National Green Tribunal
M/S. Devis Surgico Through The ... vs State Of Madhya Pradesh Through ... on 25 March, 2025
Item No. 07
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.102/2024(CZ)
(I.A.No.104/2024) (I.A.No.46/2025)
(I.A.No.47/2025)
M/s Devis Surgico Applicant(s)
Versus
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 25.03.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): Mr. Shivanshu Singh, Adv.
(alongwith Mr. Rohit Sharma, Adv.
Ms. Diksha Chaturvedi, Adv.)
For Respondent(s) Mr. Prashant M. Harne, Adv.
Mr. Yadvendra Yadav, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Shantanoo Saxena, Adv
Ms. Amrita Mishra, Adv
ORDER
1. This O.A. no. 102/2024(CZ) was heard on 20.03.2025 and it was reserved for orders. In the meantime on 23.03.2025 applicant had moved an I.A. No. 46/2025 for requesting re-hearing of the case on the point of argument on certain legal matter and further moved an application i.e. I.A. No. 47/2025 for urgent hearing in another application on 24.03.2025 for re-hearing of the case. This application has been listed today.
2. Heard Learned Counsel for the respondent no. 3 Mr. Shantanoo Saxena, Learned Counsel for the applicant Mr. Shivanshu Singh, Learned Counsel 1 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. for the State PCB Ms. Parul Bhadoria and Learned Counsel for the CPCB. Mr. Yadvendra Yadav have also argued the matter highlighting the CPCB guidelines.
3. This application has been moved with the following prayer :-
i. "Directions be issued to Non-Applicant No. 1 & 2 to ensure compliance of the Consent-cum-Authorization conditions issued to Non-Applicant No.3 and in case the Non-Applicant No.3 is found to be violating its conditions, appropriate action by way of rejection of Authorization as well as imposition of penalty be done at the behest of Non-Applicant No. 1 & 2 against the Non-Applicant No.3.
ii. Stringent action be taken against the Non-Applicant No.3 M/s. V.N.S. Solutions for not only violating the Authorization-cum-Consent conditions but also misrepresenting that M/s. V.N.S. Solutions have authority to cater the Bio-Medical Waste even from the District of Gwalior.
iii. Any other relief which the Tribunal deems fit may also be accorded in favour of the applicant."
4. The grievance of the applicant is non-compliance of the Bio Medical Waste Management Rules, 2016 as amended by second amendment Rules 2019 by respondent no. 3 and the applicant has filed this application with the prayer to direct the respondent no. 1 and 2 to ensure the compliance of consent cum authorisation conditions issued to non-applicant no.3 in case of violating the conditions according to rules.
5. Notices were issued to the respondents who have filed the reply, which is on record. During the course of proceedings, this Tribunal constituted a 2 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. joint committee to visit the site and submit the factual and action-taken report. The members of the committee visited the site and submitted the report. Heard the learning counsel for the parties and perused the record.
6. The contentions of the applicant are that the Applicant is a Partnership firm running a Common Bio-Medical Waste Treatment Facility since the Year 2019 having its Plant at Village Antari, District Gwalior. Previously the Applicant was granted coverage areas of 3 districts, namely Sheopur, Datia and Gwalior to collect, treat and dispose of Bio-Medical Waste by virtue of the initial Authorization which was later on changed by way of new authorization to only District Gwalior.
7. Thereafter, the Applicant was running its plant in accordance with the biomedical waste norms and the permission to the Applicant was renewed time again by the concerned department, but off lately one new CBWTF came into existence when they applied for Environmental Clearance to establish CBWTF by the name of VNS Solutions which is Non-Applicant No.3.
8. Irrespective of the fact that the Applicant's CBWTF still has the capacity of catering and treating the bio-medical waste from the District of Datia, Sheopur and Gwalior, the Applicant duly accepted the change of treating and catering Bio medical Waste from only one district i.e., District Gwalior that now VNS Solution is trying to fetch the members from the District of Gwalior which is in absolute contravention to the jurisprudence of the CPCB guidelines which explicitly mandates that before the establishment of a new plant, the technical and economic feasibility of the existing plant has to be considered.
9. The authorization issued in favor of the VNS Solution does not include District Gwalior in it and despite of that VNS Solutions is blatantly violating the authorization-cum-consent order. As a matter of fact, VNS 3 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. Solutions is misrepresenting to the Bio Medical Waste generators at Gwalior that it has authorization even for the District of Gwalior.
10. Non-Applicant No.2 - MPPCB had even issued an office order on 15.06.2023 explicitly categorizing and earmarking each and every district to be catered by existing CBWTFs in the state of Madhya Pradesh. As per this order, Bio Medical Waste from the district of Gwalior is the sole responsibility and duty of the Applicant and catering and treating Bio Medical Waste from the districts of Sheopur and Datia are under the purview of VNS Solutions.
11. That despite exclusively categorizing the coverage area of the Biomedical Waste Treatment facilities in the State of Madhya Pradesh the Non- applicant No. 3 i.e., VNS Solutions started poaching the clients of the Applicant and eventually the contacted various medical facilities in the District of Gwalior by misrepresenting to them that VNS solutions also has authorization to cater to the Biomedical Waste in the District of Gwalior.
12. The Gap Analysis Report was published by MPPCB in the month of October 2023, wherein again the capacity of the Applicant's plant was analysed and it was observed that the CBWTF plant of the Applicant was working at the capacity of hardly 32% and if the literal rule given under CPCB Guidelines is to be followed, a new plant should not be permitted to be established until and unless the capacity of the existing plant is over and thus, in the instant case, evidently as per the records of MPPCB, the capacity of the Applicant's plant is almost 70% less utilized till it reaches its optimum level.
13. The Gap Analysis Report prepared by M.P. Pollution Control Board in the month of October 2023, observes the following :- 4
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
Observations:
14.0 Outcome of Review / Recommendations:
• At present 18 Facilities are in operation covering 52 districts of Madhya Pradesh. The total Biomedical waste generation in the state is 15.64 MT/Day whereas the total treatment capacity of running CBWTFs is 62 MT / day which is 4.0 times as compared to total quantity of waste generation.
• As per information received from Regional offices, available in the record, from health & veterinary department and other stake holders and considering the previous trend of waste generation it is likely to be increased up to 31MT/Day from
15.64 MT/Day after 10 years ( 2032).
• As per above fact the treatment capacity of the existing CBWTFs is more than sufficient.
• The existing facilities should strengthen themselves by installing best available technology for Incinerator, shredders, ETP, sharp waste destruction devices, Air Pollution Control and monitoring equipments etc. (If required).
14. It is argued that the State PCB vide Letter no. 212, dated 15-06-2023, issued the allotment order with the details of the CBWTF and the name of the district for which the application was filed. The unit shall be responsible for disposal of the biomedical waste. The allotment to the contesting parties are as follows:-
5
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
i. Sr. No. 6 M/S. Devis Surgico, Gwalior - Gwalior ii. Sr. No. 17 M/s VNS Solution, Bhind - Datiya, Sheopur
15. The contention of the learned counsel for the applicant are that the allotment to the respondent - M/s VNS Solutions are with regard to the District Datiya and Sheopur but in-spite of this allotment order the respondent is interfering into the work of the unit at Sr. No. 6 - applicant and violating the orders of allotment issued by the State PCB and it is further argued that no actions are being taken by the State PCB against the violating unit.
16. To prove his case, the learned counsel for the applicant has drawn the attention of this Tribunal certificate issued by the M/s VNS Solutions dated 11-12-2023 in favour of Lifelong Multispecialty Hospital and Eye Centre, Gwalior and Vishwas Multispecialty Hospital, Gwalior and on the basis of these documents, it is argued that M/s VNS Solutions has been allotted to other districts but it is registering the members of the Gwalior district which is allotted to the applicant unit and thus violating the environmental norms and the allotment order.
17. The Tribunal constitute a committee and in compliance of the order the Joint Committee submitted the report as follows:-
"In compliance of the above direction, the joint committee visited area under question in Bhind district, on 05.07.2024 to assess the factual status of allegation made in petition and present compliance status.
