National Green Tribunal
Suo Motu vs The State Of Kerala, Rep. By Chief ... on 6 May, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 43/2017(SZ)
In Re: implementation of the Bio-Medical Waste Management Rules,
2016 in Kerala.
Date of hearing: 06.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
For Respondent(s): Mr. G. Prabhu represented Mr. E.K. Kumaresan for R1 to R4.
Mrs. V.K. Rema Smrithi for R5.
Mr. S. Prasanth for R6.
Mr. Babu Joseph Kuruvathazha for R7.
Mrs. Vidhyalakshmi Vipin for R9.
Mr. Thirunavukarasu for R10.
ORDER
The Issue
1. Vide order dated 9.2.2017, the Tribunal took suo motu cognizance of violation of Bio-Medical Waste (BMW) Management Rules, 2016 in Kerala shown from the report of the Kerala State PCB in a matter pending before the Tribunal (OA 308 of 2013 (SZ)) to the effect that in the entire State there are only three BMW Facilities proposed at Thiruvananthapuram, Ernakulam and Kozhikkode, the same were inadequate to handle the BMW generated in the State as per mandate of the BMW Rules. Operative part of the order is reproduced below:
"xxx ....................................xxx.......................................xxx Additional report dated 03.02.2017 has been filed by KSPCB today. The report was filed pursuant to the direction of the Tribunal dated 1 05.01.2017. The report reveals the alarming position in the State of Kerala with regard to the Bio-medical waste disposal. The position revealed shows that only three Bio-medical waste facilities are proposed in the State of Kerala, one at Thiruvananthapuram, another at Ernakulam and one at Kozhikode.
In such circumstances, we find it necessary to deal with the question of Bio-medical waste disposal in the State of Kerala, especially because of the abundance of Multi Speciality Hospital and other Hospitals in Kerala separately. The Registry is directed to put up a separate file and register a separate suo motu case to consider the implementation of the Bio-Medical Waste Management Rules, 2016 in Kerala.
List the matter on 06.03.2017."
Procedural History
2. Accordingly, the above OA was registered and first put up for hearing on 21.2.2017. The Tribunal issued notice to the State of Kerala, State PCB, Kerala Enviro Infrastructure Ltd., Kochi and Malabar Enviro Vision Pvt.
Ltd., Kozhikkode and M/s Indian Medical Association Goes Ecofriendly (Image), Thiruvananthapuram. By later order, SEIAA, Kerala, CPCB, MoEF&CC were also added as parties.
3. Thereafter, the matter has been considered on several occasions. It is not necessary to refer to all the orders passed in the last five years. It will suffice to refer to some of the significant orders necessary for passing a final order today.
4. On 18.5.2017, the Tribunal found that Common Bio Medical Waste Treatment Facility (CBMWTF) operated by M/S IMAGE was unable to scientifically handle the entire BMW assigned to it and remedial action was required.
5. The progress was reviewed inter alia on 24.2.2020, 5.5.2020, 19.8.2020, 19.1.2021, 25.2.2021, 23.3.2021, 24.6.2021, 29.1.2022 and 25.3.2022. Each time the Tribunal noted unsatisfactory state of affairs, 2 calling for prompt remedial action in the matter of operationalising additional Facility as well as scientific handling of waste which was reported to be not happening to the prejudice of public health.
Permission of additional Facility - objection before the NGT, High Court and Hon'ble Supreme Court
6. Vide order dated 24.6.2021, the Tribunal noted that additional Facility of KEIL was permitted by the State PCB and the Government to handle some waste which was earlier handled by IMAGE which was being objected to without any valid justification. On 28.9.2021, the Tribunal noted that IMAGE challenged the order of the State PCB before the Kerala High Court by way of WP 17693/2021. The said writ petition was dismissed inter alia on the ground that the matter was being dealt with by the Tribunal. The said order was affirmed by DB of the High Court vide order dated 22.11.2021 in WA 1290/2021 against which SLP are said to be pending but there no stay of order of the State PCB on that aspect1 has been brought to our notice though it was stated earlier that status quo has been granted against cancellation of authorisation, which is a different aspect.
Fire in IMAGE plant reported in media on 17.1.2022
7. Vide order dated 25.1.2022, while reviewing the progress in the matter, the Tribunal took suo motu cognizance of fire in IMAGE on 17.1.2022, directed remedial action for environmental safety and sought a report about factual and also remedial action taken.
8. The matter was finally considered on 29.03.2022 in light of report of State PCB dated 17.02.2022. The said order is reproduced below:
1Orders of Hon'ble Supreme Court dated 17.12.2021 in SLP No.20445/2021 show that notice has been issued on SLP and prayer for interim relief and order dated 5.4.2022 shows that matter has been adjourned 3 "1. As per order dated 25.01.2022, this Tribunal had considered the order passed on 17.11.2021 and extracted in Para (1) of the order and then, passed the following order:-
"2. The case was posted to 20.12.2021 for consideration of further report. Thereafter, the matter was adjourned from time to time by successive notification and lastly it was adjourned to 18.02.2022 by notification dated 19.01.2022.
3. Since, we have come across a newspaper report published in Malayala Manorama dated 17.01.2022 under the caption "Fire breaks out at IMA's biomedical waste plant at Kanjikode, the case has been suo motu advanced to today for consideration of the new paper report. It is seen from the report that a huge fire incident occurred in the Bio Medical facility run by 6th respondent that created huge havoc and took lot of time for putting of the fire as well.
4. We feel that it is necessary to ascertain the reasons for the fire incident and whether it was due to any negligence or non- compliance of the direction imposed in the consent or authorization granted or any inefficient method by which the collection and disposal has been done by them in that facility, whether there was any damage caused to environment on account of the fumes that were emitted on account of fire and what is the nature of action taken by Kerala Pollution Control Board in this regard. If there is any damage caused to environment, what is the nature of damage caused including the air pollution and other possible pollution and also considering the question as to whether on account of deposit of dust coming out of the fire, had affected any nearby water bodies and, if so, what is the quantum of compensation to be imposed on 6th respondent for the damage caused to environment and remedial measures to be taken by them to avoid such incidents in future.
5. 6th respondent is also directed to file their independent statement regarding the fire incident occurred in their Bio- medical disposal facility and also the remedial measures taken by them to avoid such incidents recurring in future.
6. Pollution Control Board as well as the 6th respondent are directed to file their respective report to this Tribunal on or before 18.02.2022, the date on which the case is originally listed for consideration.
7. Learned Counsel appearing for the 7th respondent and Pollution Control Board submitted that against the order passed by the Hon'ble High Court in W.A. No. 1290 of 2021 and W.P. No.1303/2021 disposed of by common Judgement dated 22.11.2021, an appeal has been filed before the Hon'ble Apex Court and the Learned Counsel appearing for 7th respondent submitted that yesterday status quo order has been passed by Hon'ble Apex Court in the appeal filed by some hospitals against the order cancelling the authorisation 4 given to them due to certain violations found. Since, orders are not before us, we are not passing any further orders in this regard. Parties are directed to produce the order of Hon'ble Supreme Court in this regard.
