National Green Tribunal
Meenava Thanthai K.R.Selvaraj Kumar ... vs State Of Tamilnadu on 10 June, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 08 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Meenava Thanthai K.R. Selvaraj Kumar,
Meenavar Nala Sangam,
Rep. by its President,
M.R. Thiyagarajan.
... Applicant(s)
Versus
State of Tamil Nadu and Ors.
...Respondent(s)
Date of hearing: 10.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. V.R. Thirunarayanan for R1.
Mr. C. Kasirajan through
Ms. D. Ashwini for R2.
Mr. M.R. Gokul Krishnan for R3.
Mr. K. Sridhar for R4.
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ORDER
1. The grievance in this application is regarding the non-implementation of the Biomedical Waste Management Rules, 2016 by the 4th respondent and also violation of non-compliance of the conditions imposed in the Environmental Clearance (EC) granted to them for establishing the hospital.
2. As per order dated 11.01.2021, this Tribunal had admitted the matter and appointed a Joint Committee to go into the question and directed them to submit a report and the case was originally posted to 01.03.2021 for that purpose.
3. On 01.03.2021, the matter was adjourned to 31.03.2021 for completion of pleadings and also for consideration of report to be filed. Since the committee has not submitted the report, this Tribunal reminded the responsibility of the Pollution Control Board as a regulator to conduct inspection and find out whether the Biomedical Waste Management Rules, 2016 are being strictly complied with and if not, as to whether any action has been taken for this purpose. Thereafter, the matter has been adjourned from time to time and lastly, it was adjourned to today by notification dated 29.04.2021.
4. When the matter came up for hearing today through Video Conference, Mr. G. Stanley Hebzon Singh represented the applicant. Dr. V.R. [2] Thirunarayanan represented 1st respondent, Mr. C. Kasirajan through Ms. D. Ashwini represented 2nd respondent, Mr. M.R. Gokul Krishnan represented 3rd respondent and Mr. K. Sridhar represented 4th respondent.
5. The Tamil Nadu Pollution Control Board has filed a report dated 07.04.2021 e-filed on 12.04.2021 and received on 15.04.2021 which reads as follows:-
"4. It is respectfully submitted that, in due compliance of the Hon'ble NGT order the following report is submitted:
The 4th respondent HCF of M/s. Velammal Medical College Hospital and Research Institute S.F. No. 61/1, 61/2 etc. of Anuppanadi Village, Madurai South Taluk, Madurai District was inspected on 10.03.2021 and during inspection the following are observed:
i. The Health Care Facility (HCF) was in operation.
ii. The HCF is adopting colour coding system in bags / containers / bins for the collection of biomedical waste as per the Biomedical waste (Management & Handling) Rules, 2016 in all wards iii. The HCF has established a separate biomedical waste collection room with lock and key facility system. The photographs are submitted herewith as Annexure -I iv. The HCF has executed an agreement with the common facility M/s. Ramky Energy and Environment Limited, Virudhunagar, for the safe disposal of biomedical waste generated from the HCF which is valid upto 14.02.2022. The copy of the agreement is submitted herewith as Annexure-11 [3] v. The HCF has established bar coding system for the bags containing biomedical waste sent to the common facility M/s Ramky Energy and Environment Limited, Virudhunagar. The photographs are submitted herewith as Annexure -I. vi. The HCF is maintaining a logbook for the disposal of biomedical waste to the common facility M/s Ramky Energy and Environment Limited, Virudhunagar, on daily basis. From the records, it was observed that the HCF is disposing Biomedical waste of 520 kg/day (average). The Logbook for disposal of Bio Medical Waste is submitted herewith as Annexure-III.
vii. The recyclable solid waste such as plastic, carton boxes, paper etc., are collected and segregated in a separate place. All recyclable wastes are sent to the recycling HCFs through vendors viii. Food waste and other organic wastes are collected in dumper bin and disposed through Madurai Corporation. The copy of service receipt of corporation is submitted herewith as Annexure- IV.
ix. The HCF has provided STP - 1 of 400 KLD capacity to treat the sewage. Trade effluent generated from the health care facility is treated in the STP-1 after disinfection.
x. The HCF has provided another STP - Il of 100 KLD capacity to treat the sewage generated from the staff quarters. The STP - I and II were found in operation during inspection.
xi. The HCF has provided Electro Magnetic Flow Meter at the inlet and outlet of STP - I & Il to assess the quantity of sewage treated and disposed The photographs showing the STP | & || is submitted herewith as Annexure - V. xii. The HCF is maintaining the log books for the operation of STP-1 & II. From the records, it was observed that the HCF is treating 300 KLD and 60 KLD of sewage. The copy of Logbook for the operation of STP I & II is submitted herewith as Annexure - VI [4] xiii. Treated sewage is utilized for gardening purpose after disinfection within the health care facility campus.
xiv. ROA of the treated sewage reveals that the parameters pH, TSS & BOD are within the Standards prescribed by the Board.
xv. The HCF has constructed and commissioned one laundry building separately for which HCF has applied for separate consent under the Water & Air (P&CP) Acts. Application is under process.
xvi. The HCF has provided stack with acoustic enclosure as APC measures for the DG Sets 1010 KVA - 2 numbers.
xvii. The HCF has executed agreement valid upto 14.02.2022 with authorised recycler for the disposal of used oil generated from the D.G. Sets.
xviii. The HCF has established a separate emergency room at the entrance of the health care facility.
xix. The HCF has obtained permission from the Madurai Corporation for the supply of 6.5 lakhs litres per day of water vide letter dated 13.03.2013 xx. The HCF has grown green belt inside the premises.