To find out facts as well as to know the extent of problem, the committee visited the Common Biomedical Waste Treatment Facility (CBWTF) located at Malanpur-Ghirongi Industrial area and nearby area. During visit owner of CBWTF Shri Anil Sharma was present and informed about present waste management practice and status of legal compliance. Other officials from Regional Office, M. P. Pollution Control 6 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
Board, Gwalior Shri P.R.S. Chauhan (Junior Scientist) and Ms. Ragini Yadav (Sub-Engineer) were also present with Joint Committee Members.
To find out the probable and prominent source of the pollutants, the committee carried out the source emissions and collected the water sample from ETP outlet for analysis. The main contentions of the petitioner are violation of BMWM, Rules 2016 and authorization conditions.
To ascertain the compliance status of CBWTF w.r.t. BMWM Rules, 2016 following points of verification were decided by the committee: -
i. Is Facility having proper infrastructure and capable for treatment and handling of Bio- Medical Waste.
ii. Is Facility has obtained legal permissions for its operation i.e. consent, authorisation, EC etc. iii. Is facility collecting the waste from the member HCFs of M/s Devis Surgico.
iv. Other issues i.e., Vaccination of workers, record keeping of waste, CEMS installation and calibration, TSDF membership etc. During the visit the team also interacted with CBWTF staff that are associated with waste management and helpers to find out the awareness level and subject knowledge of work assigned, and also tried to fetch out any other information which is related to this matter. During visit geographical coordinates, photographs and other relevant information were also collected which are incorporated in the report.
About the CBWTF M/s V.N.S. Solutions, Bhind (MP) having valid consent and authorization from MPPCB for its operation. The area allotted to this CBWTF for operating BMW Management Services by 7 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
MPPCB in District Datia and Sheopur. The MPPCB order dated 15.06.2023 in this regard is enclosed as Annexure-C2. The unit installed one incinerator of capacity 200 Kg/Hr with adequate Air pollution control measures. The unit has provided Online Continues Emission Monitoring System for measurement of pollutant emitting through the stack. The incinerator has temperature control system for primary and secondary combustion chambers. The unit has separate storage rooms for storage of yellow and red category BMW and separate rooms for storage of incineration ash. For treatment of recyclable BMW i.e. red category BMW the unit has Autoclaves of capacity 1200 Ltr./cycle and one shredder of capacity 200 kg/Hr. For treatment of wastewater which is generated from floor washing, vehicle washing etc. unit has provided 7.5 KLD capacity effluent treatment plant (ETP). Treated effluent is reused for plantation within the premises. As per annual report of 2023 (4.4.2023 to 31.12.2023) the facility has 62 member HCFs out of which 47 are bedded HCFs and covering 2035 beds and 209 Kg BMW collected and treated per day on average basis. But at present time total member HCFs are 83 out of which 55 are bedded HCFs and covering 2351 beds and 417 Kg BMW collected and treated per day on average basis.
The committee made the following observation during site visit on the above mentioned issues:-
ISSUE 1- Is Facility having proper infrastructure and capable for treatment and handling of Bio-Medical Waste.
1. The facility is located in Malanpur-Ghirongi, Industrial area in District Bhind at 1.11 acre plot and as per guidelines more than 1.0 acre plot is required for setting up the facility. Presently, the facility catering the services in Datia and Sheopur district.
2. The unit has provided BMW treatment facilities inside a covered shed area. The following treatment units were found installed in the plant premises:8
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
• Incinerator 200 Kg/hr (M/s SK India Therm, Sonipat make) • 01 Autoclave of (1200 ltr/Cycle).
• 01 Shredder of (200 Kg/hr).
• 01 Sharp pit with covered top.
• ETP of 7.5 KLD • 03 Vehicles for waste collection and 01 as stand by with GPS tracking system.
Bio-medical Waste Collection & Storage
1. The facility has provided three vehicles for collection of waste from different part of the area allotted and all the vehicles are GPS enabled and the facility has also provided 01 standby vehicle also. The details of online GPS tracking is (URL: www.wheelseye.com ID- 9752394953). The vehicles have labeled with the bio- hazard symbol (as per Schedule IV of the BMWM Rules) and displayed the name, address etc.
2. To store the collected bio-medical waste, the facility provides four separate rooms as per colour category. The size of each waste storage room is 10 ft. X 8 ft. which is quite adequate to store all wastes collected by CBWTF. In waste storage room, waste was stacked with clear distinction as per color coding.
3. The storage rooms are properly ventilated, glazed tiles up to 4 feet height, inside floor washing facility connected to ETP and free space to movement has been provided by the facility.
4. One room 15 Ft X 12 Ft provided for treated waste mostly autoclaved plastic for shredding. At the time of visit 250 to 300 kg plastic waste found stored. Treated and shredded plastic is being sold to authorized recycler i.e. M/s R.S. Enterprises, Hapur Haryana.
9 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
5. The CBWTF also provided bar coding facility for end to end tracking of waste, however, it is still in initial stage of implementation.
6. As per the waste collection data of CBWTF it was observed that less quantity of plastic waste reached for treatment hence the possibility of its pilferage from the HCFs especially from government sector may not be ruled out.
7. To verify the above facts, log book of waste collection and machine running log book have been verified and it was observed that on average basis 417 kg waste collected by the facility each day, in which 371 kg on average basis is yellow category which has to be incinerate and remaining is recyclable and other waste.
8. The facility has installed the GPS system in all the waste collection vehicles and after verification of GPS data and running log book of the vehicles it seems that waste is being collected. As informed by the facility representative the vehicles collected waste every day from major generators and alternate day from minor generators i.e. non-bedded HCFs but before 48 hours.
9. The facility has adopted bar code system for tracking of waste movement and it was observed that less HCFs are adopting the bar code system and HCFs of government sector located in rural areas are yet to adopt the bar code system. As a sample bar code details of District Hospital Datia and bar code strips used has been collected.
Bio-medical Waste Treatment system
10. It was observed that unit have 200 kg/Hr static type double chamber incinerator with 2 second residence time as per certificate provided by manufacturer. 10 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
11. At the time of visit, the incinerator was found operational and equipped with mechanical feeding system. It is partially operated with PLC system to control operations and also fitted with sensors for real time monitoring data capturing to send the data to MPPCB server.
12. The unit has installed 200 kg/Hr capacity incinerator for BMW destruction and for disposal of 417 kg of waste maximum 4 Hr/day operation time is required including warm-up time hence the present incinerator having sufficient capacity to treat the waste. Hence no irregularity was observed w.r.to capacity of incineration of waste.
13. The operation of incinerator and feeding of BMW process was observed by the committee. The temperature in primary and secondary chambers was found in the range of 8140C to 8370C and 10330C to 10960C respectively. The minimum required temperature in primary and secondary chamber is 8000C ± 500C and 10500C ± 500C as per the BMWM Rules, 2016.
14. During the visit the team also conducted the stack emission monitoring to assess the performance of APCD and emission value are given in the table below and monitoring report -
S. Location PM NOx Remarks
No. (mg/Nm3) (mg/ Nm3)
1 Incinerator 36.48 18.10 Emission
stack values
Standard 50 400 complying
the norms.
limit
All the emission results were found within the limit, as given in BMWM Rules, 2016. Combustion efficiency was calculated during visit from live CEMS data and observed values were CO2 4.7% and CO 0.00536% on the basis of that combustion efficiency 11 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
was calculated as 99.8% which is more than 99% as given under Schedule-II of BMWM Rules, 2016.
15. The unit has installed thermocouple at appropriate location i.e. in primary chamber before admission of secondary air and in secondary chamber, at the end of chamber or before admission of dilution medium to cool gas.
16. To control the Stack Emission from incinerator the unit has provided dry scrubber-based emission control technology which is an advanced air pollution control technology as compare to traditional wet scrubber. In traditional wet scrubber technology waste water is generated as a resultant which is requiring further treatment before any reuse. The present APCD consist of cyclone separator, dry scrubber, gas cooler, multi- cyclone and bag house followed by 30 meter high stack.