8. In the meantime, 6th respondent as well as Pollution Control Board are directed to file their report regarding the fire incident as directed by this Tribunal on or before 18.02.2022 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.
9. Registry is directed to communicate this order to the official respondents including the 6th respondent as they are not represented by any counsel today for their information and compliance of the direction."
2. The case was originally posted to 18.02.2022 for consideration of further reports and also the report in respect of the fire incident recently occurred in the 6th Respondent Bio Medical Waste Facility at Palakkad. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 09.03.2022.
3. We have received the statement submitted by the 6th Respondent dated 15.02.2022, e-filed on the same date, in respect of the fire incident which was referred to in the earlier order viz., 25.01.2022 which reads as follows:-
"STATEMENT FILED BY THE 6TH RESPONDENT IMAGE PURSUANT TO THE DIRECTION DATED 25.01.2022 ISSUED BY THIS HON'BLE TRIBUNAL
1. I am the Secretary of IMAGE, 6th respondent in the O.A. I have gone through the order dated 25.01.2022 issued by this Hon'ble Tribunal. The statement is filed in compliance with the direction contained in para No.5 the said order, directing the IMAGE to file "an independent statement regarding the fire incident occurred in their biomedical waste disposal facility and also the remedial measures taken by them to avoid such incidents recurring in future."
2. It is true that a fire incident occurred in IMAGE premises on 16.01.2022. On the said day IMAGE plant was working as usual. There were total 137 workers inside the plant on that day. A fire accident happened in the plant at around 10.00 a.m. on that date. The fire started in the scrap sorting-cum- bottle processing shed behind Plant No.III, which later spread to the Barcode Processing-cum-Waste Unloading area situated on the right side of the Bottle Processing-cum-Scrap Sorting Shed. In the Scrap Sorting Shed both partially treated and untreated waste along with some processed scrap were kept.
3. At around 9.30 a.m. one of the Supervisors working in the bottle processing shed saw some smoke arising from the 5 partially processed scrap kept behind the bottle processing shed and immediately alerted the maintenance team, the plant supervisor Shri Mohandas and other labourers working inside the plant. Immediately the labourers and maintenance team reached near the bottle processing shed and started to extinguish the fire. They did this by pumping water initially with hose pipe and later by utilizing the Fire Hydrant System installed at various locations near the fire originated area.
4. The heavy wind in the plant area has led the fire to spread at a rapid pace all through the processed scrap and dry shrubs nearby the Barcode Processing yard, where partially treated waste, processed scrap and untreated waste were stored temporarily. This pre-engineered building structure with around 16500 sq.ft. area was built in the year 2018-19 for the purpose of barcode processing of the received waste and also for storage of the processed scrap.
5. At around 10.30 a.m. the Plant-in-charge alerted the Kanjikode Fire Station over the telephone. By 11.30 a.m. the officials from Kanjikode Fire Station along with one Fire Engine reached the plant. Due to the railway gate closed on their way little delay happened at their arrival at the plant. The fire officials started extinguishing the fire with the help of available workers in the plant. By the time the barcode yard building also started getting fire. The fire brigade arranged 5 more fire engines from the nearby Fire Stations. Around 80 professional fire fighting staff along with the dedicated labourers in the premises continued their efforts till the fire came under complete control, thus preventing the fire being spread to other adjacent buildings. In addition to the water in the fire fighting engines additional continuous supply of water was ensured from the rain water harvesting pond at the plant.
6. The Fire and Rescue Department officials were at the site continuously for three days monitoring the fire affected area. The District PCB Officials also reached the plant immediately and placed Ambient Air Quality Monitoring System for ambient air monitoring purpose. Though it took some time and effort to bring the fire under control there was no human casualty and no machinery or equipment of the unit has been damaged due to the fire. Many officials and socio-political leaders including the M.P. and M.L.A. visited the plant on the day of the fire. As per the request of the IMAGE Chairman and Secretary, Past Chairman Dr. C.K. Chandrasekhan, Vice Chairman, Dr.P.Rajagopalan Nair, Joint Secretary Dr. Velayudhan and District representative Dr. Rasitha Gireesh reached the plant by around 12.00 Noon and co-ordinated the fire fighting activities. By evening the present Chairman of IMAGE Dr. Abraham Varghese, IMA State President Dr. Samuel Koshy and IMAGE Secretary Dr. Sharfudheen had reached the plant from various distant places in the State.
7. On the next day i.e. 17.01.2022 two units of fire engines along with 15 persons from the Fire Rescue department stayed in the plant whole day, supported by the safety team of 6 IMAGE. Official inspection by the Forest Department, Fire Department and Pollution Control Board took place on that date. As per the directions from the Fire Department the waste from the sides of the fire affected building were started removing so as to prevent the fire being spread to the adjacent areas. On 18.01.2022 inspections by the officials of KSPCB along with the Executive Engineer, Regional Office, PCB took place. They inquired about various details and informed about the testing of ambient air quality by special monitoring team posted by PCB. On 18th also two units of fire engines along with 15 employees from the Fire and Rescue Department stayed in the plant whole day. On 19.01.2022 inspection by the Executive Engineer of KSPCB along with the officials of the Regional Office, PCB took place. Special air quality monitoring team reached the plant and installed the Ambient Air Quality Monitoring device at various sites at the IMAGE plant, Guest House and at houses at a distance from the plant.
8. On 19th a formal intimation about the fire incident was given to the Kasaba Police Station by the IMAGE authorities. On that day the Secretary of District Panchayath and some party leaders visited the plant. On the next day i.e. on 21.01.2022 a Surveyor deputed by the Insurance Company inspected the plant and took notes of the incident. Two units of fire engines were there in the premises on that day also. The District Forest Officer along with a team of Range Officers visited and inspected the fire affected areas of the plant. The inspection by the PCB officials took place at intervals on subsequent days also. It is respectfully submitted that despite the fact that it took a few days to control the fire completely, the functioning of the IMAGE plant has not been obstructed or interrupted for even a single day. The fire has not affected any machinery or equipment of the plant nor has damaged or destroyed any of the files, registers or records maintained in the plant. It is further submitted that as per the valuation/assessment as on today the fire has not caused any lasting damage to the surroundings or to the atmosphere or has caused any air or water pollution. If at all any damage has occurred it is only temporary as in the case of any other fire incident, which would be cured in no time.
