National Green Tribunal
Suo Motu vs The State Of Kerala, Rep. By Chief ... on 25 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 43 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu the Tribunal on its own motion on the
Implementation of the Bio-Medical Waste Management
Rules, 2016 in Kerala.
... Applicant(s)
With
The State of Kerala,
Represented by Chief Secretary,
Secretariat,
Thiruvananthapuram, Kerala and Ors.
...Respondent(s)
Date of hearing: 25.02.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. E.K. Kumaresan for R1 to R4.
Mrs. V.K. Rema Smrithi for R5.
Mr. Babu Joseph Kuruvathazha for R7.
Mr. R. Thirunavukarasu for R10.
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ORDER
1. As per order dated 19.01.2021, this Tribunal had taken cognizance of the report submitted by the Chairman, State Level Monitoring Committee in respect of certain violations committed by the Government Medical College, Kalamassery, Ernakulam District in handling the bio-medical waste and thereafter, passed the following order:-
"11. Considering the circumstances, we feel that direction can be given to the Pollution Control Board to look into the issue raised by the State Level Monitoring Committee regarding the improper management of biomedical waste in Government Medical College, Kalamassery and what is the action taken and submit a report to that effect before this Tribunal before the next hearing date.
12. Further, the State Government is also directed to take all earnest attempt to bifurcate the area of operation of the 7 th respondent unit and the existing unit IMAGE at Palakad so that certain amount of biomedical waste generated in some part of central and south of Kerala can be dealt with by them effectively.
13. When this was pointed out, the learned counsel appearing for the State Department submitted that he will come with the concrete report regarding the same immediately.
14. The State Government as well as the Kerala State Pollution Control Board are directed to submit the above said respective reports as directed by this Tribunal on or before 25.02.2021 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."
2. The case was posted to today for consideration of further reports as directed.
3. When the matter came up for hearing today through Video Conference, Mr. E.K. Kumaresan represented respondents 1 to 4, Mrs. V.K. Rema Smrithi represented 5th respondent, Mr. Babu Joseph Kuruvathazha represented Page 2 of 10 7th respondent and Mr. R. Thirunavukarasu represented 10th respondent.
4. We have received the report submitted by the Kerala State Pollution Control Board (KSPCB) dated 19.02.2021 which reads as follows:-
"Report filed by the Environmental Engineer on behalf of the 5 th respondent
1. I, Mini Mary Sam, aged 53 years, W/o. Ranjan Jacob, Environmental Engineer, Regional Office, Ernakulam do hereby submit that I am authorized to represent the 5th respondent and that I am conversant with the facts of the said case and I may state as follows as per the direction of the Hon'ble National Green Tribunal in the above application.
2. In the order dated 19.01.2021 of the Hon'ble NGT in O.A. No.43/2017, the Hon'ble NGT observed that a report has been received from the Chairman State Level Monitoring Committee, Kerala regarding improper and unscientific way of waste management in Government Medical College Kalamasserry, Ernakulam.
3. It is submitted that based on the complaint received against the unauthorized dumping and burning of biomedical waste in the hospital, inspection was conducted by the Board on 31.12.2020. Based on the inspection a notice dated 04.01.2020 was issued to the Principal, Govt. Medical College Kalamassery to show cause for not initiating legal action and for not imposing Environmental Compensation against the hospital due to the following reasons i. The Bio Medical Wastes generated in the hospital was seen stored in an open area and hence the waste was seen exposed to rain.
ii. Food wastes from IP wards were seen half burned along with their aluminium foil packings in two pits without proper segregation.
iii. During enquiry, it was also noted that the STP of the hospital was non functional thus violating Section 24 of the Water (Prevention and Control of Pollution) Rules, 1976. The raw effluent was seen stored inside the tanks without any treatment, suspecting unauthorized discharge of sewage without any treatment.
iv. The Board had already issued directions to operate the STP Page 3 of 10 effectively and also to revamp the existing STP but the hospital had not complied with the Board's direction and still functioning without adequate sewage treatment facility and not holding Board's valid consent to operate. v. Operation of the hospital without valid consent and without proper waste management system is violation of the Environmental Legislations.