17. The unit has one pre-vacuum type autoclave and capacity is 1200 liter/batch. The autoclave was found operational at the time of visit. At the time of visit shredder of capacity 200 kg/Hr. was found functional and was kept in process room fixed on RCC foundation and a separate energy meter has been provided for shredder. Manual log book for shredder operation was maintained.
18. The unit has also provided one pit made up of concrete with cover top. The dimension of pit is 8ft. × 6ft. × 6 ft. for disposal of treated waste sharps and needles. Waste water Treatment system
19. The major source of waste water generation is floor, vehicle and equipment washing for which the unit has provided 7.5 KL capacity ETP which comprised of collection pit, chemical dosing tank, coagulation chamber, primary settling tank, Pressure sand filter, Activated carbon filter and disinfection system. The treated water is being reused in gardening and washing 12 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
purpose inside the plant premises hence ZLD status maintained. At the time of visit, no outside discharge of waste water was observed.
To assess the functional status of ETP water sample of ETP outlet has been collected and analyzed in MPPCB, Laboratory Gwalior. The results of main parameters of water analysis is given below and analysis report.
S. Location pH TSS COD BOD O&G
No.
1 7.5 KLD 7.19 30 60 24 2
ETP
outlet
All the values given in mg/l except pH
On the basis of the above analysis results it can be concluded that none of the parameter is showing abnormal values and waste water treatment system was working satisfactorily during visit.
20. It was observed that the facility has provided vehicle washing platform near ETP with impermeable surface and generated liquid effluent is being conveyed and treated in an effluent treatment plant.
21. The unit has provided DG sets of 125 KVA for emergency operation of plant and machinery in case of power supply failure.
22. In view of the above facts, it seems that the facility has required equipment and sufficient infrastructure for disposal of presently collected BMW.
ISSUE 2 - Is Facility obtained legal permissions for its operation i.e. consent, authorisation, EC, TSDF membership etc.
1. The facility has valid Consent and Authorization (No.AWHB-57944) up to 29.02.2028.
13 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
2. The facility has obtained Environmental Clearance vide EC Identification No. EC22B032MP123649, File No. 8636/2021, dated 17.08.2022.
3. The unit also obtained the membership of the TSDF, Pithampur for disposal of incinerated ash.
ISSUE 3 - Is facility collecting the waste from the member HCFs of M/s Devis Surgico.
1. M/s Devis Surgico, Antri, Gwalior alleged that M/s VNS Solution, I/A Malanpur-Ghironghi, Bhind encroaching his jurisdiction and provided membership to HCFs situated in Gwalior district. Regional Office, MPPCB, Gwalior informed that M/s Devis Surgico has intimated Regional Office, Gwalior by WhatsApp Message regarding unauthorized membership provided by M/s VNS Solution along with copy of membership certificate provided to 03 number HCFs of Gwalior district. Regional Office, Gwalior immediately issued letter to M/s VNS Solution on dated 25.01.2024 to verify the membership certificate issued by them which were received to MPPCB through M/s Devis Surgico. But no reply of letter submitted by M/s VNS Solution to MPPCB. Thereafter MPPCB issued show cause notice to M/s VNS Solution on dated 20.03.2024. M/s VNS Solution submitted the reply to MPPCB on dated 28.03.2024 which. M/s VNS Solution mentioned in their reply that membership provided by them to only those HCFs of Gwalior district, which were never the member of M/s Devis Surgico. Thereafter M/s Devis Surgico again submitted a letter to MPPCB on dated 04.04.2024 in which it is mentioned that M/s VNS Solution is continuously approaching to HCFs of Gwalior district through M.P. Nursing Home Association of Gwalior. 14 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
2. MPPCB has taken action against the 03 number HCFs of Gwalior district who obtain membership of M/s VNS Solution. The status of action taken is as below:
S. Name of the HCF Category Action Taken by No. MPPCB
1. M/s Life long Bedded Closer direction Hospital Near Hospital issued on dated Vishal Mega Mart, 14.05.2024 due to Thatipur, Gwalior operation of HCF without consent and authorization of the Board and disposal of BMW through unauthorized vendor.
2. M/s Biswas Bedded Closer direction Multispecialty Hospital issued on dated Hospital, Laxmi 14.05.2024 due to Vihar Colony operation of HCF Badagaon, Gwalior without consent and authorization of the Board and disposal of BMW through unauthorized vendor. Closer direction.
3. M/s Kalyani Bedded Closer direction Multispecialty Hospital issued on dated Hospital, Near 06.11.2023 due to Bhagwati Marriage operation of HCF Garden Thatipur without consent Gwalior and authorization of the Board and 15 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
disposal of BMW by unauthorized manner. Closer direction
3. Shri Anil Sharma from M/s VNS Solution, Bhind informed joint committee during visit that after the instruction of MPPCB they discontinued BMW collection from HCFs of Gwalior district, however he told that M/s Devis Surgico is not able to provide services to all HCFs of district Gwalior, so on request of HCFs he had given the waste management services and membership.
4. The CPCB guidelines for installation of new CBWTF as - SPCBs are required to conduct GAP analysis with respect to coverage area of the BMW waste generation and also projected over a period of mixed arrears, adequacy of existing treatment capacity of CBWTF in each coverage area of radius 75 km. In case, any coverage requires additional capacity, in such a case, action may be initiated by the SPCB for allowing a new CBWTF in that locality without interfering with the coverage area of the existing CBWTF and beds covered by the existing CBWTF. In view of the above, it is clear that the guidelines are exhaustive in nature for economical sustainability of any CBWTF.
However as per observations of the Tribunal in order dated 15.12.2022 in OA No.900/2022, M/s Rainbow Environments Pvt. Ltd. vs. State of Punjab & Ors. as follows:
"8. In above background, guidelines on the subject are to be understood. Object of guidelines being to ensure effective treatment of bio medical waste for protection of 16 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
environment and public health and not merely to advance business interest of a Facility by creating monopoly, prime concern is bridging of gap in compliance of norms for which free play in joints has to be allowed to the statutory prescribed authority under the BMW Rules to take effective measures for better compliance and coverage, including availability of a Facility close to generation of waste and efficiency of existing Facility. ..."
5. M/s Devis Surgico, Gwalior have total 18549 beds at present and collecting the waste from Gwalior area only in 50 Km radius but on another side M/s VNS Solution, Bhind at present have total 2351 beds and collecting the waste from Datia and Sheopur districts which are located at approximately 80 km and 240 km respectively from Malanpur plant location.
6. The committee also observed that it is the matter of area distribution and mutual business competition between two CBWTFs.
ISSUE 4 - Other issues i.e., Vaccination of workers, record keeping of waste, CEMS installation and calibration, TSDF membership, Green belt etc.
1. The facility has done all the necessary vaccination to staff engaged in waste collection and treatment i.e. Tetanus Hepatitis-B and COVID.
2. The unit has installed temperature sensors in incinerator to measure real time temperature in primary and secondary chamber. The OCEMS system is having LED display and storage arrangement for all the data of primary and secondary chamber including temperature.
3. The overall record keeping was found average and it need improvement through digital type of proof rather 17 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
than manual. Manual log book for incinerator, autoclave, shredder and ETP operation were maintained, however, as per norms PLC prints out or electronic tamper proof record is to be maintained.
4. The unit has Authorization under HOWM Rules, 2016 and valid till 29.2.2028. The hazardous wastes generated from CBWTF are :
i. Ash from incinerator (Cat. 37.2) and Wastes or residues containing oil (5.2) for disposal of it the unit has obtained the membership of TSDF, Pithampur. ii. Used oil (Cat. 5.1) is to be sold to re-processer authorized by SPCB.
5. The unit has provided separate room (20 ft. X 12 ft.) for storage of incinerator ash adjacent to process area. During visit approximate 500 to 600 kg of ash found stored.
6. The facility initiated the development of green belt at periphery of the plant due to rocky strata survival rate of plants is very less.
7. As per the guideline of CPCB, the unit has installed OCEMS in incinerator stack to monitor CO and CO2. Provision for monitoring of temperature in primary and secondary chambers was also available. The unit has installed M/s Vasthi make CEMS in the stack and also awarded AMC work to principal supplier.