9. Petitioner is given to understand that Police investigation is still going on as to the cause of the fire. IMAGE also is making their own efforts to find out the reason and source of the fire. Since the project site is surrounded on one side by natural forests, initially it was suspected that the fire must have emanated from the forest area and spread to the plant site. It was only a suspicion which had to be ruled out as IMAGE authorities could not gather any evidence or arrive at any conclusion in that regard. But one thing is certain that the possibility for the fire being caused by the negligence of the plant staff or the IMAGE authorities is far remote, as IMAGE has taken all care and caution against such incidents, and this is the first ever fire incident in the history of the IMAGE plant since its inception in 2003.It is respectfully submitted that IMAGE cannot be found fault with if they suspect any mischief 7 or sabotage behind the incident at this time by some vested interests since, of late, IMAGE has business rivals in the field, and there are lobbies which want to diminish the public reputation of IMAGE as the most effective and useful Common Biomedical Waste Treatment Facility (CBWTF) in the State. Therefore, there are now people who may want to create damaging impression about the functioning of IMAGE, that IMAGE has piled up backlog of untreated waste in their premises and the fire has emanated from this piled up waste. There may also be efforts to give an impression that the machineries and equipments of IMAGE have been damaged by the fire incident and hence IMAGE may not be able to handle and process the present quantity of biomedical waste which they are treating now, and therefore it may be shared with some other CBWTF in the State.
10. It is respectfully submitted that IMAGE has been absolutely serious and careful about the safety and security of its plant and premises, and they have taken all precautions and safeguards against such accidents, and this is precisely why no such incident has taken place in its premises during its existence from 2003 onwards. Hence it is respectfully submitted that even if any suspicion has been created from any corner putting the blame for the fire incident on the IMAGE it is completely misguided, unwarranted and unfortunate. With great respect we submit that IMAGE is not at all responsible for the fire incident, and assure this Hon'ble Tribunal that IMAGE will continue to have round the clock vigil and security for its plant and premises and also will discharge our moral, legal and corporate responsibility to the society and the surrounding public by protecting the environment to the best of their abilities. It is prayed that this statement may kindly be accepted.
Dated this the 15th day of February, 2022."
4. The Kerala State Pollution Control Board also filed a report dated 17.02.2022, e-filed on 20.02.2022 which reads as follows:-
"REPORT FILED BY THE ENVIRONMENTAL ENGINEER ON BEHALF OF KERALA STATE POLLUTION CONTROL BOARD
1) I, Mini Mary Sam, aged 54 years, W/o Ranjan Jacob, Environmental Engineer do here by submit that I am authorised to represent the Kerala State Pollution Control Board, and that I am conversant with the facts of the above case and I may state as follows
2) The Board Officers had conducted inspection at IMAGE plant on 19.04.2021, 13.05.2021 and 05.07.2021. During inspections, it was noticed that back log of yellow bags of waste was stored there. Necessary directions were issued to IMAGE based on these inspections to clear the backlog. The copies of directions are attached as Annexure 1 and 2.8
In the context of accumulation of waste at IMAGE plant and the underutilized running of KEIL plant, with the advice of the Govt. the Board issued order dated 13.08.2021 bifurcating area between the two service providers to be made effective from 01.09.2021. Board Officers conducted inspection at IMAGE plant on 25.11.2021 and it was noticed during inspection that backlog of BMW remained there and hence direction was issued to process the same within 30 days. Copy of the instruction is attached as Annexure 3.
A major fire incident happened at the IMAGE plant on 16.01.2022 and BMW accumulated in the storage area caught fire. The Board Officers reached the site within an hour of the incident and started ambient monitoring utilizing in-house facility. Assistance of NIIST has also been sought for assessment of dioxins and furans.
The report of the Environmental Engineer, District office, Palakkad regarding the fire incident is attached as Annexure
4. In the light of the findings notice has been issued to IMAGE. Copy of the notice is attached as Annexure 5. The study of risk assessment and the analysis of dioxin/furans by NIIST is progressing . The damage assessment will be done based on the report of NIIST.
It is submitted that IMAGE and Private Hospital Association have approached various courts including the Apex Court against the order dated 13.08.2021 of the Board . If IMAGE and the Hospital authorities had followed the order with effect from 01.09.2021, this accumulation of waste could have been avoided.
The details of average BMW collection and disposal quantity received through e mail from IMAGE and KEIL for the last one week is furnished below:
CBWTF Avg Avg Non Total BMW Consented
COVID COVID disposed capacity
BMW TPD) BMW TPD TPD TPD
IMAGE 9.3 43 52.3 55.8
KEIL 1.7 6 7.7 16
From the above, it can be seen that the % utilization of IMAGE is 93% whereas that of KEIL is 48%.
It is submitted that the plant of KEIL is running with underutilized capacity. It is a submitted that more number of CBWTFs with minimum capacities especially at the southern and northern districts of the state is the urgent need of the hour for effective management of bio-medical waste.
9All that is stated above are true to the best of my knowledge information and belief.
Dated this 17th day of February 2022."
5. We have also received the report submitted by the Chairman, Kerala State Level Monitoring Committee dated 04.03.2022 and received on 09.03.2022, in respect of the fire incident referred to in the earlier order which reads as follows:-
"REPORT A major fire broke out on 16.1.2022 at M/S.IMAGE (Indian Medical Association Goes Eco-friendly) at Palakkad run by the Indian Medical Association (IMA).
Reportedly, the officials of the Kerala State Pollution Control Board reached the site within an hour of the incident. At that time, a storage shed filled with bio-medical waste was seen under fire and the Fire force was trying to put out the fire using hydrants. Though they could not prevent the spread of fire to other parts, the bio-medical waste materials kept in plastic bags were burning without any respite even after continuous effort. It was also reported that according to IMAGE the storage shed where the biomedical waste stacked in plastic bags, caught fire from the bush fire broke out in the adjacent forest land. However, the reason was not categorically established by the Department of Fire and Safety. Annexure-I series are the screen shots of the fire incidents.
The Environmental Engineer, KSPCB, District Office, Palakkad reported that the following were revealed on a detailed inspections after fire subsided.
1. The size of the storage shed which caught fire is 35m x 40m. The Bio-Medical Waste has been stacked inside the shed with an average height of 4.5m. Thus the total volume of the Bio-Medical Waste is 6300m3. The density of the Bio-Medical Waste was calculated using a vehicle and weigh bridge in the plant itself and it was obtained as 0.3 tons/m3. Based on this, total quantity of the Bio- Medical Waste which caught fire was estimated to be 2000 tons. Bio-Medical Waste was also stacked outside, abutting the building. It was reported by the IMAGE that the Bio-Medical Waste accumulated inside the building and abutting the building were being taken for incineration everyday and the backlog was being reduced day by day until the day of the fire incident.
2. The entire Bio-Medical Waste that caught fire is of Yellow type as per the Rules. During the peak Covid pandemic and continuing days, the Covid Bio-Medical Waste was given preference and it was being incinerated on the day itself. The non-Covid Bio-Medical Waste - Yellow - was being stacked like this.10
3. Outside the sheds, near the autoclaving sheds, some stacks of autoclaved/disinfected Bio-Medical Waste could be seen exposed. These are Bio-Medical Waste packets taken out and stored after autoclaving. During the pandemic period, as well as after that, many hospitals were doing faulty segregation of Bio-Medical Waste. So even in red packets, many incinerable waste were coming. Such dry incinerable waste which came in red packets were autoclaved, separated manually, put in new packets and was being stored in this region. So these Bio-Medical Waste was also being taken day by day and the volume was getting reduced until the day of fire incident. Adjacent to that many autoclaved/recyclable waste also seen stocked.
