National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Chief Secretary To Govt. Of ... on 1 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 130 of 2021 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
Suo Motu- Chennai's Sanitation workers
Live the horrors of a broken waste disposal system
With
1. The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort,
St. George, Chennai, Tamil Nadu - 600 009.
2. The Principal Secretary to Government of Tamil Nadu
Health and Family Welfare Department,
Government Secretariat,
Fort, St. George, Chennai, Tamil Nadu - 600 009.
3. The Secretary to Government of Tamil Nadu,
Department of Environment, Forests & Climate Change,
Government Secretariat,
Fort, St. George, Chennai, Tamil Nadu - 600 009.
4. 4. Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Government Secretariat,
Fort, St. George, Chennai, Tamil Nadu - 600 009.
5. The Chairman, Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
6. The District Collector,
Chennai District, District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor, Chennai - 600 001.
7. Greater Chennai Corporation,
Rep. by its Commissioner,
Ripon Building, Chennai - 600 003.
8. The Superintending Engineer, (Solid Waste Management),
Greater Chennai Corporation,
Ripon Building, Chennai - 600 003.
9. Tamil Nadu Waste Management Limited,
Rep. by its Nodal Person,
Tamil Nadu Waste Management Project,
CHWTSDF Gummidipoondi Tiruvallur - 601 201.
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10.10. G. J. Multiclave (India) Pvt. Ltd.,
Rep by its Nodal Person,
New No. 20, Old No. 37, Teachers Colony,
Kamarajar Avenue, Adyar, Chennai - 600 020.
....Respondent(s)
Date of hearing: 01.02.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shanmughanathan for R1 to R4 and R6
Mr. Sai Sathya Jith for R5
Mr. Matrugupta Mishra for R9
Ms. P.T. Ramadevi through Mr. Ragul Adhitya for
R7 and R8
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in digital news platform named, the „News Minute‟ dated 19.05.2021, under the caption "Chennai‟s Sanitation workers live the horrors of a broken waste disposal system"
2. The article has projected the pathetic condition of the sanitation workers employed for collection of waste, of having not been provided with necessary safeguards and safety measures while being engaged in for such purposes.
3. It is also seen from the newspaper report that though certain methodology was provided for the purpose of collecting the medical waste that is being generated by COVID-19 patients, who were put under house quarantine in a scientific manner, but that was only on paper and most of the persons are mixing those wastes with other waste and put in the common dustbin which goes unnoticed and results in being dumped in dump yards along with other waste causing concern for the health of the people.
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4. According to the newspaper report the unhygienic conditions in which such wastes are being allowed to be collected results in spreading of this infection in an alarming rate among the workers engaged for this purpose.
5. It is also mentioned in the newspaper report that adequate number of masks and gloves were not provided even to the sanitation workers, so as to follow the standard operation protocol stipulated to tide over the COVID - 19 pandemic. It is also reported that a large number of sanitation workers affected with Corona Virus Infection due to non-adoption of Standard Operation Protocols (SOPs).
6. On going through the allegations made in the newspaper report, this Tribunal was satisfied that there arises a substantial question of environment the above case was suo motu registered by order dated 26.04.2021 and this Tribunal directed Tamil Nadu Pollution Control Board as well as the Commissioner, Greater Chennai Corporation to submit their independent reports regarding the allegations made in the newspaper report, steps taken by them to safe guard the interest of the sanitary workers who are engaged in such activities, the statistics showing the number of sanitary workers affected during this period and the nature of precautions taken by them to avoid spreading of the virus among sanitary workers, what is the methodology adopted by them for collection and disposal of Bio-medical waste like masks, gloves and other equipments used by COVID-19 affected patients who are undergoing treatment under home quarantine advice.
7. The Tamil Nadu Pollution Control Board was also directed to file a report, as to what is the nature of action taken by them, when such incidents were brought to their notice, what is the mechanism adopted by them for checking such irregularities in implementation of Bio-medical waste in their respective 3 area. The case was posted to 26.07.2021 for appearance of parties, submitting their independent responses and also for consideration of report.
8. On 02.07.2021, the case was advanced when this Tribunal came across another newspaper report published in The Times of India, Chennai Edition dated 30.06.2021 under the caption "Medical waste dumping on roads on rise post 2nd wave".