8. The OCEMS details of OCEMS as given below :
URL :http://esc.mp.gov.in/iogin User name :VNSSOLUTION Password :VNSSolution@123
9. The CEMS data available at MPPCB/CPCB website which was verified during visit.
18 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
10. OCEMS data print out of the day of inspection for 24 Hour basis average is already enclosed.
Others Issues:
1. As informed by facility operator in-spite of organizing awareness program and personnel interaction with cleaning staff of HCFs, problem of waste segregation at source is not solved. Even some of the HCFs are not willing to give their generated wastes and also abstains from obtaining the membership of CBWTF.
2. The facility made MoU with M/s J K Medical waste Chanderi, District Ashok Nagar for disposal of waste during any breakdown.
3. As per BMWM Rules, 2016 every municipal body is required to collect house hold BMW from their jurisdiction & disposed it off through authorized CBWTF of the area but municipal bodies are not serious about this concern. As informed by CBWTF the status of membership obtained by Municipal Bodies situated within Regional Office, MPPCB, Gwalior is as follows :
Name Authorized Municipal Municipal
of CBWTF Bodies Bodies not
District having having CBWTF
CBWTF Membership
Membership
Gwalior M/s Devis None Gwalior, Dabra,
Surgico Pichhore,
Bhitarwar,
Antri, Bilaua,
Mohna
Datia M/s VNS Datia, Sewda, Badoni,
Solution Indergarh Bhander
Sheopur M/s VNS None Sheopur,
Solution Baroda,
Vijaypur
Morena M/s JRR None Morena, Joura,
Waste Kailaras,
Management Sabalgarh,
19
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Pvt. Ltd. Banmore,
Ambah, Porsa,
Jhundpura
Bhind M/s JRR Bhind, Gormi Gohad,
Waste Alampur, Phoop,
Management Akoda, Lahar,
Pvt. Ltd Mehgaon,
Daboh, Mau,
Mihona, Raun,
Malanpur
Action Taken by MPPCB
MPPCB already issued notice to M/s VNS Solution and closer direction to HCFs who obtained the membership of M/s VNS Solutions.
Conclusion :
M/s VNS Solutions Bhind possess valid consent and authorization from MPPCB for its operation and is established on 1.11 Acres of land. The Unit has installed one incinerator of 200 kg/hr., autoclaves of 1200 Liter/Cycle and one shredder of 200 kg/Hr. with one sharp pit. For treatment of wastewater, the Unit has provided 7.5 KL/Day effluent treatment plant. The unit also have 3 vehicles which are enabled with GPS and also initiated the bar-coding system.
The installed capacity of incinerator is 4000 kg/day if operate on 20 Hr./day however it is being operate only at its 10% capacity and approx. 90% capacity still remained. This indicates that the plant has a significant capacity to handle more waste. Hence, presently unit have sufficient infrastructure to treat the BMW as per quantity given in authorization.
To control the emission from the stacks, the unit has provided proper APCD which is sufficient to control emission if operated properly and stack emissions values were also found to be in desired limit.
The committee also consensuses that it is the matter of area distribution and mutual business competition between two CBWTFs rather than any environmental concern. 20 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
However, the committee recommended the following points for further improvement in CBWTF operations. Recommendation:-
On the basis of the monitoring and inspection conducted by Joint Committee on 6th July, 2024 the following recommendations may be communicated to CBWTF for further improvement:
1. To provide BMW Management Services only to HCFs falling within the area of authorization demarcated by MPPCB.
2. To provide all necessary help to State Government regarding awareness, training and establishment of bar code system.
3. To inform the name of the HCFs in writing to MPPCB those who are not giving their generated waste, have not obtained the membership and not adopting the bar code system so far.
4. Proper record of ash generation and disposal should be maintained and all the ash should be stored inside the room with proper locking arrangement.
5. To organize more awareness activity and interaction with member hospitals so that waste could be segregated properly at source.
6. The ULBs of the CBWTF jurisdiction may obtain the membership for proper disposal of BMW generated from households and CBWTF may facilitate the same.
18. Madhya Pradesh State Pollution Control Board has filed the reply and the learned counsel for the State PCB has argued that National Green Tribunal, Principal Bench in Appeal No. 05/2023 Santosh Kumar Singh v 21 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
State Level Environment Impact Assessment Authority, U.P. & Ors., had dismissed the appeal vide order dated 13.04.2023 by observing that "What is important is addressing huge gaps in generation and treatment of medical waste in the interest of environment. Guidelines are to be read subsidiary to this main consideration. Profit of existing Facility cannot override environmental consideration.
19. It is further argued that after the complaint submitted by the applicant against the respondent no. 3 the board evaluated the things and taken action as follows :-
1. "The Regional Office, MPPCB, Gwalior was informed by M/s Devis Surgico regarding unauthorized membership provided by M/s VNS Solution along with copy of membership certificate provided to 03 number HCFs of Gwalior district through Whatsapp.
2. The Regional Office, MP PCB Gwalior had immediately issued letter to M/s VNS Solution on dated 25.01.2024 to verify the membership certificate issued by them which were received to MPPCB through M/s Devis Surgico. However, no reply of letter submitted by M/s VNS Solution to MPPCB.
3. Thereafter MPPCB issued show cause notice to M/s VNS Solution on dated 20.03.2024. M/s VNS Solution submitted the reply to MPPCB on dated 28.03.2024 M/s VNS Solution mentioned in their reply that membership provided by them to only those HCFs of Gwalior district, which were never the member of M/s Devis Surgico.22
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
4. Thereafter M/s Devis Surgico again submitted a letter to MPPCB on dated 04.04.2024 in which it is mentioned that M/s VNS Solution is continuously approaching to HCFs of Gwalior district through M. P. Nursing Home Association of Gwalior.
20. That the MPPCB has taken action against the 03 number HCFs of Gwalior district who had obtained the memberships of M/s VNS Solution (R-3). The status of action taken is as below:
S. Name of the HCF Category Action Taken by No. MPPCB 1 M/s Life long Bedded Closer direction Hospital Near Hospital issued on dated Vishal Mega Mart, 14.05.2024 due to Thatipur, Gwalior operation of HCF without consent and authorization of the Board and disposal of BMW through unauthorized vendor.
2 M/s Biswas Bedded Closer direction
Multispecialty Hospital issued on dated
Hospital, Laxmi 14.05.2024 due to
Vihar Colony operation of HCF
Badagaon, Gwalior without consent
and authorization
of the Board and
disposal of BMW
through
unauthorized
vendor. Closer
23
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
direction.
21.
M/s Kalyani Bedded Closer direction
Multispecialty Hospital issued on dated
Hospital, Near 06.11.2023 due to
Bhagwati Marriage operation of HCF
Garden Thatipur without consent
Gwalior and authorization
of the Board and
disposal of BMW
by unauthorized
manner. Closer
direction
21. It is further argued that after the instruction from the board, respondent no. 3 has been discontinued BMW collections from HCF of the Gwalior district.
22. Respondent no. 3 has filed the brief reply and argued that the respondent no. 3 has been duly granted the environmental clearance from MPSEIAA and consent to the authorization from the State PCB and properly disposing the biomedical waste in accordance with the guidelines issued by the CPCB. It is further argued that the respondent no. 3 has never approached the hospitals in the Gwalior district nor has the respondent no. 3 misrepresented that his biomedical waste plant is authorized for the Gwalior district.