IMAGE which is the first common waste management treatment facility (CBWTF) run by IMA has a consented capacity to treat 55.8 tonnes of bio-medical wastes per year. It has five incinerators, sufficient number of autoclaves, other processing equipments and an effluent treatment plant of capacity 400 kilolitres per day. It receives Bi-Medical Waste from all over the State.
It is reported by the Environmental Engineer, KSPCB, District Office, Palakkad that the start of the first wave of Covid-19 in 2020 IMAGE started to receive considerably larger quantities of waste. The quality of the waste also changed drastically due to the presence of more percentage of synthetic materials in the Yellow bags, to be incinerated. This led to operational difficulties like break downs in the incinerators. Resultantly, the plant was unable to process its full capacity in those days. The situation continued during the 2nd wave of Covid- 19 in 2021 resulting in huge backlog of waste to be incinerated. It is also reported that repeated instructions were given by KSPCB to clear the backlog. However, those directions could not evoke any positive response. IMAGE maintained the stand that the reason for the backlog is the excessive quantity of waste materials received.
Here it is apt to note that the second CBWTF in the State run by Kerala Enviro Infrastructure Limited (KEIL), Ambalamedu has been set up in the year 2021 and the Department of Health and Family Welfare to Government issued a directive on 3.5.2021 allotting the waste from Government Hospital in the District of Malappuram, Ernakulam and Pathanamthitta to the said CBWTF. Later, the Chairman, Kerala State Pollution Control Board issued orders on 13.8.2021 as under.
"Considering the above facts and as per Schedule III 8
(viii) of Rule 6 and 9 (3) of the Bio Medical Waste Management Rules, 2016, it is now decided to allot the 11 waste of KEIL & IMAGE, the two service providers as follows:-
1. As per the guideline, KEIL shall operate their plant at Ambalamedu, Kochi by collecting bio medical waste from both private and government health care units within a radial distance of 75 Km from their facility. As implemented of this procedure based on radial distance would be difficult, it would be appropriate to allocate the full districts of Pathanamthitta, Alappuzha and Idukki along with Kottayam and Ernakulam to KEIL.
Therefore KEIL shall collect and process BMW from both Govt. and Private health care units from the districts of Alappuzha, Kottayam, Ernakulam, Pathanamthitta and Idukki.
2. The rest of the bio-medical waste generated both from the government andprivate health care units of the districts of Thiruvananthapuram, Kollam, Thrissur, Malappuram, Palakkad, Wayanadu, Kozhikkod, Kannur and Kasargod shall be collected and processed by IMAGE in their facility at Palakkad."
Annexure-II(a) is the copy of the aforesaid order and Annexure-II(b) is the sketch showing the bifurcation.
However, Annexure-II(a) order was challenged by the IMA and few others before the Hon'ble High Court of Kerala in WP(C) No.17693 of 202 and WP(C) N0.18270 of 2021. The aforesaid writ petitions were dismissed by the Hon'ble High Court on 27.9.2021 without expressing any opinion on the merits of the contentions raised by the parties, reserving the liberty of the petitioners to raise their contentions before this Tribunal.
Though the said Judgment was challenged before the Division Bench in WA.No.1290 of 2021, the same was dismissed on 22.11.2021 on the same lines. It is learnt that the matter is now taken in appeal before the Hon'ble Supreme Court of India.
Had the bifurcation as proposed in Annexure-Il(a) order has been effected, the same would have helped in clearing the backlog at IMAGE, thereby preventing untoward incidents like the one now reported.
The aforesaid report is presented for the kind consideration of this Hon'ble Tribunal.
Dated this the 4th day of March 2022."
126. Dr. S. Gopakumaran Nair, the learned Senior Counsel appearing for the 6th Respondent along with Mr. S. Prasanth submitted that the Judgment of the Hon'ble High Court of Kerala has been challenged before the Hon'ble Apex Court and the same is coming for hearing on 05.04.2022 and wanted this case to be posted beyond that date, as if the Hon'ble Apex Court concurs with the observations made by the Hon'ble High Court of Kerala, then this Tribunal will have to consider the bifurcation of the allotment of bio-medical waste as well independently.
7. In the meantime, if the 6th Respondent wants to file any objections to the report submitted by the State Pollution Control Board and also by the Chairman, Kerala State Level Monitoring Committee in respect of the fire incident, they are at liberty to file the same before the next hearing date 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.
8. For filing objections (if any) to the reports, consideration of report and also for hearing, post on 19.04.2022."
Consideration of the matter today and final order
9. We have heard learned Counsel for the parties in continuation of proceedings pending for last more than five years. As shown by the resume of proceedings, the authorities have 'miles to go' in the matter of ensuring scientific handling and disposal of BMW in the State. When suo motu proceedings commenced in February, 2017, there was only one operation Common BMW Facility and total three were proposed. After four years, only one more was operationalised against which objections have been raised before this Tribunal and also before the High Court and Hon'ble Supreme Court, during pendency of proceedings before this Tribunal.
Needless to say that sufficient number of such Facilities are required at earliest to bridge the existing gap in waste generation and scientific handling and disposal.2 2 Apart from reports filed before this Tribunal there are number of media reports to the effect that situation in Kerala on the subject is unsatisfactory, e.g. media report dated 21.2.2020 in "The News Minute" under the heading "Kerala's problem of treating bio medical waste: Why sole plant in Palakkad is not enough"
1310. Having repeatedly noted continuing violations of BMW Rules, it appears to be necessary to direct the Chief Secretary, Kerala (with the help of Health Secretary, Urban Development Secretary and other concerned departments) and the State PCB to further remedial action, consistent with and subject to any order of the Hon'ble Supreme Court, for strict enforcement of the BMW Rules, ensuring setting up and operationalizing adequate Facilities, compliant with statutory norms and standards.
Remedial action be also taken in respect of fire incident in IMAGE for which show cause notice has been given by the PCB. The compliance be monitored strictly atleast at intervals of a month, unless needed earlier.
Proceedings of such monitoring be placed on website of the State PCB to enable community information and participation.
