW
the consignment needs to be stored consignment and the
within the TSDF with information consignment needs to be stored
to the waste generator and also the within the TSDF with information
SPCB. to the waste generator and also
the SPCB.
iii. Expedite conducting of iii. Not complied
environmental audit of Common TSDF operator has been iii. Expedite conducting of
common/captive TSDFs available directed to submit audit report. environmental audit of common
in the State and submit the audit and captive TSDFs available in
report to CPCB. the State and submit the audit
iv. Partially Complied report to CPCB. In this regard,
iv. Board needs to take cognizance of Action has been initiated in this CPCB has prepared guidance
aspects while enforcing the relevant regard, however, not reported in document and same is under
rules (w.r.t. domestic hazardous HW inventory report. finalization. Upon finalization, the
waste and hazardous waste same will be circulated to all
generated from e-waste rules like SPCBs/PCCs for conducting
fluorescent lamp other mercury audit in line with guidance
containing lamp) and also, document prepared by CPCB.
preparation of HW inventory and
other interventions. iv. Board needs to take cognizance of
v. Not complied aspects while enforcing the
v. Board shall submit the compliance No information provided in this relevant rules (w.r.t. domestic
status on the directions issued by regard. hazardous waste and hazardous
CPCB vide dated 30/01/2019 on waste generated from e-waste
Spent Solvent Recovery units, as rules like fluorescent lamp other
the same has not received by CPCB. mercury containing lamp) and
67
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
also, preparation of HW inventory
and other interventions.
v. Board shall submit
compliance status on the
directions issued by CPCB vide
dated 30/01/2019 on Spent
Solvent Recovery units, as the
same has not received by CPCB.
34. Uttarakhand i. Board shall The information provided by i. Board shall
immediately direct Uttarakhand SPCB is not as per submit the compliance status
operator of common TSDF for not the prescribed format and does report for the period April-
returning the hazardous waste not includes the status on all the September, 2020 to CPCB as
consignment and the same shall action points. per prescribed format.
be stored within the premises with ii. Board shall immediately direct
information to generating unit and operator of common TSDF for
board. not returning the hazardous
waste consignment and the
ii. Board shall immediately prepare same shall be stored within
enforcement framework for effective the premises with information
enforcement of Rules based on to generating unit and board.
principle of proportionality and
also, precautionary principle. iii. Board shall
prepare enforcement
iii. Board shall also initiate action for framework for effective
upgradation of laboratory, where enforcement of Rules based on
all parameters listed under rules, principle of proportionality
can be analysed.
68
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
iv. Board needs to take cognizance of and also, precautionary
aspects while enforcing the relevant principle.
rules (w.r.t. domestic hazardous waste Board shall also initiate action
and hazardous waste
iv.
generated from e-waste rules like for upgradation of laboratory,
fluorescent lamp other mercury where all parameters listed
containing lamp) and also, v. under rules, can be analysed.
preparation of HW inventory and Board needs to take
other interventions. cognizance of aspects while
v. Expedite conducting of enforcing the relevant rules
environmental audit of (w.r.t. domestic hazardous
common/captive TSDFs available waste and hazardous waste
in the State and submit the audit generated from e-waste rules
report to CPCB. like fluorescent lamp other
mercury containing lamp) and
also, preparation of HW
inventory and other
interventions.
vi. Expedite conducting of
environmental audit of
common and captive TSDFs
available in the State and
submit the audit report to
CPCB. In this regard, CPCB
has prepared guidance
document and same is under
69
S. STATE/UT
DIRECTIONS STATUS RECOMMENDATIONS
NO.
finalization. Upon finalization,
the same will be circulated to
all SPCBs/PCCs for
conducting audit in line with
guidance document prepared
by CPCB.
35. West Bengal i. Expedite conducting of i. Partial Compliance i. West Bengal PCB shall
environmental audit of Environmental audit conducted to immediately submit the
common/captive TSDFs available in CHWTSDF by engaging Indian environmental audit report of
the State and submit the audit Institute of Social Welfare and common TSDFs and shall
report to CPCB.
Business Management (IISWBM), also initiate audit of captive
however report not submitted to TSDFs operating in the state
CPCB. and submit the audit report
ii. Board shall provide specific link of to CPCB.
inventory of spent solvent recovery ii. Complied units published on its website.
Status on compliance of the recommendations pertaining to CPCB:
1. Development of National Hazardous Waste Tracking System for effective enforcement of rules including verification and reconciliation of manifest system for movement of hazardous waste.
Status: The development of above tracking system is under process. Further, for the development of National Hazardous Waste Tracking System, CPCB requested Ministry of Environment, Forest and Climate Change for considering the National Hazardous Waste Tracking System under Central Sector Scheme of Hazardous Substance Management Division. The said project was also discussed in the meeting convened by MoEF&CC on 18/11/2020 and minutes of the said meeting is awaited. Recommendation: CPCB shall expedite the process of developing National Hazardous Waste Tracking System. Till the development of above tracking system, SPCBs/PCCs shall ensure effective enforcement of rules including verification and reconciliation of manifest system for movement of hazardous waste.
2. Evaluation and strengthening of laboratory facilities available with SPCBs/PCCs for analysis of all parameters specific under HOWM Rules.
70APPENDIX-II Status: CPCB prepared format for providing the details of the laboratory facilities available with SPCBs/PCCs. Out of 34 SPCBs/PCCs (who have submitted the status report) only 23 SPCBs/PCCs namely Andhra Pradesh, Assam, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Nagaland, Odisha, Puducherry, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh and West Bengal have laboratory facilities available in their State/UT, however, not for all the parameters as specified in HOWM Rules, 2016. Whereas, 10 SPCBs/PCCs (namely Andaman & Nicobar Island (pH, DO and Noise meter only) Arunachal Pradesh, Bihar, Chandigarh, Chhattisgarh, Jharkhand, Lakshadweep, Manipur, Punjab and Sikkim) have no facility for analysis parameters specified under HOWM Rules, 2016. Further, no information has been provided by Uttarakhand PCB in this regard Chhattisgarh ECB has informed that analysis is being carried out by third party lab however land has been procured for setting of central laboratory and will be developed by 31/12/2021. DPCC has laboratory facility for limited parameter (such as Zn, Pb, Co, Cr, Ni, Fe) and instruments like Bomb Colorimeter, XRF spectrophotometer, Zero head extractor, Flash point apparatus, Rotary evaporator, and Inducted coupled plasma are under procurement.
Haryana SPCB have 04 laboratories at Gurugram, Hissar, Faridabad and Panchkula, of which, only Panchklula laboratory is accredited. Board is in the process of purchasing laboratory equipment for analysis of remaining parameters i.e. ICP and Gas Chromatography. Mizoram PCB has provided list of instruments available with them and proposal submitted to CPCB regarding upgradation of tory facilities. Kerala SPCB has informed that the Board's Central Lab is accredited by NABL & being continuously upgraded for analysis of all HW parameters. In case of non- availability of the infrastructure for analysis of some HW parameters it is done through external laboratories.
Further, CPCB is also conducting training courses for SPCBs/PCCs under Capacity Building Program. Recommendations: All the SPCBs/PCCs shall submit the details of the laboratory facilities available with them to CPCB in the prescribed format for evaluation. Upon examination of the information provided by SPCBs/PCCs, CPCB shall communicate the gaps/shortcomings in the available facilities for analysis of all parameters specified in HOWM Rules, if any to SPCBs/PCCs.
1Verification of inventory report submitted by SPCBs/PCCs by way of test checks to ensure that the same is credible, reliable and robust in terms of contents and scope. Status: In this regard, CPCB initiated project for verification of inventory report along with compliance to HOWM Rules through government institutes like IIT, NIT, NEERI, etc. CPCB has identified about 104 institutes for carrying out the said project. SPCBs/PCCs have also been requested to provide the list of hazardous waste generating/handling units availabe in their states. Shortlisting of state-wise institutes and award of project is under process. The project is expected to be completed within 06 months after award of work. Recommendations: CPCB shall ensure the above verification being carried out in the presence/collaboration of SPCB/PCC and also ensure timely completion of verification of inventory report. Thereafter, based on above study and methodology illustrated during the above study, SPCBs/PCCs shall carry out the task of verification of inventory every year.