Copy of the show cause notice is produced to herewith and marked as Annexure R5(a).
4. The matter was also brought to the attention of the Principal Secretary, Health & Family Welfare Department vide Letter dated 19.01.2021 and the Director of Medical Education vide letter dated 02.01.2021. The matter was raised by the Board Chairman in the State Level Advisory Committee meeting held on 01.02.2021.
5. The hospital authorities submitted a reply dated 19.01.2021. In their reply they pointed out that since the hospital was a dedicated Covid hospital, they had to manage huge quantity of Bio Medical Waste with limited resources and they admitted some shortfalls in managing the situation. Regarding the revamping of sewage treatment plant, it was reported that the construction work was progressing in full swing which has been in a slow pace during the COVID period and requested 6 months time for completing the Material Collecting Facility (MCF) and Sewage Treatment Plant. Copy of reply is submitted herewith and marked as Annexure R5(b).
6. It is submitted that based on the reply from the Hospital authorities, inspection was conducted again on 05.02.2020. During the inspection, it was noticed that the Sewage Treatment Plant was not in operation and the effluent was discharging without proper treatment and no proper storage facility was provided for biomedical waste generated.
7. Since, the works of Sewage Treatment Plant were seen started, they were directed to submit an affidavit in stamp paper of Rs.200/- stating that the following work will be completed within 3 months.
a. All the works of the Sewage Treatment Plant will be completed and same will be in operations b. Shed with roof will be constructed for storing biomedical waste.
8. The Medical College was further inspected on 18.02.2021. The STP Page 4 of 10 was not in operation, legal Sample was collected. Necessary further action will be initiated after receiving the result of the legal sample. (In the meantime action has also been initiated to take legal action against the Kalamassery Medical College authorities).
All that is stated above is true to the best of my knowledge, information and belief.
Dated this 19th February, 2021."
5. They have produced certain documents along with the report showing that certain actions have been taken including proposal to initiate prosecution against the hospital authorities for not implementing the Bio-Medical Waste in a scientific manner in that hospital. They requested for one month time to file further action taken report in this regard before this Tribunal.
6. We have also received the updated status report of the action taken by the State Government with regard to the implementation of the Bio-Medical Waste and establishment of Common Bio-Medical Waste Treatment and Disposal Facility in the State of Kerala submitted by the Principal Secretary which reads as follows:-
"Updated Status report of the action taken by the State Government with regard to O.A. 43/2017 Suo Motu Proceedings of Common Bio Medical Waste Management of the Hon'ble NGT order dated 19.01.2021.
1. A bifurcation of the area of operation of the IMAGE plant (which is the only functional common BMW Management Facility in the State) would essentially require setting up of more plants of this nature across the state.
2. The second plant in the State is now coming up at Ambalamedu, Ernakulam. Built and operated by KEIL, this plant has a capacity for handling 15-16 tonnes of BMW per day.Page 5 of 10
3. The Government has already taken a decision to allocate BMW from Government Healthcare Facilities in three districts (Malappuram, Ernakulam and Pathanamthitta) to KEIL starting March 2021. An MoU in this direction is being drafted presently.
4. In addition, the Government is in the process of setting the third BMW Management facility, a captive facility, at Government Medical College, Kottayam. This plant is envisioned as a futuristic and model plant making use of Plasma Pyrolysis technology developed indigenously by the Industries of Plasma Research (IPR). ADPR for this purpose is being developed, and KIIFB has agreed in principle to fund this novel venture.
Principal Secretary O/o. Principal Secretary Health & Family Welfare"
7. It may be mentioned here that though they have admitted that second plant has been established at Ambalamedu at Ernakulam, built and operated by KEIL with the capacity of handling 15-16 Tonnes of Bio- Medical Waste per day, they have not bifurcated the area for the purpose of authorizing the IMAGE, who has been authorized to collect, segregate and take it to the disposal facility so as to enable them to collect those bio- medical waste from that bifurcated area which was intended to be disposed of by the present bio-medical waste facility and it is mentioned that that it will be completed by March-2021.