11. Detailed directions for strict compliance of Bio-Medical Waste Management Rules, 2016, have already been issued vide order of this Tribunal dated 18.01.2021 in O.A. No. 710/2017, Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors., applicable to all the States/UTs in the country, including Kerala and also earlier orders of this Tribunal in the present matter. As noted in the said order dated 18.1.2021, the Tribunal interacted with the Chief Secretaries of all States/UTs on the subject of scientific management of BMW, in pursuance of order passed on 16.01.2019 in O.A. No. 606/2018, which was followed by directions passed separately to all States/UTs, in the presence of their respective Chief Secretaries, inter alia requiring enforcement of the BMW Rules and monitoring compliance by District Magistrates in Districts and by Chief Secretaries at State level. The Tribunal also directed compiling of data at Central Level to address the issue of inadequate Bio-Medical Waste Treatment Facilities in the country. A consolidated report with status and recommendation was duly filed before the Tribunal by CPCB on 14 18.07.2020 and thereafter on 13.01.2021. The Tribunal noted that compliance by the States/UTs ranged between 17% to 38% and thus, there were huge gaps in generation and treatment of waste. The relevant extracts from the order are:-
"1to6...........................xxx..............................xxx......................xxx
7. Accordingly, the CPCB has filed its report dated 13.01.2021 giving the status of the compliance of the Rules as follows:-
"3. Bio-medical Waste Management Scenario:
As per the annual information, submitted by 34 SPCBs/PCCs, there are 3,19,907 no. of Health Care Facilities (HCFs) out of which 1,06,643 no. of HCFs are bedded and 2,15,336 no. of HCFs are non- bedded facilities such as clinics, blood banks, etc. Out of 3.19 lakh healthcare facilities 1.55 lakh facilities granted authorization under the BMW Rules. It is observed that number of authorizations have increased by 40% compared to earlier inventory. Similarly, the number of healthcare facilities brought under regulation have been increased 20% from 2,70,416 to 3,19,907 facilities.
Out of 3,19,907 no. of HCFs, about 75 % of them utilising services of CBWTFs, while 18,552 No. of HCFs, that is 5.8% of HFs are having captive bio-medical waste treatment and disposal facilities. There is no information on about 20% of HCFs since those facilities are yet to be brought under authorization process.
There are 202 no. of CBWTFs in the country and apart from it, 36 facilities are under construction. As per inventory, total generation of bio- medical waste is about 615 tonnes per day out of which about 541 tonnes per day of bio-medical waste are treated and disposed through authorized facilities. The quantity disposed through CBWTFs is about 486 tonnes per day, while 55 tonnes per day is disposed by captive facilities.
A summary of bio-medical waste management scenario in the Country is given below:
> No. of HCFs : 3,19,907
> No. of bedded HCFs : 1,06,643
> No. of non-bedded HCFs : 2,15,336
> No. of beds : 24,86,823
> No. of CBWTFs : 202* + 36**
> No. of HCFs granted authorization : 1,55,103
> No. of HCFs having Captive Treatment Facilities : 18,552
> No. of Captive Incinerators Operated by HCFs : 130
15
> Quantity of bio-medical waste generated in : 615
> Quantity of bio-medical waste treated in : 541
> No. of HCFs violated BMW Rules : 28,816
No. of Show-cause notices/Directions issued > to defaulter HCFs : 17,196 Note: * - CBWTFs in operation** - CBWTFs under installation Note: Above data is subject to minor corrections since, anomalies observed in data received from some of the States has been communicated to respective SPCBs/PCCs vide letter dated 15.12.2020 for necessary clarification and rectification.
The above data with respect to number of healthcare facilities and corresponding authorizations pertains to the year 2019. Compliance on authorizations has been further increased as per status report submitted by 29 SPCBs/PCCs in this matter. The same will reflect in annual compliance report for the year 2020, which would be available after submission of reports by SPCBs/PCCs by July, 2021.
4. Status of Compliance to BMWM Rules, 2016 CPCB identified 12 Key Performance Indicators (KPIs) to assess States with respect to effectiveness in monitoring, ensuring compliance and implementation of BMWM Rules, 2016. These indicators in different in States/UTs, have been monitored and gaps / discrepancies observed for improvement were communicated to State Pollution Control Boards and Pollution Control Committees.
CPCB has requested SPCBs/PCCs to submit information relating to the following 12 KPIs in a prescribed form:
1. Inventory of all Healthcare Facilities and biomedical waste generation
2. Authorization to all Healthcare Facilities including non-bedded HCFs
3. Facilitate setting-up adequate number of Common Biomedical Waste Treatment Facilities (CBWTFs) to cover entire State or all HCFs
4. Constitution of State Advisory Monitoring Committee and District Level Monitoring Committee
5. Implementation status of Barcode system
6. Monitoring of Healthcare Facilities other than hospitals/clinics such as Veterinary Hospitals, Animal Houses, AYUSH Hospitals etc.
7. Monitoring infrastructure of SPCBs/PCCs
8. Training and Capacity Building of officials of SPCBs/PCCs and Healthcare Facilities
9. Installation of OCEMS by CBMWTs as a self-monitoring tool and transmission of data with servers of SPCBs/ CPCB
10. Preparation of Annual Compliance Status Reports
11. Compliance by Common Facilities (emission/discharge standards, barcoding, proper operation, etc.) 16
12. Compliance by Healthcare Facilities (Segregation, pre-
treatment, on-site storage, barcoding and other provisions etc.) 4.1 Submission of report by SPCBs/PCCs CPCB has followed-up with SPCBs/PCCs for submission of State specific reports on compliance along with action taken on gaps identified by CPCB. Reports have been submitted by all SPCBs/PCCs except 06 SPCBs/PCCs namely Arunachal Pradesh, Daman & Diu, Goa, Jharkhand, Karnataka and Nagaland.
4.2 Inventory of Biomedical Waste Generating Units:
Inventory of biomedical waste generating units is an essential requirement to manage biomedical waste. It will help in planning and implementation, through authorization process, thereby waste generated from facilities can be accounted for proper collection and disposal.
As per the information received from States, 23 SPCBs/PCCs have completed the inventory as on 30.11.2020. It is reported that inventory in in process in Maharashtra and Rajasthan.