3.2 Compliance Status, Observations and Recommendations on the action points covered in the Final Report of the Monitoring Committee vis-a-vis orders dated 26/08/2019 of the Hon'ble Tribunal The orders (uploaded) dated 07/07/2020 of the Hon'ble Tribunal was communicated to all implementing agencies for compliance. In this regard, status of implementation has been received from Ministry of Commerce(CBIC), Ministry of Labour & Employment, DGFT, DG (S) and SPCBs/PCCs of 31 States/UTs namely Andaman & Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Odisha, Puducherry, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh and West Bengal. SPCBs of Nagaland and Uttarakhand have also submitted information but not on the recommendations made in CPCB report (June2020) w.r.t actions points given in the Interim and Final Report of the Monitoring Committee. However, status of implementation has not been provided by Ministry of Environment Forest & Climate Change, Port Authorities and 02 SPCB/PCC namely Bihar and DD&DNH on recommendations pertaining to implementation of the Final report of the Monitoring committee. On the basis of status of implementation by various agencies/SPCBs, the compliance status on various recommendations (except on contaminated sites as the same has been provided separately at Section 4 of this report) vis-à-vis the responsible Ministries/Agencies is as below:
2S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) I. IMPORT AND EXPORT OF HAZARDOUS WASTES AND ISSUES
5. Disposal of illegally imported CBIC-Partially Complied The circular dated i. CBIC shall take necessary consignments: 03/12/2018 states that the steps to strictly enforce its CBIC has informed that Cost custodian has to arrange for for disposal regarding Circular No. 49/2018-
(i) CBIC and Port authorities have destruction of goods at their unclaimed/uncleared cargo Customs dated 03.12.2018 to jointly devise a policy and own expenses, whereas CBIC is to be borne by the and incoporate mechanism for disposal of has informed that cost for custodian as per procedure mechanism/details of cost confiscated and disposal regarding laid down in Circular No. for disposal of confiscated unclaimed/uncleared cargo confiscated hazardous cargo 49/2018-Customs dated hazardous waste.
lying at various ports. The would be borne by CBIC. The
03.12.2018. Further, it has
policy/mechanism has to cover same needs to be clarified and ii. CBIC shall
informed that cost for
the details of bearing cost for communicated to concerned inform
disposal regarding
disposal of such consignments. for implementation. MoEF&CC and DGFT w.r.t
confiscated hazardous cargo
would be borne by CBIC. The Monitoring Committee details of the confiscated
(CBIC and Port Authorities : 05
had noted that there had and unclaimed/uncleared
months). Port Authorities- Not cargo disposed and
been considerable delay in
Complied
3
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Port Authorities have not clearing the importers of the same on
provided implementation uncleared/unclaimed regular basis.
status consignments. CBIC circular
dated 03.12.2018 needs to be iii. Port Authorities shall
strictly implemented, CBIC immediately submit
shall regularly verify the compliance status on the
same and apprise the DGFT Hon'ble NGT orders dated
and MoEF&CC w.r.t disposal 07/07/2020 and ensure
of the consignments with timely disposal of all the
details of the importer. confiscated and
uncleared/unclaimed
cargos in consultation with
Customs.
6. Laboratory Upgradation in CBIC- Partially Complied Information regarding i. CBIC shall make
Ports/Docks: arrangements for analysis of arrangements for analysis
CBIC has informed that relevant parameters have not of relevant parameters at
(i) CBIC to further extend and Central Revenues Control been provided for non-major
Laboratories have been non-major ports to prevent
enhance the laboratory ports. Further, parameter (as
upgraded and have been entry of illegal hazardous
infrastructure in all the major per Schedule III of HOWM
equipped with new, state of wastes either by setting up
ports and other non-major ports Rules, 2016) wise details on
art equipment's with its own infrastructure or
to prevent entry of hazardous the availability of facility for
recommendations made in analysis needs to be verified. though EPA/NABL
wastes. Otherwise,
WCO laboratory Guide 2017. accredited lab. CBIC shall arrangements for analysis of also provide parameter (as relevant parameters with per Schedule III of HOWM EPA/NABL accredited Rules, 2016) wise details laboratories having minimum on the availability of requisite laboratory facility for analysis.
infrastructure/equipment can
4
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
be put in place in advance by
CBIC.
(CBIC: 05 months)
7. Bank Guarantee procedure DGFT- Partially Complied DGFT has not identified list i. DGFT shall expedite the
and category of items on process for developing
(i) Procedure of executing bank DGFT vide its O.M dated which BG is applicable and procedure of executing guarantee by PSIAs and 24/11/2020 has informed also not developed procedure that Agencies which are bank guarantee by importer in case of import of for executing BG by importers and PSIAs in case restricted items (including seeking enlistment as PSIAs PSIA/Importers in case of of import of restricted items hazardous wastes specified are required to submit Bank restricted items.
and identification of the list under Schedule III and VI) and Guarantee of Rs. 10 lakhs. It was also informed that, and category of items on other items as recommended by inputs from MoEF&CC and which BG is applicable.
Monitoring committee be
DPIIT were sought by DGFT
devised and mandated by for mandating Bank
DGFT. Guarantee.
(DGFT: 05 months)
8. Verification of documents CBIC- Partially Complied CBIC is verifying documents i. CBIC shall place
for HW in Part D: physically and placing interdictions to improve
CBIC has informed that RMS
interdiction on basis of RMS. vigilance in order to verify
(i) CBIC shall address the issue of interdicts bills on potential Further, strengthening RMS imports of regulated or
strengthening of RMS for risk on assessment and by reviewing Custom banned/prohibited
improved vigilance adequately, assessment & examination, Clearance Requirements. hazardous waste as per
while verifying documents for further necessary
However, continuous steps
verification by apprising HOWM Rules, 2016 and
import of other wastes (Part D need to be taken up to ensure
officer. It was also informed continuously strengthen
of Schedule III of HOWM Rules, to verify imports of regulated
that in case of facilitated bills RMS through its
2016), especially those that are
of entry, documents relating experiences and in
5
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
similar to hazardous wastes to various regulatory or banned/prohibited collaboration with
(regulated or compliances are checked hazardous waste. MoEF&CC
banned/prohibited for import). before granting out of charge. (CBIC: 05 months) ii. MoEF&CC to verify the It has also been informed that RMS has been interdictions placed in populated for Customs verification of documents.
Compliance Requirements
(CCR) for "Other waste" and
focused review of CCR is
being conducted for other
waste having HS code and
strengthen RMS for
corresponding instructions.
CBIC in meeting dated
06.11.2020 has requested
MoEF&CC to provide list of
hazardous items alongwith
description and details for
which further interdictions
are required in RMS.
9. RMS system: CBIC-Partially Complied CBIC has made steps for i. CBIC, DGFT and MoEF&CC
(i) Central Board of Indirect identifying waste which are shall jointly take immediate
Taxes and Customs (CBIC) CBIC has informed that it is not covered by HS code. steps to identify and classify
reviewing Customs However, HS codes have not
and DGFT shall jointly HS code to cover all
Compliance Regulations and been classified for any of the
identify and classify HS code scheduled items as per HW
identifying types of waste waste.
to cover all scheduled items rules. Special efforts shall
as per HW rules and be be made to identify mis-
6
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
brought under the ambit of which are not covered by HS Monitoring Committee in its declared /unrestricted
RMS for stringent verification code. Final report had noted that as items without HS code,
and testing procedure. per of the Foreign Trade such items shall be brought
MoEF&CC- Not Complied Policy, 2015-2020, any
Notification of HS code for the under the ambit of RMS by
MoEF&CC has not provided changes or formulation or
HW consignments (mis developing HS codes for the
implementation status. addition of new codes in ITC-
declared) and those similar to same and stringent
HS Codes are carried out by
unrestricted items be DGFT- Partially Complied DGFT. verification/ testing
expedited by CBIC and DGFT. procedure shall be adopted
DGFT has informed that for the same.
(CBIC and DGFT: 05
classification of HS code is
months)
under exclusive domain of
Department of
(ii) Implementation of HS Codes Revenue/CBIC. Matter has
and monitoring of compliance been taken up with
have to be reviewed jointly by MoEF&CC and CBIC.
MoEF&CC and Customs on a
regular basis.
(MoEF&CC: on a regular
basis)
10. DGFT license in public domain: DGFT -Partially Complied i. DGFT shall ensure to
(i) DGFT license issued to DGFT has informed that continuously highlight the
hazardous and other wastes starting November license issued for hazardous
related items may be brought permissions granted for and other waste under EXIM
under a separate exclusive import of hazardous and policy in its minutes of
section of the minutes of the other waste will be meeting and place the same
EFC meeting for special highlighted under separated in public domain. DGFT shall
sub-head of minutes of
emphasis.
7
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
(DGFT: immediate) meeting of EXIM facilitation provide copy of the latest
committee. Minutes of meeting to CPCB.
11. Harmonization of 'other' CBIC- Partially Complied CBIC has taken steps, i. CBIC, DGFT and MoEF&CC
category in line with HWM CBIC has informed that it had however, categorically shall jointly expedite the
Rules, 2016: requested MoEF&CC to classification of 'oils' in 'other' process to provide HS code
identify specific tariff lines class category and for Oils under classification
(i) To ensure harmonization of
'other' category in line with alongwith description of harmonization of the HS of 'other' class category and
HWM Rules, 2016, CBIC commodities so that the codes with Basel no. for the develop HS code for all the
proposal can be sent for waste specified in HOWM hazardous and other wastes
and DGFT shall jointly notify
creation of new lines. It was Rules, 2016 is yet to be as specified in HOWM
HS code for all hazardous
and other wastes listed in further informed that, carried out. Rules, 2016 w.r.t
Part A, B and D of Schedule additional interdictions on import/export.