9. It was mentioned in the report that on the side of the roads in Valasaravakkam, medical waste is being dumped. Though complaints were made to the Pollution Control Board, they have not taken any action in this regard. So, the Tribunal had directed the Greater Chennai Corporation as well as the Tamil Nadu Pollution Control Board to look into these issues also while submitting the reports and the case was posted to original date, namely, 26.07.2021.
10. On 26.07.2021, this Tribunal had considered the status report submitted by the 8th respondent, Superintending Engineer, (Solid Waste Management), Greater Chennai Corporation (GCC) dated 24.07.2021, e-filed on the same day, extracted in Para 7 of the order which reads as follows:
STATUS REPORT BY GREATER CHENNAI CORPORTION In O.A. No. 130 of 2021
1. G. Veerappan, S/o, S. Ganapathy, Hindu, aged about 58 years Superintending Engineer, Solid Waste management Department, Greater Chennai Corporation, having at Chennai - 600 003 do hereby solemnly affirm and sincerely submit as follows.
1. I submit that I am working as the Superintending Engineer in the Greater Chennai Corporation and hence I am well acquainted with the facts and circumstances of the case.
2. I respectfully submit that the bio-medical waste generated by patients in home isolations such as used masks, gloves, tissues or swabs contaminated with blood/body fluids, used syringes, medicine etc., were collected in separate yellow bags and transported separately to isolated places in each Zone from where the Common Biomedical Waste Treatment Facilities (CBWTFs) empanelled by Tamil Nadu Pollution Control Board collected the bio-medical waste and disposed it safely as pet the guidelines issued by Central Pollution Control Board.
3. I respectfully submit that the sanitary workers, Focus volunteers. Fever survey workers in all 15 Zones were provided with Health safely materials required to protect the front line workers as per Standard Operation Protocols.
4. I respectfully submit that as per Government guidelines, during the first wave of Covid-19, 77,62,526 numbers of 3 ply Masks, 4,04,950 numbers of cotton 4 hand gloves were issued to the sanitary workers in all 15 zones from 01.04.2020 to 31.03.2021. I further submit that even during the 2nd wave of Covid-19, 7,18,960 numbers of 3 ply mask. 5000 numbers of cotton mask, 72,300 numbers of cotton gloves, 3250 numbers of Rubber gloves, 7,013 numbers of Reflect - Jacket, 5,16,955 numbers of yellow bags for exclusive disposal of waste from the quarantined homes, and 200 numbers of Gum Boots have been issued to all the sanitary workers. Also 4,78,100 numbers of 3 ply Masks, 1,23,800 numbers of cotton masks, 38,942 numbers N95 masks, 23,980 numbers of sanitizers, 21,432 numbers of Face Shields were issued to Fever Survey Workers and Focus Volunteers in all 15 zones form 01.04.2021 - 07.07.2021, abiding the standard operation protocols recommended by the Government.
5. I respectfully submit that the bio-medical waste generated by patients in home isolations and Covid care centres were collected in yellow bags and transported separately to isolated places in each zone form where the Common Biomedical Waste Treatment Facilities (CBWTFs) empanelled by Tamil Nadu Pollution Control Board collected the bio-medical waste and disposed it safely as per the Government norms. Greater Chennai Corporation executed agreement with two such common bio-medical waste treatment facility providers. In zone 1 to 8 the bio-medical waste were collected and disposed safely as recommended by Government by the Tamil Nadu Waste Management Pvt. Ltd., and in zones 9 to 15 it was done by the Common Biomedical Waste Treatment Facilities, M/s. G.J. Multiclave (India) Pvt., Ltd., As a measure to protect the sanitary workers, 11,692 numbers out of 19,715 numbers of sanitary workers have been vaccinated. Beside vaccination, Kabaaura Kudi near was also distributed to all sanitary workers. And also medical camps for the sanitary workers were periodically conducted in Greater Chennai Corporation. It is therefore respectfully prayed that the Hon'ble Court to be pleased to pass such other order or orders as this Hon'ble Court may deem fir and proper in the circumstances of the case.
11. Thereafter this Tribunal passed the following order:
8. They have also produced some photographs to show what are all the facilities that had been provided to the workers who are engaged in such activities. But we are not convinced with the photographs. Further it is not known as to whether the affidavit was filed on behalf of the Commissioner, Greater Chennai Corporation (GCC) as well. Whenever such affidavits are filed, it must be mentioned that it is filed on behalf of the officer who sworn the affidavit and also on behalf of the Greater Chennai Corporation (GCC) representing the Commissioner.