It is pertinent to mention that inventory of Healthcare Facilities and grant of authorization has been completed by many States. However, data pertaining to the same is expected to be mentioned in Annual Report for the year 2020. As per current compliance status report submitted in the matter, State-wise number of Healthcare Facilities (bedded and non-bedded) along with their authorization status received from 29 SPCBs/PCCs is given below:
Table: Status of Authorization of Healthcare Facilities S. Name of Total Bedded Non- Authorization Status No State/UT no. Health Bedded HCFs Care HCFs HCFs granted HCFs Authorization Facilities authorization without Completed (HCFs) authorizati on 1 Andaman 183 39 144 79 104 43% Nicobar 2 Andhra 10225 7078 3147 8688 1537 85% Pradesh 3 Assam 1043 582 461 1043 0 100% 4 Bihar 24996 4821 20174 5629 19367 23% 5 Chandigarh 890 49 841 890 0 100% 6 Chhattisgarh 5374 2302 2887 5189 185 97% 7 Delhi 10277 1225 9052 9916 361 96% 8 Gujarat 31360 11289 20079 27920 3440 89% 17 9 Haryana 6193 3054 3139 6006 187 97% 10 Himachal 8800 585 8215 3927 4873 45% Pradesh 11 J&K 6606 1541 5065 604 6002 9% 12 Kerala 13869 2126 11743 6735 7134 49% 13 Lakshadweep 46 10 36 39 7 85% 14 Madhya 8527 4100 4527 6270 2257 74% Pradesh 15 Maharashtra 63642 20231 43411 24902 38740 39% 16 Manipur 712 145 567 712 0 100% 17 Meghalaya 903 181 722 650 253 72% 18 Mizoram 654 106 548 135 519 21% 19 Odisha 3624 1501 2123 3302 322 91% 20 Puducherry 387 86 301 212 175 55% 21 Punjab 9871 3814 6057 8178 1693 83% 22 Rajasthan 8583 6254 2329 7070 1513 82% 23 Sikkim 287 34 253 287 0 100% 24 Tamil Nadu 23935 7099 16836 23935 0 100% 25 Telangana 6542 3742 2800 6518 24 100% 26 Tripura 1743 158 1585 870 873 50% 27 Uttarakhand 3582 1683 1899 2851 731 80% 28 Uttar 25411 13670 11741 21531 3880 85% Pradesh 29 West Bengal 8509 3008 5501 8488 21 100% Total 286774 100513 186183 192576 94198 67% The data indicates that 18 States/UTs namely Andhra Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Gujarat, Haryana, Lakshadweep, Manipur, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Uttarakhand, Uttar Pradesh and West Bengal have achieved more than 80% authorization of inventoried HCFs. The overall efficiency of authorizations issued in the country is 67% however the same need to be improved in every State and UT. There is a need for expediting the process of authorizing healthcare facilities, so that waste generated from facilities can be verified for proper collection and disposal.
4.5 Infrastructure for treatment and disposal of biomedical waste:
There are 202 CBWTFs in the country with cumulative treatment and disposal capacity of 1200 MT/day, of which incineration capacity is 814 MT/day. The present generation of 615 MT/day may look adequate at national perspective, however, at individual State's level availability of CBWTFs may vary. It is evident from the fact that States namely Assam, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Manipur, Meghalaya, Odisha, Puducherry, Rajasthan, Tamil 18 Nadu and Uttarakhand use deep burial pits for disposal of BMW, however as per BMWM Rules, 2016 use of deep burials is allowed only in remote or rural areas where there is no access of CBWTF.
These States/UTs required to ensure that deep burial pits are authorized by respective SPCB/PCC and as per the standard prescribed under said Rules. SPCBs/PCCs should also strive to facilitate installation of CBTFs wherever possible to cover as many Healthcare facilities so that the burden of landfilling infectious (Yellow category) biomedical waste can be reduced.
Capacity utilization of CBWTFs vary among States/UTs depending on available infrastructure in a specific coverage area of 75Km, number of CBWTFs, geographical distribution in the State, population density in particular coverage area as well as connectivity of HCFs with CBWTFs. Therefore SPCBs/PCCs should relook at the available infrastructure considering above factors.
In States namely Assam, Jammu Kashmir, Kerala, Odisha, Pondicherry and Tamil Nadu, the capacity utilization of existing common infrastructure has exceeded 75%, therefore these States may examine the need for additional facilities by conducting gap analysis in each coverage area. While States namely A&N, Arunachal, Goa, Lakshadweep, Mizoram, Nagaland, Sikkim and Tripura does not have common facilities for treatment & disposal of biomedical waste, should facilitate setting up of new facilities of appropriate capacities.
SPCBs/PCCs namely Assam, Tamil Nadu and Uttarakhand have already conducted gap analysis to assess requirement of additional CBWTFs and accordingly they are under process of setting up of additional CBWTFs. All the remaining SPCBs/PCCs are required to require to conduct gap analysis for entire State to ensure coverage of common facilities in entire population and State's geographical area so as to minimize usage of deep burial pits for disposal of biomedical waste.
Mizoram SPCB has submitted proposal seeking financial assistance from Ministry of Environment Forest & Climate Change.
State-wise details on Common Infrastructure and capacity utilization BMW CBWTF No of BMW Name of Authorized capacity S. No CBWT Treatment State Generation Capacity utilized (Tons/day) Fs (Tons/day) Andaman 0.7 0 0.7 1 No CBWTF NA and Nicobar Islands 2 Andhra 15.1 12 15.1 44.4 34% Pradesh 19 3 Arunachal 0.4 0 0.4 No CBWTF NA Pradesh 4 Assam 8.8 1 6.2 7.2 86% 5 Bihar 34.8 4 10.8 45.3 24% 6 Chandigarh 3.9 1 3.9 6.5 60% 7 Chhattisgarh 3.7 4 4.3 22.8 19% 8 Dadar Nagar 0.3 Sent to 0.3 Sent to NA Haveli Surat Surat CBWTF CBWTF 9 Delhi 28.8 2 28.8 62.8 46% 10 Goa 1.5 0 1.5 No CBWTF NA 11 Gujarat 36.4 20 36.4 103.9 35% 12 Haryana 14.8 11 14.8 83.4 18% 13 Himachal 3.4 2 3.4 9.2 37% Pradesh 14 Jammu and 7.3 4 7.7 9.8 79% Kashmir 15 Jharkhand 5.9 3 5.9 13.1 45% 16 Karnataka 77.5 27 36.3 108.4 33% 17 Kerala 42.9 1 40.3 48.0 84% 18 Lakshadweep 0.1 0 0.1 No CBWTF NA 19 Madhya 17.8 14 17.3 46.5 37% Pradesh 20 Maharashtra 62.3 31 62.3 130.9 48% 21 Manipur 1.0 1 0.9 2.6 35% 22 Meghalaya 1.2 0 0.9 0.8 Inadequate capacity 23 Mizoram 0.9 0 0.9 No CBWTF NA 24 Nagaland 0.6 Nil 0.6 No CBWTF NA 25 Odisha 18.0 5 17.4 14.9 Inadequate capacity 26 Puducherry 5.9 1 5.9 5.9 No additional capacity 27 Punjab 16.1 5 16.1 29.1 55% 28 Rajasthan 20.7 8 18.5 35.3 52% 29 Sikkim 0.5 0 0.5 No CBWTF NA 30 Tamil Nadu 58.3 8 58.3 72.9 80% 31 Telangana 20.5 11 20.5 118.7 17% 32 Tripura 1.4 0 1.4 No CBWTF NA 20 33 Uttarakhand 3.8 2 3.8 7.5 51% 34 Uttar Pradesh 52.5 18 52.5 91.3 58% 35 West Bengal 41.6 6 41.6 79.9 52% TOTAL 615 202 541 1200 45% Note: (i) In States where there is no CBWTFs, the biomedical waste is disposed off through captive treatment facilities (incineration or deep burial) installed by HCFs.
(ii) Disposal by incineration is considered as 60% waste generated.
(iii) The capacity of autoclave has been calculated considering 6 batches per day.