III of HOWM Rules including the basis of WCO report
Monitoring Committee in its
the items 'oils' under the dated 29.03.2017 on Final report had noted that as
'other' class categorically. Harmonized Commodity per of the Foreign Trade
Description and Coding Policy, 2015-2020, any
(CBIC and DGFT: 05 system related to Basel changes or formulation or
months) convention with respect to addition of new codes in ITC-
Hazardous waste will be HS Codes are carried out by taken, if required. DGFT.
DGFT- Partially Complied
DGFT has informed that
classification of HS code is
under exclusive domain of
Department of
8
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No Agency and timeline of action)
.
Revenue/CBIC. Matter has
been taken up with
MoEF&CC and CBIC for
classification of items under
"other" category separately.
12. Pre-Shipment Inspection Agency DGFT-Partially Complied i. DGFT and MoEF&CC
(PSIAs) for certain category of shall jointly identify list of
oils as per Annexure 13 of the DGFT has informed that
items whose import
ASG Report: MoEF&CC has to identify
would require PSIA
and recommend the names
(i) Initiatives be taken similar to certification and along
of items whose import world
that of metallic scrap wastes require PSIA certification and with details of the special
by DGFT for notifying PSIAs for special capacblities required capabilities required in a
certain category of oils in a PSIA to certify such PSIA and expedite the
suggested for pre-shipment consigments. Matter has process of notification of
inspections certificate for been referred to MoEF&CC PSIA for various
imports in the and MoPNG for their inputs. categories of oils
Recommendations of the suggested for pre-
former ASG, Sh Gopal shipment inspections
Subramaniam expeditiously. certificate for imports as
per the recommendations
(DGFT: 05 months) of the former ASG, Sh
Gopal Subramaniam.
13. Penal Action against the CBIC -Partially Complied CBIC is under process of i. Port Authorities &
defaulters in case illegal import: CBIC has informed that compiling the annual MoEF&CC shall
compilation of annual inventory of illegal imports. immediately provide
(i) CBIC, DGFT and Port
inventory of incidences of compliance status.
Authorities have to report the illegal imports is a time-
incidences of illegal import of
9
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
HW to Ministry of consuming process. Report is ii. CBIC and Port Authorities to
Environment, Forest and being compiled and report the incidences of
Climate Change (MoEF&CC) furnished by 30/12/2020 illegal import of HW to
as per provisions of the and for the upcoming years Ministry of Environment,
HOWM Rules, . 2016 on a by 30th September of the Forest and Climate Change
regular basis. year. (MoEF&CC) and DGFT on a
DGFT- Partially Complied regular basis. As and when,
(CBIC, Port Authorities and DGFT has informed that any report of illegal imports
DGFT : on a regular basis) Customs authorities are received by DGFT, the same
competent authority to may also communicated to
(ii) Ministry of Environment, check imported MoEF&CC.
Forest and Climate Change consignments and as such (MoEF&CC) have to expedite reporting of the same. iii. MoEF&CC and DGFT shall the process of delegation of Port Authorities- not take necessary actions power vested under Section Complied against the illegal 19 of the Environment Status of implementation has importers in accordance (Protection) Act, 1986 to not been provided by port with the laws and update CBIC, to enable them to take authorities the same in public domain. credible action against such MoEF&CC- Not Complied violators under the E(P) Act, Status of implementation has 1986. not been provided by MoEF&CC.
(MoEF&CC : 03 months)
14. Re-export of illegal DGFT -Not Complied The Monitoring Committee in i. DGFT shall examine the consignments after confiscation: its Final report had noted the Hon'ble High Court of DGFT has informed that FT direction of Hon'ble High Kerala, where in the case (D&R) Act does not provide Court of Kerala in the case 10 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No Agency and timeline of action) .
DGFT to expedite the process for
(i) re-export of illegal pertaining to import of pertaining to import of of notifying for delegating such consigments, thus question Multifunctional Devices Multifunctional Devices powers to the Customs of delegation of power to (MFDs) without (MFDs) without Authorities to take action Customs does not arise. permission/license wherein permission/license from against the erring importers. the Hon'ble Court had DGFT, the Hon'ble High directed that power to direct Court directed that the importers to re-export lies (DGFT: 03 months) powers to direct importers with DGFT.
to re-export lies with the
DGFT under FT (D&R) Act,
1992 and not with the
Customs Authorities. Thus,
DGFT to expedite the
process of notification for
delegating powers to the
Customs Authorities to take
action against the erring
importers.
15. Clearance of Waste Oil/Sludge Port Authorities- Not Andhra Pradesh, Goa, i. SPCBs/PCCs of Andaman &
from Ships: Complied Maharashtra have informed Nicobar Islands, Assam,
Port Authorities have not that port(s) has been Gujarat, Karnataka, Kerala,
(i) Concerned SPCBs/PCCs or submitted status report. authorised. However, details Madhya Pradesh and Tamil
Port Authorities of State/UT have not been provided. Nadu shall submit updated
to grant/obtain necessary
progress report in this
authorization to cover Status of implementation Assam and Kerala have
informed the concerned regard.
hazardous wastes generated provided by SPCBs/PCCs
agencies to obtain Consent ii. SPCBs/PCCs of Andhra
from both normal port is given below:
and Authorization. Pradesh, Goa, Maharashtra
operations/activities and all
and West Bengal shall
11
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
ship generated wastes Complied: Odisha, Gujarat has informed that submit point wise
(MARPOL annexes) (e.g in Puducherry Board carries out inspection information as per the
case of used/waste Oil of ports for compliance format circulated.
authorization for Cat. No. 5 Partially Complied: consent and authorization iii. Rajasthan shall take
and Cat. No. 3 of HOWM Andaman & Nicobar Islands, conditions issued to port for immediate action for
Rules, 2016). The same be Andhra Pradesh, Assam, waste generation due to port authorization of reported 11
Goa, Gujarat, Karnataka, activities. However, details
also covered in the annual Ports/ICDs/CFCs in the
Kerala, Madhya Pradesh, have not been provided.
report submitted as per state.
Maharashtra, Tamil Nadu,
HOWM Rules, 2016. West Bengal. Karnataka has informed that iv. Port Authorities and
(SPCBs/PCCs and Port of 03 ports 02 are authorised. SPCBs/PCCs of 04
Authorities: 05 months) Not Complied- Rajasthan States/UTs namely Bihar,
Lakshadweep has informed
that there is no major/minor Daman & Diu and Dadar &
(ii) SPCBs/PCCs shall ensure Not Applicable: Arunachal port in Lakshadweep islands Nagar Haveli, Punjab and
that all the ports (including Pradesh, Chandigarh, and waste generated from Uttarakhand shall submit
minor ports), ICDs/CFSs Chhattisgarh, Delhi, administration run ships are compliance status.
have mandatory Himachal Pradesh, cleared at Kochi and waste is
authorization as per HOWM Haryana, Jammu & disposed of through
Rules, 2016. The said Kashmir, Jharkhand, authorised recyclers.
authorization shall be Lakshadweep, Manipur,
Meghalaya, Mizoram, Madhya Pradesh informed
granted by the SPCB/PCC that there are 07 ICDs out of
Nagaland, Sikkim,
after due scientific which 05 are being operated
Telangana, Tripura, Uttar
evaluation. Pradesh by CONCOR without consent
(SPCBs/PCCs: 05 months) and authorization and have
Information Not Provided: written to them to apply for Punjab & Uttarakhand the same. In this regard CONCOR has responded that it is not dealing with pollution prone bulk cargo and other 12 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) materials are not being dealt by them.
Maharashtra has informed that it has granted consent and authorization to 05 industries for Ports and harbours, jetties and dredging operations Punjab PCB has informed that it has 03 dry ports.
However, no details have been provided. Further, PPCB reported that implementation of HOWM Rules, 2016 will be carried out on quarterly basis.
Rajasthan has informed that it has 11 Ports/ICDs/CFCs.
However, no unit has been authorised.
Tamil Nadu has informed that out of 04 ports, 03 have obtained authorization and application of 01 is under process.
13S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) West Bengal PCB has not provided details of CFCs and their authorizations.