9. Further there is nothing mentioned about the allegations made in the 2nd newspaper report referred to in the order dated 02.07.2021 published in 6 Times of India, Chennai Edition dated 30.06.2021. When this was pointed out, the learned counsel appearing for the Greater Chennai Corporation (GCC) submitted that they will file further proper detailed report regarding all these aspects.
10.The learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) submitted that the report is sent for approval and if some time is granted they may be able to file the same.
11.The 9th respondent /Tamil Nadu Waste Management Limited wanted sometime to file their independent statement regarding their role for disposing the Bio-medical waste. The 9th respondent is directed to incorporate the details of the quantity of the bio-medical waste received and also the methodology and practice that is being adopted by them in verifying the genuineness of the bags that is being received and its condition before it is being taken for treatment.
12.The Greater Chennai Corporation (GCC) is also directed to file a detailed report regarding the quantity of COVID-19 waste that has been collected and disposed, so as to compare the total bio-medical waste and the COVID-19 waste differently and 5 whether they were reaching the facility in the same manner in which it has been packed when delivered.
13. The Commissioner, Greater Chennai Corporation (GCC) is also directed to file an independent report regarding this aspect, so as to ascertain as to whether any supervisory mechanism is in place to ascertain as to whether these things are strictly implemented within their jurisdiction.
14.The Tamil Nadu Pollution Control Board (TNPCB) is also directed to file a detailed report regarding the quantity of bio-medical waste generated, of general nature, quantity of COVID-19 related medical waste and also compare the same with the quantity of medical waste that reached the facility and disposed of scientifically, so as to ascertain as to whether there is any gap, if yes who are responsible for non compliance of the same to identify the persons responsible and to take action in accordance with law. If there is any gap found, the Tamil Nadu Pollution Control Board is also directed to file the nature of action taken by them against such violators before the next hearing date.
15.The Tamil Nadu Pollution Control Board (TNPCB) and Greater Chennai Corporation (GCC) are directed to file their independent reports as directed by this Tribunal on or before 26.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
16.The Registry is directed to communicate this order to the official respondents including the Chairman, Tamil Nadu Pollution Control Board (TNPCB) and the Commissioner, Greater Chennai Corporation (GCC) for their information and compliance of the direction. We feel that one more opportunity can be given to the 10th respondent to make their appearance, as they are the persons who have been authorised to collect the bio-medical waste, transport and deliver the same at the facility for final disposal.
12. The case was posted to 26.08.2021 for appearance of 10 th respondent, completion of pleadings and consideration of further reports. Thereafter, the matter has been adjourned from time to time by notification.
13. The 9th respondent had filed their reply statement regarding the manner in which they are making the collections and disposals which reads as follows: 6 7 8 9 10 11 12 13
14. They also produced certain documents along with the counter statement showing the nature of collection made by them and also produced guidelines given by the Central Pollution Control Board dated 10.06.2020 in this regard.
15. On 13.09.2021, at the request of the Pollution Control Board, time was granted to them to file the report. The Tribunal also directed the Greater Chennai Corporation to file a report showing the details of number of 14 violations cases that have been booked by them and also ascertain as to whether apart from imposing fine, whether they have collected any amount being restoration charges as expenses incurred by them for removing the waste to be handed over to the waste disposal facility from the miscreants. This Tribunal also directed the Tamil Nadu Pollution Control Board to ascertain as to whether the health care facilities including the Government Hospitals and the Medical Colleges in Greater Chennai Corporation are having required authorisation and whether they are strictly following the Bio-medical Waste Management Rules, 2016 and if not, what is the nature of action taken by them in this regard while submitting their status report. The case was posted to 08.10.2021 for that purpose. The matter was subsequently adjourned by notification and it was taken up on28.10.2021 and at the request of the official respondents, the matter was adjourned for filing their subsequent reports and posted the case to 25.11.2021 for that purpose. Thereafter, the matter has been adjourned from time to time by notification.
16. When the matter came up for hearing today, we have received the status report submitted by Greater Chennai Corporation dated 25.08.2021, e-filed on 12.09.2021 which reads as follows:
15 16 17 18 19
17. It is seen from the report that they have taken number of steps and also provided the methodology by which the same can be provided for purpose of reaching the biomedical waste disposal facility and they have given the details of the collection of COVID-19 waste generated and handing over the same to the concerned waste management facility.