4.6 Implementation of Barcode System Rules envisage implementation of barcode system by CBWTFs and HCF to track movement of biomedical waste between points of generation till its disposal at common facilities. As per status reports, only 04 States/UTs namely Bihar, Kerala, Punjab and West Bengal have adopted barcode system for tracking of biomedical waste.
22 States/UTs namely Andaman & Nicobar, Andhra Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Odisha, Puducherry, Rajasthan, Sikkim, Tamilnadu, Telangana, Uttar Pradesh and Uttarakhand have reported that they are under process of adoption of Barcode system.
03 States/UTs namely Mizoram, Meghalaya and Sikkim submitted that there is no CBWTFs in operation and hence barcode system is not adopted yet. However, as per CPCB guidelines, in case the areas not covered by CBWTFs, concerned SPCB will be responsible for implementation of barcode system.
Hon'ble Supreme Court while hearing a matter of improper disposal of BMW in WP(C) 13029 of 1985, directed Ministry of Environment Forest & Climate Change and Central Pollution Control Board to implement the Barcode system through Centralized system. Accordingly, CPCB has already submitted technical proposal to MoEF&CC envisaging integration of all barcode systems into a central portal operated by CPCB. Further, as suggested by MoEF&CC, CPCB has constituted a Technical Committee to advise on planning and implementation of Barcode System at Central Level.
4.7 Monitoring of Healthcare Facilities other than Hospitals / Clinics 21 Healthcare Facilities like Veterinary Hospitals, AYUSH hospitals, Animal Houses etc. also come under the purview of BMWM Rules, 2016 and are responsible for ensuring scientific disposal of biomedical waste. CPCB has advised SPCB/PCCs for carrying out monitoring of such HCFs and also to ensure their authorization.
As per the compliance reports, all SPCBs/PCCs have reported that they have included facilities other than clinics and hospitals in their inventory, except Assam, Kerala and Lakshadweep.
4.8 Monitoring Infrastructure of SPCBs/PCCs and organizing training programs Andaman & Nicobar, Lakshadweep, Manipur and Rajasthan have informed that they are under process of upgradation of their laboratories for conducting emission monitoring and effluent analysis. Remaining SPCBs/ and PCCs have adequate infrastructure to conduct monitoring to very compliance to standards / norms prescribed under BMWM Rules, 2016.
Training program is ongoing activity of State Boards and as informed every SPCB and PCC conducts training program regularly for Healthcare workers and State Board officials.
4.9 Installation of Online Continuous Emission Monitoring System As per rules, every CBWTF with incinerator facility is required install online continuous emission monitoring system (OCEMS) and report the real time emission data to SPCB and CPCB servers. As per status report, 75% of CBWTFs have installed OCEMS systems. States namely Andhra Pradesh, Assam, Chandigarh, Delhi, Haryana, Himachal Pradesh, Puducherry, Punjab, and Telangana, have ensured data transfer from all CBWTFs in respective States.
One or more CBWTFs in the States namely Bihar, Chhattisgarh, Gujarat, Jharkhand, Jammu & Kashmir, Karanataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamilnadu, Uttarakhand, Uttar Pradesh and West Bengal have yet connected with CPCB server. None of the CWBTFs in Odisha and Manipur have installed OCEMS.
As per information available at CPCB OCEMS server, about 153 out of 202 CBWTFs have installed OCEMS analyzers and transmitting data to CPCB server. State-wise details is given below:
Total no. of CBWTFs OCEMS installed and data S. No Name of State transmitted to CPCB (As per AR 2019) 1 Andaman Nicobar 0 0 22 2 Andhra Pradesh 12 12 3 Arunachal 0 0 Pradesh 4 Assam 1 1 5 Bihar 4 3 6 Chandigarh 1 1 7 Chhattisgarh 4 3 Daman &Diu and Waste handover to Gujarat Waste handover to Gujarat 8 Dadra & Nagar facility facility Haveli 9 Delhi 2 2 10 Goa 0 0 11 Gujarat 20 15 12 Haryana 11 11 13 Himachal Pradesh 2 2 14 Jharkhand 4 2 15 J&K 3 1 16 Karnataka 27 25 17 Kerala 1 1 18 Lakshadweep 0 0 19 Madhya Pradesh 14 9 20 Maharashtra 31 18 21 Manipur 1 0 22 Meghalaya 0 0 23 Mizoram 0 0 24 Nagaland Nil 0 25 Orissa 5 0 26 Puducherry 1 1 27 Punjab 5 5 28 Rajasthan 8 5 29 Sikkim 0 0 30 Tamil Nadu 8 4 31 Telangana 11 11 32 Tripura 0 0 33 Uttarakhand 2 1 34 Uttar Pradesh 18 17 35 West Bengal 6 3 Total 202 153 4.10 Submission of Annual Report of Biomedical Waste Management Except Nagaland SPCB, every State Board has submitted annual compliance Report on Biomedical Waste Management for the year 2019. Gaps identified in compliance reports have been communicated to concerned SPCB/PCC for clarification.
4.11 Compliance by CBWTFs and HCFs As per status reports, SPCBs/PCCs have been conducting monitoring of CBWTFs and HCFs for verification of compliance. As per Annual report, SPCBs/PCCs have observed 28816 violations against which 23 17196 directions / Notices were issued against defaulting HCFs and CBWTFs. State-wise details of action taken is given below;
Total No. of show cause Total no. of violation by HCFs & notices/Directions issued S. No Name of State CBWTFs to defaulter HCFs/CBWTFs 1 Andaman Nicobar 0 0 2 Andhra Pradesh 466 640 3 Arunachal 76 76 Pradesh 4 Assam 414 409 5 Bihar 809 809 6 Chandigarh 232 412 7 Chhattisgarh 33 8 Daman &Diu and 8 Dadra & Nagar Nil 92 Haveli 9 Delhi 3597 1004 10 Goa 0 0 11 Gujarat 3068 3068 12 Haryana 128 83 13 Himachal Pradesh 55 55 14 Jharkhand 3231 325 15 J&K 5693 120 16 Karnataka 3926 905 17 Kerala 844 936 18 Lakshadweep 0 0 19 Madhya Pradesh 907 907 20 Maharashtra 273 225 21 Manipur 1 0 22 Meghalaya 0 0 23 Mizoram 0 2 24 Nagaland Nil Nil 25 Orissa 47 47 26 Puducherry 50 50 27 Punjab 3139 3139 28 Rajasthan 364 2573 29 Sikkim Nil Nil 30 Tamil Nadu 355 347 31 Telengana 826 826 32 Tripura 0 0 33 Uttarakhand 48 48 34 Uttar Pradesh 171 27 35 West Bengal 63 63 4.12 Comparative Evaluation of States Effectiveness of States in implementing BMWM Rules based Key Performance Indicators have been assessed relatively based on a 24 quantifiable score, where equal weightage is given to each performance indicator with a score of 2 is given for initiatives taken for implementation, 1 for under progress action points and Nil for non- implemented action points. Seven States not having common facilities have been excluded for relative evaluation. Higher score against a State will only indicate where the States stands despite needing more actions on ground for effective implementation of BMWM Rules. Accordingly, comparative evaluation on implementation of Rules by 28 States/UTs against a total score of 24 is give in Table below.