17 SPCBs/PCCs have informed that as there are no sea ports therefore, recommendation is not applicable to them.
Table B-1: State-wise status on availability and authorization of Ports/ICDs/CFCs and waste reception facilities is tabulated below:
S.No. State/UT No. of No. of No. of No. of Inventory Ports/ Ports/ Waste Waste provided ICDs/ ICDs/ Reception Reception by Ports/ CFCs CFCs Facility Facility ICDs/ availabl authorise available authorised CFCs
1. Andaman & Port-24 Port-01 03 03 No Nicobar islands
9. Andhra Port-01 Port-01 5 05 INP Pradesh
10. Arunachal Not Applicable Pradesh
11. Assam Port-01 0 INP INP INP (notice issued to IWAI, IWT for compliance) 14 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)
5. Chandigarh Not Applicable
6. Chhattisgarh Not Applicable
7. Delhi Nil Nil Nil Nil NA
8. Goa Port-01 Port-01 0 0 Yes
9. Gujarat INP Informed INP INP INP ports have been authorised
14. Haryana Not Applicable
15. Himachal Nil Nil Nil Nil NA Pradesh
16. Jammu & Not Applicable Kashmir
17. Jharkhand Not Applicable
18. Karnataka Port-03 02 01 01 Yes
19. Kerala INP Under INP INP INP Process
20. Lakshadweep No major/min or ports
21. Madhya ICDs-07 Directions INP INP INP Pradesh issued
22. Maharashtra INP INP 08 08 INP (at 02 ports) (at 02 ports)
23. Manipur Not Applicable
24. Meghalaya Not Applicable
25. Mizoram Not Applicable
26. Nagaland Not Applicable 15 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)
23. Odisha Port-03 03 03 03 Yes
24. Puducherry Port-01 01 01 01 Yes
25. Punjab Dry ports- INP INP INP INP 03
26.Rajasthan 11 0 0 0 No
27.Sikkim Not Applicable
28.Tamil Nadu Port-04 03 0 0 Yes
29.Telangana Not Applicable
30.Tripura Not Applicable
31.Uttar Not Applicable Pradesh
32. Uttarakhand Not Applicable
33. West Bengal 02 02 06 06 No
16. Findings of CAG Report CBIC-Partially Complied CBIC has initiated action for i. CBIC, DGFT and CBIC has informed that preparing inventory of the Port
(i) CBIC, DGFT and Port authorities shall power of disallowing illegal imports.
Authorities have to provide updated import/export is dealt by immediately provide complete status of the findings of DGFT and compilation of No information has been updated status of the CAG Report to annual inventory of provided by CBIC and DGFT findings of CAG and CPCB and MoEF&CC. incidences of illegal imports regarding updated status of action taken against Compliance status of action is being compiled and will be the findings of CAG and traceable illegal importers taken against those traceable furnished by 30/12/2020 action against traceble illegal to CPCB and MoEF&CC.
illegal importers by not and for the upcoming years importers.
ii. MoEF&CC, DGFT, CBIC allowing import/export by 30th September of the and Port Authorities shall directly/indirectly until such year.
take necessary action
consignments are safely DGFT-Not Complied against the
disposed off as per HOWM DGFT has informed that personnels/agencies
Rules, 2016 be also provided. CBIC is the competent involved in illegally
16
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
authority to deal with illegal importing hazardous &
(CBIC, DGFT and Port imports. other waste including not
Authorities: 05 months) allowing import/export
Port Authorities -Not directly/indirectly until
Complied
(ii) CBIC, shall prepare annual Port Authorities have not such consignments are
inventory of the illegally submitted status report safely disposed of as per
stored in ports/ICDs/CFSs HOWM Rules, 2016.
for every financial year and iii. CBIC and Port
submit to CPCB and Authorities (Ministry of
MoEF&CC by 30th September Shipping) shall regularly
every year. provide information of
(CBIC: 03 months) illegal imports along with
details of the importers
and license/NOC issued
by DGFT and MoEF&CC
to them for taking
necessary action.
iv. CBIC shall submit the
annual inventory of the
illegally imported/stored
consignments in
Ports/ICDs/CFSs within
the timeline stipulated by
them and thereafter shall
ensure submission by
30th September every year
to CPCB and MoEF&CC.
17
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No Agency and timeline of action)
.
v. Port Authorities shall
immediately submit
compliance status.
17. Authorization under HWM CBIC- Not Complied CBIC has informed that it i. CBIC to provide action
Rules, 2016 from concerned CBIC has informed that it is take authorization from CPCB taken w.r.t authorization
SPCB/PCC: not a consumer of Hazardous before disposal of watse. for handling, storage,
waste, hence, However, as per HOWM transportation, recycling,
(i) CBIC to provide action taken
recommendation to take Rules, 2016, SPCBs/PCC utilization, offering for
w.r.t authorization for authorization does not seem have powers to grant
handling, storage, sale, transfer or disposal,
to be appropriate. It further authorisation under the
transportation, recycling, to deal with the
informed that, NOC is Rules.
utilization, offering for sale, hazardous wastes that
obtained by CBIC from CPCB
transfer or disposal, to deal Further, HOWM Rules are confiscated. Further,
before disposal of waste. It
with the hazardous wastes that also requested CPCB to stipulated requirement of a Standard Operating
are confiscated. Further, a specify and authorization for
further various Procedure for obtaining
Standard Operating Procedure procedure to be taken up in activities related to hazardous authorization for
for obtaining authorization for this matter. and other waste including hazardous goods/wastes
hazardous goods/wastes that storage, transportation, that are confiscated may
Port Authorities-Not be developed by CBIC in
are confiscated may be offering to sale, disposal etc.
Complied
developed by CBIC in Thus, in order to perform consultation with
Port Authorities have not
consultation with such activity and duty as per SPCBs/PCCs.
submitted implementation
SPCBs/PCCs. Status Rule 15(3) of HOWM Rules, ii. Port Authorities shall
(CBIC: 05 months) 2016. The CBIC needs to provide status of
obtain authorization from compliance.
(ii) The Ports shall SPCBs/PCCs.
authorization for ship
generated wastes of MARPOL
annexes, in addition to the one
18
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
obtained for normal port
operations/activities within the
timeline prescribed.
(Port Authorities: 05
months)
18. Collaboration between regulating CPCB-Complied CPCB, CBIC and 10 i. MoEF&CC, Port
authorities: CPCB regularly carries out SPCBs/PCCs have been Authorities, and
interaction meeting with carrying out interaction SPCBs/PCCs of 06
(i) SPCBs/PCCs along with various regulatory agencies. sessions/workshops/meeting States/UTs namely
CustomsandPortauthoritiestoensureregular Assam PCB officials have Andaman & Nicobar interactionamongthemselvesforbetter CBIC-Complied compliance of import and CBIC has informed that vide attended the coordination Islands, Bihar, Daman & export related issues and Circular meeting held in CPCB zonal Diu and Dadar & Nagar No. 13/2015-
management of ship wastes. office and jointly organised Haveli, Madhya Pradesh,
Customs, it has setup
workshops for Rajasthan and
Custom Clearance
(MoEF&CC, CPCB, SPCBs implementation of HOWM Uttarakhand shall submit
Facilitation Committees at
/PCC, Customs and Ports Rules. compliance status.
every major customs
Authorities: On a regular seaports and airport in Andhra Pradesh, Goa,
basis) which Pollution Control Maharashtra, has informed . Andaman & Nicobar
Board is also a member that it has planned to conduct Islands, Rajasthan and
which is carrying out regular interactive Karnataka PCBs/PCC
meetings to resolve the session/workshop. shall take immediate
issues regarding action in this regard and
import/export. Gujarat has informed that it
is actively coordinating and SPCBs/PCCs Assam,
Andhra Pradesh, Goa,
MoEF&CC and Port participating in order to avoid
Maharashtra shall submit
Authorities- Not Complied working in silos progress report.
19S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No Agency and timeline of action) .
MoEF&CC and Port Kerala has informed that it Authorities have not has already communicated iii. SPCBs/PCCs along with submitted the status report. port authorities for applying Customs and Port for consent and Member authorities ensure regular Status of implementation Secretary has conducted interaction among provided by SPCBs/PCCs is meeting with them.
given below: themselves for better
Lakshadweep has informed compliance of import and
wastes and provide
Complied: Gujarat, that it has conducted
Himachal Pradesh, Kerala biannually status.
Lakshadweep, Odisha, Punjab, Tamil Nadu, Tripura
Puducherry, Punjab Tamil conducted meeting with
Nadu, Tripura, West Bengal stakeholders.
Partially Complied: Assam, Andaman & Nicobar Islands, Andhra Pradesh, Goa, Rajasthan and Karnataka Maharashtra have neither conducted nor attended interactive Not Complied: sessions/ workshops in this Andaman & Nicobar Islands, regard.
Rajasthan and Karnataka 14 SPCBs/PCCs have informed that as there are no Not Applicable: Arunachal sea ports (land locked) Pradesh, Chandigarh, therefore, recommendation Chhattisgarh, Delhi, of carrying of collaboration is Haryana, Jammu & not applicable to them.