18. They have also further mentioned that on 09.08.2021 they found that biomedical waste was dumped in the private land abutting Alapakkam main road in division-147, Zone 11 of Greater Chennai Corporation by Inter-Med Tablet Manufacturing company and they have recovered a fine of Rs. 5,000/-
and they have produced a receipt as well in this regard.
19. Pollution Control Board has filed signed by the officer on 23.12.2021, e-filed on 03.01.2022 which reads as follows:
20 21 22 23
20. They have mentioned in the report that all the health care unit are having necessary authorisation and also they are strictly following the biomedical waste management rules and strict monitoring is also being done by them in this regard.
21. Quite unfortunately they have not mentioned anything about the incident mentioned by the Greater Chennai Corporation of depositing of biomedical waste by Inter-Med Tablet Manufacturing company on 09.08.2021 and the Greater Chennai Corporation has fined them and recovered Rs. 5,000/- as fine evidenced by cash receipt issued to the said company by the Greater Chennai Corporation.
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22. When this was pointed out, the Learned Counsel appearing for the Pollution Control Board submitted that they will take appropriate action against the company in accordance with law.
23. Even on the last occasion, we have orally informed the Pollution Control Board as to whether any mechanism can be evolved to trace the total purchase of biomedical equipments by the health care unit, its utilisation, waste generation and its disposal so as to find out whether there is any manipulation made by the health care units in the return submitted to the authorities as required under the Biomedical Waste Management Rules, 2016 to avoid the disclosure of the actual waste that is being generated and the Learned Counsel appearing for the Pollution Control Board submitted that this being a new suggestion came from the Tribunal, the Board is trying to explore the possibility of mechanism for that purpose and they will be able to come with a proper solution for this purpose as well, if it is permissible under law.
24. Considering the overall reports submitted by the regulators, we feel that instead of keeping it and monitoring the same perpetually, we will have to give a quietus to the monitoring and leave it to the regulator to do the same in its letter and spirit to implement the biomedical waste management rules and management of the COVID-19 waste generated in an effective manner. So, the application is disposed of with following directions:
i. The Pollution Control Board and Greater Chennai Corporation are directed to strictly follow the Standard Operation Protocols provided for implementation of the collection and disposal of COVID-19 waste generated and avoid recurrence of same by throwing it on the road without taking it to the waste management facility as per the rules and guidelines given by Central Pollution Control Board in this regard..25
ii. The Greater Chennai Corporation is directed to provide all safety measures to the sanitary workers and health line workers who are dealing with collection and disposal of such waste so as to protect their health and avoid infection of the virus on those people as they are the frontline workers involved in safe disposal of the hazardous waste for protecting health of the people and their health must be taken priority by the persons who are utilising their services.
iii. The Pollution Control Board is directed to consider the violation pointed by the Greater Chennai Corporation in their status report referred to above by one manufacturing unit by name Inter-Med Tablet Manufacturing company at Alapakkam for the violation committed by them and take appropriate action against them in accordance with law by giving an opportunity of issuing notice and imposing environmental compensation as directed by this Tribunal for the violations committed by them and submit a report to this Tribunal within a period of four months.
iv. Pollution Control Board is also directed to explore the possibility of tracing the total purchase of biomedical articles which is required for treatment, its user and disposal of the same by the health care unit as to ensure under 100 per cent transparency in finding out the actual biomedical waste generation and its disposal strictly in accordance with the Biomedical Waste Management Rules, 2016 and submit the proposal or the action taken in this regard, when they are submitting the report as directed in direction no. iii within that time.
v. The Pollution Control Board as well as Greater Chennai Corporation are directed to take necessary vigil in this regard and avoid recurring of such incidents in future and ensure that all biomedical waste 26 generated by the health care units and the patients who have been advised home quarantine are collected and disposed of in a scientific manner as provided in Biomedical Waste Management Rule, 2016.
vi. Registry is directed to communicate this order to the Pollution Control Board, Greater Chennai Corporation and Health Secretary for their information and compliance of the direction.
vii. As and when the report is filed by the Pollution Control Board, the office is directed to place the same for consideration by the Bench for issuing further directions, if any, required.
25. With the above directions and observations, the application is disposed of.
.....................................J.M. (Justice K. Ramakrishnan) .......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.130/2021(SZ) 1st February, 2022.AM 27