5. It is respectfully submitted that the HCF has submitted its application for Consent to operate for operating the Hospital with beds 900No.s, in patient 900 Nos., outpatient 500 Nos. per day, college with students 750 Nos., hostel with inmates 265 Nos., number of residents in staff quarters 599 Nos. with total built up area of 1,71,184.67m2 and for disposal of sewage 372 KLD for utilized for HVAC 100 KLD on land for gardening and for the discharge of the emission from the stacks attached to DG set 1250 KVA-2 Nos., DG Set 625 KVA-4 Nos., DG Set 180 KVA and DG set 100KVA.
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6. It is respectfully submitted that the HCF was requested to resubmit the application with the following details:
i. To include all the SF numbers in which the HCF has established the facility including laundry, nursing college etc., in the application.
ii. Furnish the Environmental clearance for the actual built- up area of the HCF of M/s. Velammal Medical College and Hospital, Anuppanadi Village, Madurai South Taluk, Madurai District.
iii. Include the Effluent Treatment plant provided for the laundry section, in the application form under the Water act.
7. It is respectfully submitted that the HCF has applied for the Authorisation under the Biomedical Waste (Management & Handling) Rules, 2016. Authorization will be considered by the TNPCB after the issue of consent under Water and Air acts.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
6. They also produced certain photographs showing as to how the biomedical waste is being collected in the 4 th respondent unit and also the agreement entered into between them and the authorized collecting agent of biomedical waste.
7. It may be mentioned here that even in the report submitted by the Pollution Control Board, it was mentioned that the 4th respondent is not having authorization, required to be obtained under the Biomedical Waste [6] Management Rules, 2016 and now they have applied for the same. Even the hospital has not obtained the Consent to Operate which they are expected to obtain before start functioning and they have applied for the same and now it is under process.
8. They have not mentioned as to what is the nature of action taken by them against the 4th respondent unit for non-compliance with the statutory provisions under the Water (Prevention and Control of Pollution) Act, 1974 and also under the Biomedical Waste Management Rules, 2016 and they have not assessed the environmental compensation which they are expected to assess as has been directed by the Principal Bench of National Green Tribunal, New Delhi in several cases of this nature on the basis of the guidelines given by the Central Pollution Control Board in this regard.
9. The committee has not submitted the report so far, though the committee was constituted as early as on 11.01.2021. That shows the lethargic attitude on the part of the authorities in non-implementation of the statutory provisions which mainly deals with the health of the people. Even the regulating authorities are not taking these things seriously when violations were brought to their notice.
10.The learned counsel appearing for the 4th respondent wanted to file objection to the report, as he has not received the report. [7]
11.Normally, the reports will be uploaded in the official portal of the National Green Tribunal and it is available in the public domain and the parties to the proceedings are at liberty to get the report by downloading the same.
12.Conducting inspection after a long time may result in disappearance of the available evidence and provide an opportunity to the violators to escape from violation, if any, committed by them. The regulators are also slow in taking action allowing perpetration of such things for a longer period and give them time for rectifying the same in order to avoid further action being taken against them.
13.When this was pointed out, the learned counsel appearing for the SEIAA submitted that they will come with a report, if some time is granted.
14.Considering the circumstances, we feel that some more time can be granted to the committee as well as to the Pollution Control Board to come with the report and further action taken report respectively and they are directed to submit their respective reports to this Tribunal on or before 22.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
15.In the meantime, if the 4th respondent wants to file any objection to the report of the Pollution Control Board, they are at liberty to file the same. If the committee members did not file the report as directed, then they are [8] directed to be appear before this Tribunal in person to show cause as to why action should not be taken against them as contemplated under Section 25 & 28 of the National Green Tribunal Act, 2010 for non- compliance of the directions issued by this Tribunal and dereliction of their duty whenever violations were brought to their notice
16.The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board and also to the official respondents by e-mail immediately, apart communicating this order to the Chief Secretary, State of Tamil Nadu, Principal Secretary for Environment for their information and taking further action in this regard.
17.For completion of pleadings, consideration of committee report and further report to be filed by the Tamil Nadu Pollution Control Board, post on 22.07.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
..........................E.M. (Dr. K. Satyagopal) O.A. No.08/2021, 10th June, 2021. Mn.
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