Kashmir, Jharkhand,
Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim,
Telangana, Uttar Pradesh
20
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Information not provided:
Madhya Pradesh,
Uttarakhand
II. WASTE RECEPTION FACILITIES IN PORTS TO DEAL WITH WASTES GENERATED FROM SHIPS (MARPOL)
19. Availability of Waste Reception Directorate General of Details on the state-wise i. Ministry of Shipping shall Facilities at ports: Shipping- Partially availability of waste reception expedite the process of Complied facility and its authorization notification of
(i) DG(S) may expedite the DG (S) has informed that the is tabulated in Table B-1 "Mandatory requirements process of notifying the draft above.
'Mandatory requirements draft "Mandatory concerning port reception concerning port reception requirements concerning facilities for the delivery Assam has informed that facilities for the delivery of port reception facilities for of waste from ships and process of verification is going waste from ships and disposal the delivery of waste from on. disposal of such wastes"
of such wastes' and shall place ships and disposal of such and ensure compliance it on its website for inviting wastes" is being reviewed Andhra Pradesh, Gujarat, comments from concerned by law department before by port authorities.
Odisha, Puducherry have
stakeholders and ensure its forwarding the same to waste reception facility ii. DG(S) may be given
implementation through port Ministry of Shipping for appropriate powers
authorities. Goa has informed that no to implement the said
notification.
(ii) DG(S) may be given waste reception facility is notification on
appropriate powers to Port available. 'Mandatory requirements
Authorities- Not concerning port
implement the said Complied
notification on 'Mandatory Gujarat has informed that reception facilities for the
Port Authorities have not reception facilities of ports delivery of waste from
requirements concerning port
reception facilities for the submitted the status report. have already been authorized, ships and disposal of
delivery of waste from ships there are 78 authorized such wastes' in all ports.
and disposal of such wastes' Status of implementation recyclers for Port authorities may be
in all ports. Port authorities provided by SPCBs/PCCs is directed to provide the
may be directed to provide the given below: compliance status to
21
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
compliance status to DG(S) for recycling/refining of DG(S) for enabling the
enabling the Directorate in Partially Complied: used/waste oil. Directorate in
preparation of consolidated Andaman & Nicobar Islands, preparation of
status on availability of Port Karnataka has only one waste consolidated status on
Assam, Andhra Pradesh,
Reception Facilities and reception facility at 01 port availability of Port
Gujarat, Karnataka, Kerala,
submission to CPCB. which has been authorized by Reception Facilities and
Maharashtra, Odisha,
(DG(S) and Port Authorities: the Board. submission to CPCB.
Puducherry, Tamil Nadu and
05 months) iii. SPCBs/PCCs may
West Bengal Kerala has informed that coordinate with DG(S)
(iii) SPCBs/PCCs may coordinate orders have been and Port Authorities for
with DG(S) and Port Not Applicable: Arunachal communicated to port implementation of the
Authorities for implementation Pradesh, Chandigarh, authorities. Authorization aforesaid notification for
of the aforesaid notification for Chhattisgarh, Delhi, shall be granted by the SPCB environmentally sound
environmentally sound Haryana, Himachal after sue scientific evaluation. management and
management and disposal of Pradesh, Jammu & Kashmir, Waste reception facility in the disposal of ship wastes.
ship wastes. Jharkhand, Lakshadweep, port shall than be iv. SPCBs of Andaman &
(SPCBs/PCCs: 05 months) Manipur, Meghalaya, authentically documented. Nicobar Islands, Assam,
Mizoram, Nagaland, Sikkim, Andhra Pradesh, Gujarat,
Telangana, Tripura, Uttar Maharashtra, Kerala has
Karnataka, Kerala,
Pradesh informed that it has already
communicated the Maharashtra, Odisha,
Puducherry, Tamil Nadu
Not Complied: Goa and recommendations to
concerned authorities for and West Bengal shall
Rajasthan
compliance. ensure compliance and
Information not provided: submit progress report.
Punjab will be enforcing
Madhya Pradesh, Punjab, v. SPCBs of Goa and
HOWM Rules, 2016 on
and Uttarakhand Rajasthan shall
quarterly basis.
coordinate with DG(S)
Rajasthan has informed that and Port Authorities for
there are 11 waste reception facility in
22
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
ports/ICDs/CFCs, however, order to ensure
there is no waste reception environmentally sound
facility. management and
disposal of ship wastes.
Tamil Nadu has issued vi. SPCBs/PCCs of 05
instruction for setting up States/UTs namely
separate waste reception Bihar, Daman & Diu and
facility within port premises.
Dadar & Nagar Haveli,
Madhya Pradesh, Punjab
17 SPCBs/PCCs have
informed that as there are no and Uttarakhand shall
sea ports therefore, submit compliance
recommendation is not status.
applicable to them. vii. Rajasthan shall ensure to
provide waste reception
facility, if any ports are
available.
20. Authorization for the waste Status of implementation Details on the state-wise i. SPCBs/PCCs of 05
reception facilities and ports: provided by SPCBs/PCCs availability of waste States/UTs namely Bihar,
is given below: reception facility and its Daman & Diu and Dadar &
(i) SPCBs/PCCs may be directed authorization is tabulated in Nagar
to issue authorization to all Haveli, Madhya
Complied: Odisha and Table B-1 above. Pradesh, Punjab and
port authorities on the basis
Puducherry Uttarakhand shall submit
of inventory of ship generated Andhra Pradesh, Gujarat,
wastes in coordination with Partially Complied: Odisha, Puducherry have compliance status.
port authorities and
Andaman & Nicobar Islands, waste reception facility which ii. SPCB of Andaman &
preparation of annual report in have been authorised. Nicobar Islands, Assam,
Assam, Andhra Pradesh,
accordance with HOWM Rules,
Gujarat, Karnataka, Kerala, Andhra Pradesh, Gujarat,
2016.
Karnataka, Kerala,
23
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
(ii) SPCBs/PCCs shall ensure Maharashtra, Tamil Nadu Assam has issued notice to Maharashtra, Tamil Nadu
authorization is granted to West Bengal IWAI, IWT for compliance. and West Bengal shall
Ports and Waste reception submit progress report.
facility available at all ports Not Complied: Goa and Goa and Rajasthan have iii. Goa and Rajasthan SPCB
and all the provisions of Rajasthan informed that no waste
HOWM Rules, 2016 (i.e. shall ensure establishment
reception facility is available. of waste reception facility at
authorization, manifest
Not Applicable: Arunachal all ports and ensure
system, inventorization etc.)
Pradesh, Chandigarh, Tamil Nadu has issued
are being followed by Ports and authorization of the same.
Waste Reception Facilities. Chhattisgarh, Delhi, instruction for setting up
iii. SPCBs/PCCs shall ensure
Haryana, Himachal separate waste reception
enforcement all the
(SPCBs/PCCs : 05 months) Pradesh, Jammu & Kashmir, facility within port premises.
Jharkhand, Lakshadweep, provisions of HOWM Rules,
Manipur, Meghalaya, Maharashtra, Kerala has 2016 (i.e. authorization,
Mizoram, Nagaland, Sikkim, informed that it has already manifest system,
Telangana, Tripura, Uttar communicated port inventorization etc.) on Ports
Pradesh authorities for applying for and Waste Reception
consent and conducted Facilities and also
Information not provided: meeting with them. incorporate the generation
Madhya Pradesh, Punjab and management of
and Uttarakhand Karnataka has informed that hazardous waste from
0 3 ports of which only one port/waste reception facility
port has waste reception in their yearly annual
facility which has been
inventory.
authorised by the Board.
Punjab will be enforcing
HOWM Rules, 2016 on
quarterly basis.
24
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
West Bengal has informed
that ports and waste
reception facilities are
authorized. However, ports
do not provide information
in Annual return.
17 SPCBs/PCCs have
informed that as there are no
sea ports (land locked)
therefore, recommendation is
not applicable to them
21. Swachh sagar portal: Directorate General of i. DG(S) shall expedite the
Shipping- Partially process of enrollment of all
(i) DG(S) shall expedite the Complied the Ports on swachh sagar
process of enabling access by portal for enforcement
regulatory authorities to DG(S) has informed the Ports purposes and also provide
swachh sagar portal for are being assessed by list of the Ports and
enforcement purposes in Mercantile Marine SPCBs/PCCs registered on
consultation with CPCB. Departments for compliance the said portal.
(DG(S): 05 months) and enrolment to Swachh
Sagar periodically. An ii. SPCBs/PCCs shall access
assessment exercise is now the Swachh Sagar Portal
in progress. DG(S) has also and ensure verification of
informed that regulatory information/data for
agencies are enable to compliance of provisions of
access Swachh Sagar Portal the HOWM Rules, 2016.
by using respective user id
and passwords.