23. It is argued that in the 21st century with increased use of disposable material and the presence of dreaded disease like Hepatitis B and AIDS, it is utmost important to take care of the infected and hazardous waste to save the mankind from disaster. The Health care institution or hospitals which are responsible for care of morbid population are emitting voluminous quantity of rubbish, garbage and bio medical waste matter each day from wards, operation theatre and outpatient areas. Proper 24 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
management of hospital waste is essential to maintain hygiene, aesthetics, cleanliness and control of environmental pollution. The hospital waste like body parts, organs, tissues, blood and body fluids along with soiled linen, cotton, bandage and plaster casts from infected and contaminated areas are very essential to be properly collected, segregated, stored, transported, treated and disposed of in safe manner to prevent hospital acquired infection. Various communicable diseases, which spread through water, sweat, blood, body fluids and contaminated organs, are important to be prevented. The bio medical waste scattered in and around the hospitals invites flies, insects, rodents, cats and dogs that are responsible for the spread of communication disease like plague and rabies. Rag pickers in the hospital, sorting out the garbage are at a risk of getting tetanus and HIV infections. The recycling of disposable syringes, needles, IV sets and other article like glass bottles without proper sterilization are responsible for Hepatitis, HIV, and other viral diseases. It becomes primary responsibility of Health administrators to manage hospital waste in most safe and eco-friendly manner.
24. Learned Counsel for PCB has argued that as per Environment Impact Act Notification, 2006 as amended vide notification of S.O.1142 E dated April 17, 2015, 'Bio-Medical Waste treatment facility' is categorized under item 7 (da) in the schedule and requires 'Environmental Clearance' from the State Environment Impact Assessment Authority (SEIAA). As per the guidelines issued by CPCB, a facility may require Environmental Clearance' as follows:
"a) Expansion and modernization with additional treatment capacity of existing bio-medical waste treatment facility (excluding augmentation of incineration facility for compliance to 25 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
the residence time as well as Dioxins and Furans without enhancing the existing treatment capacity)
b) In case of any expansion in the treatment capacity or relocation of the existing CBWTF."
25. As per Rule 12(4) of BMWM Rules, 2016 State Government shall constitute District Level Monitoring Committee in the districts under the Chairmanship of District Collector or District Magistrate or Deputy Commissioner or Additional District Magistrate to monitor the compliance of the provisions of these rules in the health care facilities generating bio- medical waste and in the common biomedical waste treatment and disposal facilities. Further, as per Schedule III, State Government may take advice of State Pollution Control Boards on implementation of these Rules.
26. As per Rule 10 of BMWM Rules, 2016 every operator of CBWTF is required to obtain authorization under said rules from concerned State Pollution Control Board or Pollution Control Committee for ensuring that biomedical waste is collected, received, stored, transported, treated, processed, disposed or handled in line with the provisions under BMWM Rules, 2016, quoted below:
"4. Duties of the Occupier.-
It shall be the duty of every occupier to-
(a) take all necessary steps to ensure that bio-medical waste is handled without any adverse effect to human health and the environment and in accordance with these rules;
(b) make a provision within the premises for a safe, ventilated and secured location for storage of segregated biomedical waste in colored bags or containers in the 26 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
manner as specified in Schedule I, to ensure that there shall be no secondary handling, pilferage of recyclables or inadvertent scattering or spillage by animals and the bio- medical waste from such place or premises shall be directly transported in the manner as prescribed in these rules to the common bio-medical waste treatment facility or for the appropriate treatment and disposal, as the case may be, in the manner as prescribed in Schedule I;
(c) pre-treat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilization on-site in the manner as prescribed by the World Health Organization (WHO) or National AIDs Control Organization (NACO) guidelines and then sent to the common bio-medical waste treatment facility for final disposal;
(d) phase out use of chlorinated plastic bags, gloves and blood bags within two years from the date of notification of these rules;
(e) dispose of solid waste other than bio-medical waste in accordance with the provisions of respective waste management rules made under the relevant laws and amended from time to time;
(f) not to give treated bio-medical waste with municipal solid waste;
(g) provide training to all its health care workers and others, involved in handling of bio medical waste at the time of induction and thereafter at least once every year and the details of training programmes conducted, number of 27 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
personnel trained and number of personnel not undergone any training shall be provided in the Annual Report;
(h) immunise all its health care workers and others, involved in handling of bio-medical waste for protection against diseases including Hepatitis B and Tetanus that are likely to be transmitted by handling of bio-medical waste, in the manner as prescribed in the National Immunisation Policy or the guidelines of the Ministry of Health and Family Welfare issued from time to time;
(i) establish a Bar- Code System for bags or containers containing bio-medical waste to be sent out of the premises or place for any purpose within one year from the date of the notification of these rules;
(j) ensure segregation of liquid chemical waste at source and ensure pre-treatment or neutralisation prior to mixing with other effluent generated from health care facilities;
(k) ensure treatment and disposal of liquid waste in accordance with the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974);
(l) ensure occupational safety of all its health care workers and others involved in handling of biomedical waste by providing appropriate and adequate personal protective equipments;
(m) conduct health check up at the time of induction and at least once in a year for all its health care workers and others involved in handling of bio- medical waste and maintain the records for the same;
28 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
(n) maintain and update on day to day basis the bio-medical waste management register and display the monthly record on its website according to the bio-medical waste generated in terms of category and colour coding as specified in Schedule I;
(o) report major accidents including accidents caused by fire hazards, blasts during handling of biomedical waste and the remedial action taken and the records relevant thereto, (including nil report) in Form I to the prescribed authority and also along with the annual report;
(p) make available the annual report on its web-site and all the health care facilities shall make own website within two years from the date of notification of these rules;
(q) inform the prescribed authority immediately in case the operator of a facility does not collect the bio-medical waste within the intended time or as per the agreed time;
(r) establish a system to review and monitor the activities related to bio-medical waste management, either through an existing committee or by forming a new committee and the Committee shall meet once in every six months and the record of the minutes of the meetings of this committee shall be submitted along with the annual report to the prescribed authority and the healthcare establishments having less than thirty beds shall designate a qualified person to review and monitor the activities relating to bio-medical waste management within that establishment and submit the annual report;
(s) maintain all record for operation of incineration, hydro or autoclaving etc., for a period of five years; 29 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
(t) existing incinerators to achieve the standards for treatment and disposal of bio-medical waste as specified in Schedule II for retention time in secondary chamber and Dioxin and Furans within two years from the date of this notification.
5. Duties of the operator of a common bio-medical waste treatment and disposal facility.-It shall be the duty of every operator to -
(a) take all necessary steps to ensure that the bio-medical waste collected from the occupier is transported, handled, stored, treated and disposed of, without any adverse effect to the human health and the environment, in accordance with these rules and guidelines issued by the Central Government or, as the case may be, the central pollution control board from time to time;
(b) ensure timely collection of bio-medical waste from the occupier as prescribed under these rules;
(c) establish bar coding and global positioning system for handling of bio- medical waste within one year;
(d) inform the prescribed authority immediately regarding the occupiers which are not handing over the segregated bio- medical waste in accordance with these rules;
(e) provide training for all its workers involved in handling of bio-medical waste at the time of induction and at least once a year thereafter;
(f) assist the occupier in training conducted by them for bio- medical waste management;
(g) undertake appropriate medical examination at the time of induction and at least once in a year and immunise all its 30 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
workers involved in handling of bio-medical waste for protection against diseases, including Hepatitis B and Tetanus, that are likely to be transmitted while handling bio- medical waste and maintain the records for the same;
(h) ensure occupational safety of all its workers involved in handling of bio-medical waste by providing appropriate and adequate personal protective equipment;
(i) report major accidents including accidents caused by fire hazards, blasts during handling of biomedical waste and the remedial action taken and the records relevant thereto, (including nil report) in Form I to the prescribed authority and also along with the annual report;
(j) maintain a log book for each of its treatment equipment according to weight of batch; categories of waste treated; time, date and duration of treatment cycle and total hours of operation;
(k) allow occupier , who are giving waste for treatment to the operator, to see whether the treatment is carried out as per the rules;
(l) shall display details of authorisation, treatment, annual report etc on its web-site;
(m) after ensuring treatment by autoclaving or microwaving followed by mutilation or shredding, whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and glass, shall be given to recyclers having valid consent or authorisation or registration from the respective State Pollution Control Board or Pollution Control Committee;
(n) supply non-chlorinated plastic coloured bags to the occupier on chargeable basis, if required;
31 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
(o) common bio-medical waste treatment facility shall ensure collection of biomedical waste on holidays also;
(p) maintain all record for operation of incineration, hydroor autoclaving for a period of five years; and
(q) upgrade existing incinerators to achieve the standards for retention time in secondary chamber and Dioxin and Furans within two years from the date of this notification.