8. It may be mentioned here that for the purpose of finalizing the same, it is not known as to why so much time is required, especially when the facility has completed its process of establishing after obtaining necessary clearance/permission etc. even during December 2020. Page 6 of 10
9. Further, there is a high risk of not disposing the bio-medical waste in a scientific manner and it is not known as to why the Government is not serious about the same, especially when a facility has already been established. The Government must be proactive in taking decision in respect of utilizing the facility in an effective manner without delay.
10. Further, it is seen from the report submitted by the Pollution Control Board that even a State owned government hospital in the Ernakulam District namely, the Government Medical Hospital, Kalamassery which is a medical college as well is not following the Bio-Medical Waste Disposal in a scientific manner and the report of the Pollution Control Board and the State Level Monitoring Committee shows the pathetic conditions in which the bio-medical waste is being handled in that hospital even during the pandemic of Corona Virus attack in that State, let alone the irresponsible way in which the solid waste generated in the hospital which is also managed in an unscientific manner.
11. It may be mentioned here that the STP established is not functioning properly, untreated sewage is being let into the common drain and there is no proper storage facility provided in the hospital and there is no proper training given to the staff as to how to handle the bio-medical waste in a scientific manner as provided under the bio-medical waste management rules.
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12. If this is the standard of the medical college, then how the students coming out of that college will be knowing about their responsibility of handling the bio-medical waste and statutory provisions dealing with the same. The Government institution must be a model for others in implementing the Waste Management Rules and the Government must provide all necessary infrastructure as well as fund for that purpose, as health is a primary responsibility of the State Government. Being a literate State, it is expected that they must be proactive in implementing the waste management rules effectively in the State but that is not reflected in action as seen from the reports filed by the Pollution Control Board and the reports of State Level Monitoring Committee appointed by Principal Bench of National Green Tribunal in O.A. No. 606/2018 not only in this case but also in some other cases pending before this Bench in respect of similar issues in other parts of the State.
13. Though the Principal Bench of National Green Tribunal had come strongly on the Chief Secretary of State of Kerala in respect of implementation of the Solid Waste Management Rules, 2016 in that State in O.A. No.606 of 2018 and this Tribunal also in several matters has given certain directions to the institutions to follow the Rules, but inspite of that, every direction issued by this Tribunal is falling on deaf ears of the authorities and there is no improvement in carrying out the directions issued by this Tribunal. Whenever reports were called for, the reports reveal the same position in Page 8 of 10 respect of which earlier orders have been passed.
14. So under such circumstances, we feel that it is necessary to direct the Chief Secretary, State of Kerala to look into these issues very seriously and issue necessary directions to the concerned authorities who are expected to implement the directions of this Tribunal to protect environment which is a constitutional obligation on the part of the state machinery under Article 48 A of the Constitution of India.
15. So, the Chief Secretary, State of Kerala is directed to look into the issue and take effective steps to resolve the issue in an effective manner to save the health of the people in the State.
16. The Chief Secretary, State of Kerala, Principal Secretary for Health, State of Kerala as well as the Kerala State Pollution Control Board are directed to file a further report to this Tribunal showing the improvement and implementation of the direction issued by this Tribunal in this regard.
17. They are directed to submit the respective reports to this Tribunal on or before 23.03.2021 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.
18. The Registry is directed to communicate this order to the members of the committee, Chief Secretary, State of Kerala, Principal Secretary for Health, State of Kerala, Principal Secretary for Environment, State of Kerala and Page 9 of 10 also to the Kerala State Pollution Control Board by e-mail immediately so as to enable them to comply with the direction.
19. For consideration of further reports, post on 23.03.2021.
Sd/-
...........................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. (Shri. Saibal Dasgupta) O.A. No.43/2017, 25th February, 2021. Mn.
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