25
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
III. IMPACT OF HW ON WORKERS' HEALTH
22. Coverage of all workers Ministry of Labour and The Code on Social Security, i. Ministry of Labour and
under ESI Act, 1948 Employment- Complied 2020 has been notified. Its Employment shall ensure
effective implementation and implementation of the
(i) Appropriate directions may be MoLE has informed that the coverage of workers involved Social Security code and issued to Ministry of Labour code on Social Security, 2020 in handling and processing of provide status on the and Employment to expedite was introduced in Lok Sabha hazardous and other waste publication of the Draft Code on 19.09.2020. coverage of workers under health and other social on Social Security, 2019. Subsequently, The Code on involved in handling and support schemes needs to be processing of hazardous (Ministry of Labour and Social Security 2020 was ensured.
considered and passed by and other waste under Employment: 06 months) Lok Sabha and Rajya Sabha. health and other social After the assent from the support schemes. Hon'ble Present of India the same has been notified in the gazette of India for General information on 29/09/2020.
23. Implementation of Rule 5(2) of Status of implementation Gujarat, Haryana, Himachal i. Chief Secretaries of HOWM Rules, 2016: of Rule 5(2) as received Pradesh, Jammu & Kashmir, Meghalaya and from State/UT Mizoram, Punjab and Uttarakhand shall
(i) States/UTs who have not Tripura have taken action to immediately direct the responded is required to Partially Complied: sensitize concerned agencies Andaman & Nicobar concerned agencies for provide compliance status w.r.t implementation of Rule Islands, Assam, implementation of Rule 5(2) within three months, otherwise 5 of HOWM Rules, 2016 and Chandigarh, Gujarat, and monitor the same and Hon'ble NGT may consider meeting has been conducted Haryana, Himachal provide compliance status.
imposing environmental with concern
Pradesh, Jammu & Kashmir,
compensation, appropriately, departments/letters have
Karnataka, Madhya
26
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
as per directions of the Orders Pradesh, Mizoram, been issued to concerned ii. Chief Secretaries of 12
dated 26.08.2019. Maharashtra, Nagaland, departments. States/UTs namely
(State Government /UT Odisha, Punjab, Puducherry, Arunachal Pradesh, Andhra
Telangana, Tripura and Andaman & Nicobar Islands
Administration: 03 months) PCC have informed that Pradesh, Bihar,
Uttar Pradesh Chhattisgarh, Daman & Diu
labour and industries
(ii) States/UTs who have Not Complied: departments have been and Dadar Nagar Haveli,
responded is required to Meghalaya and Uttarakhand sensitized in SLAC meeting. Goa, Kerala, Manipur,
ensure strengthening of Labour department has Rajasthan, Sikkim, Tamil
Not Applicable:
institutional capacities for carried out registration under Nadu, and West Bengal
Lakshadweep and Delhi
effective implementation of the Trade union act and shall direct the concerned
Rule 5 followed by monitoring Information not provided: industries department have agency for submission of
through Chief Secretaries of Arunachal Pradesh, Andhra earmarked locations for implementation status and
State Government /UT Pradesh, Chhattisgarh, Goa, industrial estates. monitor implementation of
administration. Kerala, Manipur, Sikkim, the Rules.
Rajasthan, Tamil Nadu, and
(State Government / UT ii. Chief secretaries of
West Bengal Labour welfare department,
Administration: 05 months) Lakshadweep and Delhi
Assam has informed that it
shall ensure allocation and
has been authorized for
duties under Rule 5(2)(d) and earmarking of spaces as per
Department of Industry for Rule 5(1) and
duties under Rule 5(1) of the implementation of Rule 5(2)
HOWM Rules, 2016. It has when units involved in
also been informed that recycling, pre-processing
labour department has not and other utilisation
involved in recognition and activities starts in their
registration of workers states and submission of
involved in recycling, pre- action plan as per Rule 5(3).
processing and utilization.
27
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Chandigarh PCC has iv.
Chief Secretaries of
informed that letters have Andaman & Nicobar
been issued to stakeholders Islands, Assam,
and PCC is in process of Chandigarh, Gujarat,
consultation with Haryana, Himachal
stakeholders. Estate officer Pradesh, Jammu &
and labour departments have Kashmir, Karnataka,
been authorized under Rule
Madhya Pradesh, Mizoram,
5.
Maharashtra, Nagaland,
Delhi has informed that as Odisha, Puducherry,
there is no Hazardous waste Punjab, Telangana, Tripura
recycling unit. and Uttar Pradesh shall
Lakshadweep has informed ensure implementation of
that there is no existing and Rule 5 of HOWM Rules,
upcoming industrial park, 2016 and submit updated
estate and industrial clusters status report.
also there are no activities
involved in recycling, pre-
processing, and other
utilization hence no workers
in this field.
Madhya Pradesh has
informed that Department of
Industry and Department of
Labour have been authorised
for implementation of Rule
5(1) and 5(2) respectively.
Integrated plan has been
28
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
prepared and submitted to
MoEF&CC and CPCB in
2019.
Maharashtra has informed
that meetings have been
carried out to sensitize
concerned agencies,
Department of labour has
verified 224 hazardous waste
recycling units and is
compiling the report
Meghalaya PCB has informed
that matter is to be
implemented by Department
of Labour and Department of
Industries. No details have
been provided w.r.t action
taken.
Mizoram has informed that
Department of Industries has
carried out earmarking or
allocation of site for TSDF and
Department of labour has
been recognised for Rule
implementation of 5(2).
However, recognition and
registration of workers has
not been carried out as there
29
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
is no recycling/pre-
processing and other
utilization activities in the
State.
Odisha has informed that
Odisha Industrial
Infrastructure Development
Corporation (IDCO) and
Department of labour and
Employment have been
authorised.
Telangana has informed that
TSIIC has been authorized for
allocation of industrial space
and Directorate of factories,
labour, employment, training
and boiler department and
National safety council have
been authorised for
recognition and registration
of workers. Skill development
training and annual health
monitoring has been carried
out. However, group of
workers and integrated plan
has not been developed.
Nagaland PCB has informed
that it has written to
30
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Department for labour for
taking necessary action.
Uttrakhand has informed
that no action has been taken
w.r.t sensitization of agencies
about duties under Rule 5
and action plan will be
proposed in January 2021
24. Unauthorized industries be Ministry of Labour and The Code on Social Security, i. Ministry of Labour and
brought under the ambit of ESI Employment- Complied 2020 has been notified. Its Employment shall ensure
Act, 1948: effective implementation and implementation of the
MoLE has informed that the
coverage of workers involved Social Security code and
(i) Appropriate directions may be code on Social Security, 2020 in handling and processing provide status on the issued to Ministry of Labour was introduced in Lok Sabha of hazardous and other coverage of workers and Employment to expedite on 19.09.2020.
waste under health and publication of the Draft Code Subsequently, The Code on involved in handling and other social support schemes Social Security 2020 was processing of hazardous on Social Security, 2019. needs to be ensured. (Ministry of Labour and considered and passed by and other waste under Lok Sabha and Rajya Sabha. health and other social Employment: 06 months) After the assent from the support schemes. Hon'ble Present of India the same has been notified in the gazette of India for General information on 29/09/2020.
26. DISPLAY OF INFORMATION CPCB had received Assam has informed that all i. SPCBs/PCCs of Assam, OUTSIDE THE FACTORY GATE: clarification from various units are directed to install Andhra Pradesh, SPCBs/PCCs w.r.t display board, consent and Chandigarh, applicability of Mandatory authorization is not being Chhattisgarh, Gujarat, 31 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)
(i) SPCBs/PCCs shall ensure that Online display board as per grated unless compliance is Goa, Haryana, Himachal verification of Hon'ble Apex court orders in ensured. Pradesh, Jharkhand, installation/updation of the matter of W.P (C) Kerala, Meghalaya, display boards at all the 657/1995. In order to Andhra Pradesh has informed Rajasthan, Punjab and Hazardous waste generating implement the orders in the that R.Os have issued notices Telangana shall submit units on a continuous basis. spirit, CPCB had requested and pursuing industrial units progress report.
(SPCBs/PCCs : 05 months) all SPCBs/PCCs to ensure for installation of display
strict implementation of boards.
ii. Lakshadweep shall take
online display board in large
action for compliance of
scale units and regulate Goa has informed that major
installation of appropriate generator has installed Hon'ble Apex court orders
size of manual display board display Boards. Due to related to Display Board.
in medium and small units. COVID-19, verification has
CPCB has also sought not been carried out. Board is iii. Arunachal Pradesh,
information on the pattern of in process of conducting Manipur, Mizoram and
the display board and inspections for verification of Nagaland PCBs shall
implementation which the installation and updation of ensure that display board
High Powered Committee display board. is installed and regularly
has refereed in its report and updated by all HW
has been informed that the Gujarat has informed that it generating and handling
manual display boards had has all the units having valid
units.
been adopted and the CCA have compiled with
practice is continued. Online Hon'ble Supreme Court
display Boards have only directions. Board has iv. SPCBs/PCCs of 05
been installed in few included specific condition of States/UTs namely
categories of the units. display board in consent and Bihar, Daman & Diu and
authorization and system of Dadar & Nagar Haveli,
Status of implementation verification is already in Delhi, Tamil Nadu and
provided by SPCBs/PCCs place. However, details have Uttarakhand shall
is given below: not been provided.