6. Duties of authorities.-The Authority specified in column (2) of Schedule-III shall perform the duties as specified in column (3) thereof in accordance with the provisions of these rules.
7. Treatment and disposal.-
(1) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in compliance with the standards provided in Schedule-II by the health care facilities and common bio-medical waste treatment facility. (2) Occupier shall hand over segregated waste as per the Schedule-I to common bio-medical waste treatment facility for treatment, processing and final disposal: Provided that the lab and highly infectious bio-medical waste generated shall be pre-treated by equipment like autoclave or microwave.
(3) No occupier shall establish on-site treatment and disposal facility, if a service of `common biomedical waste treatment facility is available at a distance of seventy-five kilometer.
(4) In cases where service of the common bio-medical waste treatment facility is not available, the Occupiers shall set up requisite biomedical waste treatment equipment like incinerator, autoclave or microwave, shredder prior to 32 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
commencement of its operation, as per the authorisation given by the prescribed authority.
(5) Any person including an occupier or operator of a common bio medical waste treatment facility, intending to use new technologies for treatment of bio medical waste other than those listed in Schedule I shall request the Central Government for laying down the standards or operating parameters.
(6) On receipt of a request referred to in sub-rule (5), the Central Government may determine the standards and operating parameters for new technology which may be published in Gazette by the Central Government. (7) Every operator of common bio-medical waste treatment facility shall set up requisite biomedical waste treatment equipments like incinerator, autoclave or microwave, shredder and effluent treatment plant as a part of treatment, prior to commencement of its operation.
(8) Every occupier shall phase out use of non-chlorinated plastic bags within two years from the date of publication of these rules and after two years from such publication of these rules, the chlorinated plastic bags shall not be used for storing and transporting of bio-medical waste and the occupier or operator of a common bio-medical waste treatment facility shall not dispose of such plastics by incineration and the bags used for storing and transporting biomedical waste shall be in compliance with the Bureau of Indian Standards. Till the Standards are published, the carry bags shall be as per the Plastic Waste Management Rules, 2011.
33 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
(9) After ensuring treatment by autoclaving or microwaving followed by mutilation or shredding, whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and glass shall be given to such recyclers having valid authorisation or registration from the respective prescribed authority.
(10) The Occupier or Operator of a common bio-medical waste treatment facility shall maintain a record of recyclable wastes referred to in sub-rule (9) which are auctioned or sold and the same shall be submitted to the prescribed authority as part of its annual report. The record shall be open for inspection by the prescribed authorities.
(11) The handling and disposal of all the mercury waste and lead waste shall be in accordance with the respective rules and regulations.
8. Segregation, packaging, transportation and storage.
-(1) No untreated bio-medical waste shall be mixed with other wastes.
(2) The bio-medical waste shall be segregated into containers or bags at the point of generation in accordance with Schedule I prior to its storage, transportation, treatment and disposal.
(3) The containers or bags referred to in sub-rule (2) shall be labeled as specified in Schedule IV.
(4) Bar code and global positioning system shall be added by the Occupier and common bio-medical waste treatment facility in one year time.
(5) The operator of common bio-medical waste treatment facility shall transport the bio-medical waste from the 34 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
premises of an occupier to any off-site bio-medical waste treatment facility only in the vehicles having label as provided in part 'A' of the Schedule IV along with necessary information as specified in part 'B' of the Schedule IV. (6) The vehicles used for transportation of bio-medical waste shall comply with the conditions if any stipulated by the State Pollution Control Board or Pollution Control Committee in addition to the requirement contained in the Motor Vehicles Act, 1988 (59 of 1988), if any or the rules made there under for transportation of such infectious waste. (7) Untreated human anatomical waste, animal anatomical waste, soiled waste and, biotechnology waste shall not be stored beyond a period of forty -eight hours:
Provided that in case for any reason it becomes necessary to store such waste beyond such a period, the occupier shall take appropriate measures to ensure that the waste does not adversely affect human health and the environment and inform the prescribed authority along with the reasons for doing so.
(8) Microbiology waste and all other clinical laboratory waste shall be pre-treated by sterilisation to Log 6 or disinfection to Log 4, as per the World Health Organisation guidelines before packing and sending to the common bio-
medical waste treatment facility.
18. Liability of the occupier, operator of a facility.-
(1) The occupier or an operator of a common bio-medical waste treatment facility shall be liable for all the damages caused to the environment or the public due to improper handling of bio- medical wastes.
35 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
(2) The occupier or operator of common bio-medical waste treatment facility shall be liable for action under section 5 and section 15 of the Act, in case of any violation."
27. The contention of the learned counsel for the State PCB are that on the revised guidelines for CBWTF, where it has been provided that A Common Bio-medical Waste Treatment and Disposal Facility (CBWTF) is a set up where biomedical waste generated from member health care facilities is imparted necessary treatment to reduce adverse effects that this waste may pose on human health and environment. The treated recyclable waste may finally be sent for disposal in a secured landfill or for recycling. According to the Bio-medical Waste Management Rules, 2016, "bio- medical waste treatment and disposal facility" means any facility wherein treatment, disposal of bio-medical waste or processes incidental to such treatment and disposal is carried out, and includes common bio-medical waste treatment facilities and "operator of a common bio-medical waste treatment facility" means a person who owns or controls a Common Bio- medical Waste Treatment and Disposal Facility (CBWTF) for the collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste. The Bio-medical Waste Management Rules, 2016 restricts occupier for establishment of on-site or captive bio- medical waste treatment and disposal facility, if a service of common bio- medical waste treatment and disposal facility is available within a distance of seventy-five kilometer, as installation of individual treatment facility by health care facility (HCF) requires comparatively high capital investment. In addition, it requires separate dedicated and trained skilled manpower and infrastructure development for proper operation and maintenance of treatment systems. The concept of CBWTF is not only addresses such problems but also prevents proliferation of treatment 36 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. technologies in a particular town or city. In turn, it reduces the monitoring pressure on regulatory agencies. By running the treatment equipment at CBWTF to its full capacity, the cost of treatment of per kilogram bio-medical waste gets significantly reduced. Its considerable advantages have made CBWTF popular and proven concept in most part of the world. Considering the likely impacts that may cause to the patients undergoing treatment because of operation of the captive treatment equipment within the health care facilities (HCFs), now the Bio- medical Waste Management Rules, 2016 restricts the Occupier (i.e., HCF) for ensuring treatment and disposal of generated bio-medical waste through a CBWTF, located within a distance of 75 KM. Further, these rules eased the bottleneck in upbringing the CBWTF by making department in the business allocation of land assignment in the State or UT administration responsible for providing a suitable site (s) within its jurisdiction. The concept of CBWTF is also being widely accepted in India among the healthcare units, medical associations and entrepreneurs. In order to set up a CBWTF to its maximum perfection, care shall be taken in choosing the right technology, development of CBWTF area, proper designing of transportation system to achieve optimum results etc. Key features of CBWTF have been addressed in the subsequent sections. The Bio-medical Waste Management Rules, 2016 mandates that the operator of a CBWTF authorised by the prescribed authority is required to take all necessary steps to ensure that the bio-medical waste collected from the occupier is transported, handled, stored, treated and disposed of, without any adverse effect to the human health and the environment, in accordance with the BMWM Rules and the guidelines issued by the Central Government or the Central Pollution Control Board (CPCB) from time to time. Therefore, these guidelines have been prepared with an aim to have uniformity in ensuring site selection, allowing and establishment 37 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
of a state-of-the-art CBWTF, operation as well as verification of compliance to the BMWM Rules, 2016 throughout the country. However, any other aspects which are not been covered under these guidelines and needs attention, in such a case, the prescribed authority may take suitable action in the interest of protection of the environment in consultation with MoEF & CC/CPCB. Also, it is pertinent to mention here that these guidelines are mandatory henceforth under the Bio-medical Waste Management Rules, 2016.