32
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
submit compliance
Complied: Andaman & Lakshadweep PCC has status.
Nicobar Islands, Jammu & informed that no hazardous
Kashmir, Karnataka, waste generating factories in v. SPCBs/PCCs shall
Madhya Pradesh, Lakshadweep, however the ensure that verification of
Maharashtra, Odisha, DG sets in the power house installation/updation of
Puducherry, Sikkim, Tripura, and small automobile display boards at all the
Uttar Pradesh and West workshops only generating Hazardous waste
Bengal waste/used oils. generating units on a
continuous basis.
Partially Complied: Assam, Manipur has informed that
Andhra Pradesh, LPG bottling plant and IOC oil
Chandigarh, Chhattisgarh, depot has sign boards. Rest
Gujarat, Goa, Haryana, all are workshops and
Himachal Pradesh, garages which are micro unit.
Jharkhand, Kerala,
Meghalaya, Rajasthan,Nagaland has informed that
Punjab and Telangana IOCL Dimapur Depot has
installed display board and
Not Complied: Arunachal most of the HW generating Pradesh, Lakshadweep, units are small automobile Manipur, Mizoram and repair/servicing shops. Nagaland Mizoram has informed that Information not provided: out of 40 HW generating Delhi, Tamil Nadu, units, only 01 unit require Uttarakhand display board. The remaining units are automobile repair units except one hot mix 33 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) plants, which may not require display board.
Punjab has informed that 106 units have not installed display Board, yet no action has been taken against them.
Table B-2: Status of installation/verification of Display Board is tabulated below:
S. No. State/UT No. of HW No. of units No. of Action Taken generating installed units and display Board verified handling units
1. Andaman & 02 02 02 Nil Nicobar Island
2. Arunachal 83 07 07 No action taken Pradesh
3. Assam 176 INP 57 Direction issued to all units
4. Andhra 2683 1756 1756 Notices issued Pradesh and units are being pursued
5. Chandigarh 679 29 25 SCNs issued
6. Chhattisgarh 413 300 300 SCNs issued
7. Delhi Information not provided
8. Goa Information not provided, Verification under process 34 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)
9. Gujarat Details not provided
0. Haryana 4830 1805 1901 Action has been taken against 25 non-
complying units
1. Himachal 2436 2319 1849 Action has been Pradesh taken against 75 non-
complying units
2. Jammu & 238 238 227 Notices issued Kashmir to 21 units
3. Jharkhand 628 127 81 Notices issued to 16 non-
complying units.
4. Karnataka 3070 3070 3070 Nil
5. Kerala 1551 932 358 Notices issued to defaulters, follow-up action is being going on.
6. Lakshadweep Informed no HW generating factories, however D.G sets in power house and small automobile workshops are there
7. Madhya 3192 3192 316 Notices issued Pradesh and rectifications were done
8. Maharashtra 7257 7257 1484 Appropriate directions 35 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) issued in case of non-compliance
19. Manipur Information not provided
20. Meghalaya 19 16 16 Directions are being issued
21. Mizoram 40 01 - Informed that remaining units may not require to install display Board.
22. Nagaland Information not provided
23. Odisha 360 360 360 NA
24. Puducherry 131 131 32 Notices issued
25. Punjab 3255 3149 191 Nil
26. Rajasthan 2090 2027 1162 Action has been taken against 108 non-
complying units
27. Sikkim 49 49 49 0
28. Tamil Nadu Information not provided
29. Telangana 2377 1250 1250 Notices issued to non-
complying units, 1127 are under process of installing display boards.
30. Tripura 172 172 172 Nil 36 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)
31. Uttar Pradesh 2597 2210 2210 Nil (Operational 2173)
32. Uttarakhand Information Not Provided
33. West Bengal 809 809 29 Nil
27. INSTITUTIONAL REFORMS Status of implementation SPCBs/PCCs of Arunachal i. SPCBs/PCCs of Gujarat and provided by SPCBs/PCCs Pradesh, Chhattisgarh, Delhi, Lakshadweep shall ensure is given below: Goa, Haryana, Himachal regular training of
(i) SPCBs/PCCs shall ensure Pradesh, Jammu & Kashmir, manpower that Complied: Gujarat, Karnataka, Kerala, Madhya ii. SPCBs/PCCs of Assam, adequate manpower is Lakshadweep Pradesh, Manipur, Chandigarh and Jharkhand available with the PCB/PCC, Maharashtra, Meghalaya, shall immediately take steps training shall be regularly Partially Complied: Mizoram, Nagaland, Odisha, to provide adequate provided with emphasis on Andaman & Nicobar Islands, Puducherry, Punjab Sikkim, manpower and shall scientific evaluation and Arunachal Pradesh, Tamil Nadu, Tripura, Uttar Chhattisgarh, Delhi, Goa, Pradesh, Uttarakhand and regularly provide training management of hazardous Haryana, Himachal West Bengal have informed with emphasis on scientific waste.
Pradesh, Jammu & Kashmir, that they are in process of evaluation and management Karnataka, Kerala, Madhya recruiting the required of hazardous waste. Pradesh, Manipur, manpower or has approached Maharashtra, Meghalaya, state government for iii. SPCBs/PCCs of Andaman & Mizoram, Nagaland, Odisha, providing adequate Nicobar Islands, Arunachal Puducherry, Punjab, manpower. Pradesh, Chhattisgarh, Rajasthan, Sikkim, Tamil Delhi, Goa, Haryana, Nadu, Telangana, Tripura, Andaman & Nicobar Islands Himachal Pradesh, Jammu Uttar Pradesh, Uttarakhand have informed that it does not & Kashmir, Karnataka, and West Bengal have adequate manpower.
However, PCC has recruited Kerala, Madhya Pradesh, recently 03 technical staff. Manipur, Maharashtra, 37 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) Not Complied: Assam, Meghalaya, Mizoram, Chandigarh, Jharkhand Assam has informed that Nagaland, Odisha, adequate manpower is ot Puducherry, Punjab, Information not provided: provided and also no steps Rajasthan, Sikkim, Tamil Andhra Pradesh have been taken to increase Nadu, Telangana, Tripura, manpower. However, training Uttar Pradesh, Uttarakhand programme are being and West Bengal shall attended by officials as and provide the progress report when entrusted.
progress report on providing Andhra Pradesh has informed adequate manpower and that it has 03 Zonal Offices training.
and 13 Regional offices
covering 13 Districts iv. SPCBs/PCCs of Assam,
Andhra Pradesh, Delhi, Goa,
Chandigarh PCC has Gujarat, Haryana, Himachal
informed that no training Pradesh, Jammu &
programme has been carried Kashmir, Karnataka,
out/attended by CPCC Kerala, Madhya Pradesh,
officials during 2019-20. Maharashtra, Meghalaya,
Gujarat has informed that it Mizoram, Nagaland, Odisha,
has recruited 49 Assistant Puducherry, Rajasthan,
Environmental Engineers in Tamil Nadu, Telangana,
September, 2019 and Tripura, Uttar Pradesh and
organizing training West Bengal shall expedite
programmes on regular basis. the process of establishing
full fledge laboratory and
Jharkhand has informed that submit the progress report
it does not have adequate
38
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
manpower and no for availability of analysis for
information has been all parameters as per
provided w.r.t any steps HOWM Rules, 2016.
taken in this regard. It has v. SPCBs/PCCs of Andaman
informed that 01 training
programme has been & Nicobar Islands,
attended by 02 officials of theArunachal Pradesh,
Board. Chandigarh, Chhattisgarh,
Lakshadweep PCC hasJharkhand, Lakshadweep,
informed that it has adequate Manipur, Punjab, Sikkim
manpower. shall take action for
establishment full fledge
Madhya Pradesh has laboratory and submit the
informed that officials have progress report for
participated in 26 training availability of analysis for all
programmes. However, parameters as per HOWM
information related to Rules, 2016.
adequate manpower has not
been provided.
Rajasthan has informed that vi. SPCBs/PPCs of
it does not have adequate Chandigarh, Chhattisgarh,
manpower. However, Gujarat, Haryana, Kerala,
recruitment has been done in Odisha, Puducherry,
compliance of Hon'ble NGT Telangana, Tamil Nadu and
orders. West Bengal. shall submit
the details/progress made
Telangana has informed that w.r.t R&D work carried out.
steps have been taken for
recruitment.