28. It is further argued that damage to environment is directly linked to the public health and neglecting compliance of the environmental norms results in death and injuries. Violation of environmental norms needs to be taken as seriously as preventing crimes of homicides and assaults. It is more serious as the victims may be wide, spread and unidentified. The consequence may even affect future generations.
29. Biomedical Waste is one of the most hazardous waste generated in today's time and various state agencies have formulated various laws time and again with necessary improvements so as to ensure that Bio-Medical Waste is treated and disposed of properly so as to minimalize the pollution of environment by way of Bio-Medical Waste pollutants. Initially, for treatment of Bio-Medical Waste, there used to be captive incinerators but eventually with the passage of time when it was realized that captive plants are difficult to monitor and can be one of the major reasons attributable towards violation of the environmental norms, it was formulated that there shall be establishment of common Bio-Medical Waste treatment facilities throughout the nation. This was done majorly to limit the number of bio medical waste treatment facility and disposal plants and to keep a proper check and monitor over these by the 38 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. concerned State Pollution Control Boards as well as the Central Pollution Control Board.
30. In the year 2016, the CPCB issued the revised guidelines for Common Bio-Medical waste Treatment and Disposal Facilities in consonance with the Bio Medical Rules, 2016. In terms of the CPCB guidelines, there were categorical directions with respect to the location criteria to be followed by every CBWTF. Some of the relevant abstract:
"8) Coverage area of CBWTF Suggested coverage area for development of a CEWTF is as follows:-
A CBWTF located within the respective State/UT shall be allowed to cater healthcare units situated at a radial distance of 75 Km. However, in a coverage area where 10,000 beds are not available within a radial distance of 75 Kms, existing CBWTF in the locality (located within the respective State/UT) may be allowed to cater the healthcare units situated upto 150 Km. radius w.r.t its location provided the biomedical waste generated is collected, treated and disposed of within 48 hours as stipulated under the BMWM Rules.
In case, number of beds is exceeding > 10,000 beds in a locality (i.e. coverage area of the CBWTF under reference) and the existing treatment capacity is not adequate, in such a case, a new CBWTF may be allowed in such a locality in compliance to various provisions notified under the Environment (Protection) Act, 1986, to cater services only to such additional bed strength of the HCFs located.
In case of hilly areas, considering the geography, only one CBWTF with adequate treatment capacity may be developed covering atleast two districts to cater treatment services to the HCFs located in the respective Districts. The selection and allocation of site etc. should be done as per the criteria suggested under these guidelines. The treatment charges to be prescribed by the respective SPCB/PCC in 39 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
consultation with the State Advisory Committee to be constituted under the BMWM Rules by the respective State Government or UT Administration."
The relevant provisions of the Bio Medical waste Rules, 2016 are also produced as under:
Section 3 (f) "bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunisation of human beings or animals or research activities pertaining thereto or in the production or testing of biological or in health camps, including the categories mentioned in Schedule-I appended to these rules;
Rule 17 Site for common bio-medical waste treatment and disposal facility.-(1) Without prejudice to rule 5 of these rules, the department in the business allocation of land assignment shall be responsible for providing suitable site for setting up of common biomedical waste treatment and disposal facility in the State Government or Union territory Administration.
(2) The selection of site for setting up of such facility shall be made in consultation with the prescribed authority, other stakeholders and in accordance with guidelines published by the Ministry of Environment, Forest and Climate Change or Central Pollution Control Board."
31. In an another matter O.A. No. 22/2022(CZ) the State Pollution Control Board, Madhya Pradesh has filed the status report with regard to bedded HCFs, which has been mentioned and discussed in that OA as follows:-
a. As per record of M.P. Pollution control Board status of district wise bedded HCFs within jurisdiction of Regional office Gwalior as on May 2022 is summarized as under-40
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
Sr. District CTO CTE Non- Total
No. granted granted consented
bedded bedded bedded
HCFs HCFs HCF
which are which are
operating operating
1 Gwalior 15954 7130 1029 24113
2 Datia 2313 1420 68 3801
3 Sheopur 351 15 18 384
4 Morena 2491 595 206 3292
5 Bhind 2106 436 174 2716
Total 23215 9596 1495 34306
b. Bio-medical Waste Generation Scenario:
Bio-medical waste generation assessment is most important tool for its management and disposal, by which we design our future CBWTF capacity and number of units required for proper management of generated waste.
Committee studied & analyzed data available in the form of annual reports published by CPCB & MPPCB for last five year (2016 to 2020) for assessment of bio-medical waste and study for future projections. The brief bio- medical waste generation scenario in the Country, Madhya Pradesh & Gwalior region is given below :
Country Level data:
Average
Bio-medical Bio- Change of rate Bio-
waste medical % per medical
Year No. beds generation* waste annum waste
(tonne/ per generati Bio generation
day) on Beds Medical (gm/per
(gm/per Waste bed)
bed) Generation
2020 25,44,116 774 304.23 7.83% 25.04%
2019 24,86,327 619 248.96 12.69 0.81%
% 274.10
2018 22,06,362 614 278.29 5.32% 9.83%
2017 20,94,858 559 266.84 10.30 8.12%
%
2016 18,99,269 517 272.21 7.83% 3.19%
*Quantity of bio-medical waste through bedded & non bedded HCF Source: CPCB Annual Reports 41 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
Country level Summary of Data within five year:
Average Bio-medical waste generation (within five years) : 274.10 gm/ bed Average growth rate per annum of Bio-medical waste generation: 9.40% Average growth rate of Beds increase (within five years): 7.70%.
State (Madhya Pradesh) Level data:
Average Bio- Bio- Change of rate % Bio-
medical medical per annum
Year No. beds medical
waste waste
Bio waste
generatio generati
Beds Medical generati
n* on
Waste on
(tonne/pe (gm/per
Generati (gm/per
r day) bed)
on bed)
2020 1,15,505 20.00 173.23 15.04% 12.11%
2019 1,00,401 17.85 177.75 5.22% 12.62%
2018 95,421 15.85 166.07 9.47% 6.90% 168.50
2017 87,165 14.82 170.07 5.71% 15.72%
2016 82,449 12.81 155.37 12.47% 19.56%
*Quantity of bio-medical waste through bedded & non bedded HCF Source: MPPCB Annual Reports Summary of Data (State level) Average Bio-medical waste generation (within five years) :
168.50 gm/bed Average growth rate per annum of Bio-
medical waste generation: 13.38% Average growth rate of Beds increase (within five years): 9.58% Gwalior region Level (Distt Gwalior, Morena, Bhind, Datia & Sheopur) Waste Average Bio- collected by Bio-
medical CBWTF
medical
Year Districts waste CBWTF Bio waste
generation* Beds Medical generatio
(Kg/per Waste n (gm/per
day) Collection bed)
2020 Sheopur 98
Devis surgico
Gwalior 2753 7757 3257
Datia 141
413.33
Murena 324
JRR 1904 740
Bhind 681
42
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
TOTAL 3997 9661 3997
2019 Sheopur 449.57
Devis surgico
Gwalior 1512.38 7273 2566.5
Datia 599.35 379.79
Murena 756.02
JRR 2220 1038.8
Bhind 461.02
TOTAL 3778.34 9493 3605.3
2018 Sheopur 75
Devis surgico
Gwalior 2173.67 6350 2448.67
Datia 200 389.25
Murena 327
JRR 1517 613.59
Bhind 355.05
TOTAL 3130.72 7867 3062.26
2017 Gwalior 1979
Datia 90 Devis surgico
7802 2355
Murena 327
301.85
Bhind 209
Sheopur 75
Total 2680 7802 2355
2016 Gwalior Devis surgico
Datia 7660 1727
No details
Bhind Available 225.46
Bhind
Sheopur
Total 0 7660 1727
*Quantity of bio-medical waste through bedded & non bedded HCF Source: MPPCB Annual Reports Summary of Data (Regional level) Average Bio-medical waste generation (within five years) :
342.50 gm/bed Average growth rate per annum of Bio-
medical waste generation: 23.75 % Average growth rate of Beds increase (within five years): 6.28 % Conclusion:
Studying the above data analysis shows that the amount of BMW generation at the national level is 274.1 gm/bed/day while at the State level it is 168.5 gm/bed/day. Whereas at Gwalior region level it shows 342.5 gm/bed/day it clearly indicates the variation.43
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
Hospital beds in India are growing at a rate of 7.70% per annum for five years, whereas 9.40% per year increase in BMW can be seen in the data at National level.