39
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
vii. SPCBs of Andaman &
SPCBs/PCCs of Haryana, Nicobar Islands, Andhra
Jammu & Kashmir, Mizoram, Pradesh, Arunachal
Nagaland, Puducherry,
Pradesh, Assam, Delhi, Goa,
Tripura, West Bengal have
Jammu & Kashmir,
informed that they have
Jharkhand, Karnataka,
initiated process for
upgrading lab Lakshadweep,
(ii) SPCBs/PCCs should have Partially Complied: Assam, Maharashtra, Manipur,
adequate laboratory Andhra Pradesh, Delhi, Goa, Andaman & Nicobar Islands Mizoram, Nagaland,
infrastructure for analysis of Gujarat, Haryana, Himachal has informed that it does not Rajasthan, Sikkim, Tripura
HW parameters. Pradesh, Jammu & Kashmir, have facility for analysis, and Uttar Pradesh shall take
Karnataka, Kerala, Madhya waste oil generated in the UT action on R&D work and
Pradesh, Maharashtra, is being sent to mainland for submit the status on
Meghalaya, Mizoram, further processing, so no compliance w.r.t R&D work
Nagaland, Odisha, analysis has been carried out. carried out by them.
Puducherry, Rajasthan,
Tamil Nadu, Telangana, Assam has facility for viii. All SPCBs/PCCs
Tripura, Uttar Pradesh and analysis of various
shall
West Bengal parameters. However, few
instruments are out of order regular carryout R&D work
Not Complied: Andaman & and also analysis facility for either through oncollaboration
their own withor
Nicobar Islands, Arunachal only few metals is available technical institutes/
Pradesh, Chandigarh, with PCB. regulatory agencies and
Chhattisgarh, Jharkhand, submit the report to CPCB
Lakshadweep, Manipur, Andhra Pradesh has informed after completion of each
Punjab, Sikkim that it has laboratory facility project. Also, advocacy of
at Zonal office, the Cleaner technology and
Information not provided- Vishakhapatnam for analysis dissemination of
Uttarakhand
40
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
of Hazardous waste information in public
parameters. domain shall be carried out
continuously.
Chandigarh PCC has
informed that it does not have ix. SPCBs/PPCs of Bihar,
adequate lab and Punjab DD&DNH and Uttarakhand
Biotechnology Incubator has shall submit information on
been authorised to analyse institutional reforms as per
HW parameters.
format circulated.
Chhattisgarh has informed
that land has been acquired,
technical specifications for
procurement of instruments
are under finalization and
environmental laboratory will
be developed by 31/12/2021.
DPCC does not have a NABL
accredited laboratory and
limited parameter can be
analysed. Further, informed
that few instruments re under
procurement.
Gujarat has informed that it
has state of art laboratory
facility which can monitor
micro pollutants.
41
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Himachal Pradesh has
informed that it has
constituted a committee for
additional requirements of
laboratory. Budget of 263.35
lakhs has been approved for
procurement of instruments.
Jharkhand has informed that
it do not facility for analysis of
HW parameters, also reported
that steps to provide
adequate lab infrastructure
are under process. However,
no details in this regard has
been provided. Further, it has
been reported that, samples
are being sent to authorized
lab.
Kerala Board is continuously
upgrading its laboratory and
in case of non -availability of
lab, analysis is being carried
out through third party.
Lakshadweep PCC has
informed that it does not have
lab and samples are sent to
accredited lab in Kerala.
42
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
Madhya Pradesh has
informed that procurements
of instruments for lab at
Bhopal is under process and
work order has been given to
PWD for establishment of lab.
Arunachal Pradesh, Manipur
and Sikkim have informed
that they do not have lab
facility for analysis of
hazardous waste.
Andhra Pradesh has informed
that it has planned to conduct
programs for promoting
cleaner technology.
Chandigarh PCC has started
consultative process and
further performance-
oriented advocacy
programme will be outlined
Chhattisgarh has informed
that R&D centre will be
established with laboratory
and advocacy/awareness
programmes are being
43
S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation
No. Agency and timeline of action)
(iii) R&D work shall be regularly Complied: Himachal conducted to promote
carried out by the Pradesh, Madhya Pradesh, adoption of cleaner
SPCBs/PCCs either Meghalaya and Punjab
technologies by stakeholders.
individually, in collaboration
with other SPCBs/PCCs and Partially Complied: Gujarat has informed that it
expert technical Chandigarh, Chhattisgarh, is progressively engaged in
Institutes/agencies. Gujarat, Haryana, Kerala, R&D in consultation with
Continuous dissemination of Odisha, Puducherry, GCPC. However, details of the
information and awareness Telangana, Tamil Nadu and R&D work have not been
programs shall be carried out West Bengal. provided.
by the SPCBs/PCCs.
(SPCBs/PCCs : 05 months) Not Complied: Andaman & Haryana has informed that
Nicobar Islands, Andhra Board has only conducted
Pradesh, Arunachal awareness programmes with
Pradesh, Assam, Delhi, Goa, stakeholders, no R&D work Jammu & Kashmir, has been carried out.
Jharkhand, Karnataka, Lakshadweep, Himachal Pradesh has Maharashtra, Manipur, informed that Board has Mizoram, Nagaland, carried out research work Rajasthan, Sikkim, Tripura related to recovery of Fluoride and Uttar Pradesh and Heavy metals from wastewater.
Information not provided-
Uttarakhand J&K PCB has informed that once lab will start R&D work will be initiated.
Karnataka has informed that it will; carryout R&D work 44 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) and will submit report. No details in this regard has been provided.
Kerala informed that process for setting up R&D wing has been initiated also board promotes CT through awards and various establishments as part of Environment Day celebration.
Madhya Pradesh have been informed that Board has carried out various research work Maharashtra has informed that it will plan to organize advocacy program. No information provided w.r.t R&D work.
Meghalaya has informed that it has undertaken a research study on "Cleaner Production in Cement Industry for Environmental Sustainability". However, Meghalaya PCB has informed 45 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) its financial inability to undertake regular R&D works.
Odisha PCB has informed that it has constituted a R&D committee to identify areas for R&D and in Collaboration with EPIC (University of Chiacago) board has taken up project for clean air by adoption of cleaner technology.
Puducherry has proposed to collaborate with Puducherry Engineering College for R&D activities Punjab has made R&D on recovery of zinc from APCD dust and promoted the same.
Nagaland has noted for compliance w.r.t R&D Sikkim PCB has informed that there is no R&D facility and proposes to involve R&D facility.
46S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) Tamil Nadu has informed that it has collaborated with IIT Chennai and formed Centre for Urbanization Buildings and Environment (CUBE) Telangana has proposed to identify the sector for carrying out R&D work Tripura has not carried out R&D work but during inspection officials are providing necessary inputs for effective management of Hazardous waste.
Uttar Pradesh has informed that as soon as required manpower is provided, institutional reform will be carried out. It has directed oil refineries to shift to physical refinery.
West Bengal has informed that a separate R&D wing exist in PCB. However, details of the R&D work carried out has not been provided.
47S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) Andaman & Nicobar Islands, Arunachal Pradesh, Assam, Delhi, Goa, Jharkhand, Lakshadweep Manipur, Mizoram and Rajasthan have not carried out R&D activity and advocacy programmes.
Manipur has submitted proposal for R&D work
28. NATIONAL POLICY CPCB-Partially Complied - CPCB shall expedite the process of finalization of National Policy
(i) National Hazardous Waste The National Expert on Hazardous Waste Management Policy as per Committee (NEC) constituted Management and forward the Hon'ble NGT Orders dated by CPCB has carried out same to MoEF&CC for 26.08.2019 shall be prepared several meeting alongwith publication and implementation and circulated to concerned stakeholder consultation of the same. stakeholders within four with few SPCBs/PCCs, months. Representatives of Recyclers associations, TSDF operators (MoEF&CC and CPCB: 04 and field experts to devise months) National Policy on Hazardous Waste Management (NPHWM).
The draft National Policy is under finalization, upon finalization, the same will be 48 S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action) forwarded to MoEF&CC for necessary action.
Apart from above state specific and agency wise recommendations on the various action points, the following are also recommended:
1. Chief Secretary of DD&DNH shall submit the compliance status report on the recommendations made in CPCB report (June2020) w.r.t actions points given in the Interim and Final Report of the Monitoring Committee and in accordance with order dated 07/07/2020 of the Hon'ble Tribunal.
Further, Chief Secretaries of 03 States namely Bihar, Nagaland and Uttarakhand shall submit compliance status report on all the action points as per format circulated vide CPCB letter dated 20/07/2020 w.r.t. Final Report of the Monitoring Committee, as CPCB has not received the same.
2. Chief Secretaries of all States/UTs shall monitor and ensure compliance of the recommendations pertaining to SPCBs/PCCs and State/UT Governments/ Departments (as given in Section 3) and also submit compliance status on annual basis to CPCB.
3. The action points given in the final report of the Monitoring Committee vis-à-vis the recommendations made in Section 3.2 be coordinated by Ministry of Environment, Forest and Climate Change with various central ministries and its agencies to ensure compliance of the same.
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