While looking at the data of Madhya Pradesh it is concluded that the growth rate of hospital beds in the last five years is 9.58% per annum, the growth rate in the BMW generation is 13.38% per annum.
Now the data of Gwalior region, the place in question, shows a growth of 6.28% per annum in the hospital beds in the last five years and 23.75 % per annum in the BMW.
As per record of M.P. Pollution Control Board status of district wise bedded HCFs within jurisdiction of Regional office Gwalior as on May 2022 is 34306 beds.
Thus total bio-medical waste generation of Gwalior Region estimated (i.e. Gwalior, Datia , Morena , Bhind & Sheopur district) as per National average is 9403 kg/day, as per MP State average is 5780.56 kg/day & as per Gwalior regional average is 11749.81kg/day. There are huge gap between national, MP state and regional data. Annual Reports received from CBWTFs by MPPCB, which are enclosed. However on average basis actual waste is being collected by both CBWTFs namely M/s Devis Surgico Gwalior and M/s JRR Waste Management P. Ltd. Agra respectively 483.16 kg/day from 8900 beds and 100.37 kg/day from 2488 beds. In short both CBWTF collected 583.53 kg/day from 11388 beds as per annual report of 2021 and both are claimed they are collecting all generated waste.
If we look at the regional data, it appears to be very high, whereas state level data is very less & which appears to be lower than the national level. In the coming time, there will be an increase in health care facilities in Madhya Pradesh, due to this it seems more appropriate to use national data for this 44 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
reason, if we use national data, the quantity of bio-medical waste in Gwalior region is taken as 9403.275 kg/day. Its 65% of this quantity will be incinerable which is approximately 6112.128 kg/day."
32. Coming to the present case scenario the contention of the Learned Counsel for the Applicant are that, the respondent no. 3 is interfering into the allotment order and jurisdiction of the applicant and violating the environmental norms and violating the orders of the State Pollution Control Board and thus not only violating the orders, but also interfering in the territorial jurisdiction of another unit and issuing the certificate to the hospitals without providing any treatment facility. In Annexure - A3 allotment order dated 15-06-2023, it is clear that the applicant has been allotted the district of Gwalior, while the respondent has been allotted the district Datiya and Sheopur. The certificates issued by the respondent are with regard to district Gwalior. Though the Learned Counsel for the Respondent has argued that the respondent no. 3 is not interfering into the district of Gwalior and not issuing any certificate or not collecting the material for disposal, but the certificate issued are otherwise, and the report of the State Pollution Control Board clearly depicts that certain hospitals are attached with the respondent no. 3 against which the State Pollution Control Board has taken necessary actions for the closer direction, whereas the units have no consent condition and instructions have been issued to the respondent unit for not violating the environmental norms or the orders issued by the State PCB.
33. Learned Counsel for the respondent no. 3 Mr. Shantanoo Saxena has submitted that the respondent no. 3 is engaged in the collection, segregation, processing, treatment and disposal of Bio-Medical Waste and the grievances raised by the applicant are not in any way concerned with the environmental matter, but it is simply commercial concerned and 45 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. dispute for the reasons that the applicant was not collecting the waste from the units and the respondent no. 3 collected it and disposed according to rules. It is further submitted that the territorial jurisdiction is to be followed in accordance with the guidelines issued by the CPCB & State PCB and it is deliberate and intentional litigantion against the respondent no. 3.
34. In reply to the above contention, Learned Counsel for the applicant has submitted that during the course of proceedings this Tribunal has constituted a committee consisting the representative of the CPCB & State PCB with one representative from the Collector Gwalior for submission of the report with regard to the allegations made by the applicant and while disposing the issue no. 3 the committee has submitted report that :
i. unauthorized membership provided by the M/s VNS Solution along with copy of membership certificate provided to three number of HCF of Gwalior District.
ii. Regional Office, Gwalior immediately issued letter to verify the membership certificate.
iii. Reply submitted by the respondent no. 3 was to the effect that M/s VNS Solution provided the certificate, those HCF of Gwalior District which were never the member of the M/s Devis Surgico, the applicant.
iv. The State PCB has took action against 3 units which were running without any consent condition and the issue of certificate by the respondent no. 3 was in unauthorized manner in violation of orders issued by the State PCB.46
OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
35. Learned Counsel for the State PCB Ms. Parul Bhadoria has argued that both the matters are previously heard but it is again listed for hearing on the request of Learned Counsel for the respondent no. 3 and further submitted that the issue of gap analysis and its disposal has been properly dealt with by the State PCB and competent authority of the State PCB constituted a committee and the Committee/Director Environment vide letter correspondence dated. 18.11.2024 has communicated that the unit in the Gwalior district i.e. the unit of applicant has less generation of waste than the capacity to generate. This report was submitted in compliance of the order of the Hon'ble High Court. Thus, the issue of generation, its gap analyses and the capacity to dispose has already been dealt with by the State PCB and State PCB has further passed an appropriate order for proper disposal of the Biomedical Waste vide order quoted above as Annexure-A/3 by distributing and allotment of the wastage of Gwalior in favour of M/s Devis Surgico, Gwalior- the applicant and districts of Datia and Sheopur to the respondent no. 3.
36. Learned Counsel for the respondent no. 3 Mr. Shantanoo Saxena has further argued that the classification of distance area or the coverage area or the district wise allotment may be again re-classified by the CPCB and it requires to be reconsidered.
37. Rule 2016 of Bio Medical Waste Management Rule (7) provides for Bio Medical Waste which shall be treated and disposed in accordance with the Schedule-I and in compliance with the standard provisions is Schedule-II by the Health Care Facilities and Common Bio Medical Waste Treatment Facilities.
38. The submissions of the Learned Counsel for the applicant is that actions have been taken by the State PCB against the defaulting hospitals which were running without any consent condition and closure directions have 47 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors. been issued by the State PCB. Further submissions are that the Respondent no. 3 was assisting and co-operating the Health facilities to run the hospitals without any consent condition in violation of environmental rules and environmental laws and in defiance of State PCB directions.
39. It is further argued that the issue of certificate in favour of defaulting units without any disposal was intended to defraud the provisions of environmental rules and to misguide the State PCB from taking any action against the defaulting units. Thus, it was intentional act of respondent no. 3 by issue of certificate against unit which have no consent conditions and thus violating the rules. Thus, this tribunal has jurisdiction to proceed in accordance with law against the defaulting units and non-compliance of the environmental rules.
40. The report submitted by the State PCB and the certificate which has been produced by the applicant which was issued by the respondent no. 3 clearly discloses that the respondent no. 3 is interfering in the other territorial jurisdiction of the allotment and violating the environmental norms. Accordingly, the application deserves to be allowed as follows :-
i. Respondent Nos. 1 and 2 are directed to ensure compliance of the consent -cum-authorization conditions issued to non-
applicant no. 3 and in case it is found that respondent no.
3 is violating the consent conditions and relevant order the necessary action must be taken according to rules in addition to imposition of environmental compensation.
ii. Respondent no. 3 is directed to comply the orders issued by the State PCB, specifically the allotment order and not to mis-represent the other units with regard to biomedical 48 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.
waste and not to issue unlawful and illegal certificates in favor of the units which have no consent conditions and violating the orders issued by the State Pollution Control Board and further not to issue simply certificates without disposing any biomedical waste.
iii. State Pollution Control Board has taken action against the units which have no consent conditions or hospitals in whose favor respondent no. 3 has issued the certificate but has not taken any action against the person or authority who has issued the certificate which is without any jurisdiction and forged. The State PCB is directed to take necessary action according to rules.
41. With these observations the Original Application No. 102/2024 alongwith I.As. stand disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 25th March, 2025 O.A No. 102/2024(CZ) PN 49 OA No. 102/2024(CZ) M/s Devis Surgico Vs. State of M.P. & Ors.