Indicative & Relative performance of States in implementation of Rules S. No Name of State Score (out of 24) 1 Chandigarh 21 2 Delhi 21 3 Himachal Pradesh 21 4 Puducherry 21 5 West Bengal 21 6 Bihar 20 7 Haryana 20 8 Madhya Pradesh 20 9 Punjab 20 10 Telangana 20 11 Andhra Pradesh 19 12 Jammu & Kashmir 19 13 Manipur 19 14 Tamil Nadu 19 15 Uttarakhand 19 16 Gujarat 18 17 Kerala 18 18 Odisha 18 19 Uttar Pradesh 18 20 Assam 17 21 Chhattisgarh 17 22 Maharashtra 17 23 Andaman and Nicobar 16 24 Mizoram 16 25 Rajasthan 16 26 Sikkim 16 27 Meghalaya 15 28 Lakshadweep 14 25 Note: This table indicate only the relative standing of 28 States on implementation of Rules and higher score against a State should not be taken as full implementation of Rules.
State specific information on implementation of BMWM Rules, 2016 compiled as per the status reports submitted by SPCBs/PCCs is given at Annexure III.
5. Actions taken by SPCBs/PCCs and Scope of Improvement CPCB has assessed the implementation status of 29 States based on status reports submitted SPCBs/PCCs. Assessment based on State- wise activities pertaining to implementation of BMWM Rules and scope of further improvement are given at Annexure IV.
6. Over-all observations and Recommendations
(i) It is noticed that, consequent to directions issued by Hon'ble NGT, there has been 20% increase in number of HCFs identified and 40% increase in number of HCFs brought under the process authorization under BMWM Rules, 2016. This would result in improvement in management of biomedical waste. However, there is no information on about 20% of the identified HCFs since those facilities are yet to be brought under authorization process. SPCBs/PCCs should therefore, compete the remaining task expeditiously.
(ii) It is observed that out of 3,19,907 no. of HCFs, about 75 % of them utilising services of CBWTFs, while 18,552 No. of HCFs, that is 5.8% of HCFs are having captive bio-medical waste treatment and disposal facilities. Since most of the captive facilities utilize deep burial method of disposal, the objective of the States should be to extent possible minimize disposal of biomedical waste through captive facilities and facilitate availability of CBWTFs for final disposal.
(iii) The data indicates that only 10 States/UTs namely Chhattisgarh, Haryana, Lakshadweep, Manipur, Nagaland, Puducherry, Tamil Nadu, Telangana, Uttar Pradesh and West Bengal have achieved more than 80% authorization of inventoried HCFs. The overall efficiency of authorizations in the country is far from satisfactory at 48%. Therefore, all SPCBs/PCCs should expedite the process of authorizing healthcare facilities, so that waste generated from facilities can be verified for proper collection and disposal.
(iv) The present generation of 615 MT/day of biomedical waste may look adequate at national perspective, however, at individual State's level availability of CBWTFs may vary. It is evident from the fact that despite having CBWTFs, States namely Assam, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Manipur, Meghalaya, Odisha, Puducherry, Rajasthan, Tamil Nadu and Uttarakhand still use deep burial pits for disposal of BMW as the existing CBWTFs fail to cover entire State.
26(v) Capacity utilization of CBWTFs vary among States/UTs depending on available infrastructure in a specific coverage area of 75Km, number of CBWTFs, geographical distribution in the State, population density in particular coverage area as well as connectivity of HCFs with CBWTFs. Therefore, SPCBs/PCCs should relook at the available infrastructure and facilitate new CBWTFs to cover entire population and State's geographical area so as to minimize usage of deep burial pits to the extent possible.
(vi) In States namely Assam, Jammu Kashmir, Kerala, Odisha, Pondicherry and Tamil Nadu, where the capacity utilization of existing common infrastructure has exceeded 75%, these States may examine the need for additional facilities by conducting gap analysis in each coverage area.
(vii) States namely A&N, Arunachal, Goa, Lakshadweep, Mizoram, Meghalaya, Nagaland, Sikkim and Tripura do not have common facilities for treatment & disposal of biomedical waste, should facilitate setting up of new facilities of appropriate capacities in consultation with State Governments.
(viii) Having 4 years completed since re-notification of Rules, SPCBs/PCCs may now act strictly against non-complying HCFs. They may consider imposition of ECC as per the guidelines issued by CPCB in compliance with Orders of Hon'ble NGT.
(ix) Incidents of illegal dumping of biomedical waste are reported from time to time, and such incidents were also reported during COVID19 pandemic period. CPCB has prepared separate guidelines for "Monitoring Compliance of Common Biomedical Waste Treatment Facilities by State Pollution Control Boards / Pollution Control Committees" which provide check-lists for monitoring CBWTFs specially to monitor illegal handling of biomedical waste. Said guidelines gives guidance to State Boards to verify Operational Compliance, Adequacy of Infrastructure, Reporting of data and Inspections & Monitoring. SPCBs/PCCs should periodically verify operations of CBWTFs as per said check list. A copy of the same is given at Annexure V.
(x) Compliance of CBWTF is an important factor since CBWTFs release combustion gases and handles highly infectious wastes from multiple hospitals. SPCBs should therefore consider closing down or restrict operation of non-complying CBWTFs till they time it demonstrates compliance, and mean while arrangement should be made to transport waste collected from member HCFs of such non-compliant facilities to another CBWTF nearby. SPCBs should also treat non-complying facilities as inadequate and allow new compliant facilities in same coverage area.
(xi) As per Rules, implementation of barcode system is mandatory to track movement of BMW, this system would also help in daily accounting of BMW. Despite the lapse of 3 years given for implementation of the system, only 04 States/UTs namely Bihar, Kerala, Punjab and West Bengal have adopted barcode system and 22 States/UTs are under process of adoption of the same. While there is some improvement implementing barcoding system, it is reported that HCFs are not joining the system. This indicates that SPCBs have failed to implement this provision effectively.
27(xii) There has been improvement in submission of Annual compliance status reports by SPCBs. SPCBs/PCCS shall continue the same and they may prepare State specific Annual reports and upload the same in respective websites.
(xiii) About 75% of CBWTF have installed online continuous emission monitoring system (OCEMS) and real time emission data transmitted to SPCB and CPCB servers. States namely Bihar, Chhattisgarh, Gujarat, Jharkhand, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamilnadu, Uttarakhand, Uttar Pradesh and West Bengal should ensure that all CBWTFs in their State install OCEMS systems. Odisha and Manipur should ensure installation of OCEMS in their States in time bound manner."
8to10...........................xxx..............................xxx......................xxx
11. From the above it is seen that there are huge gaps in the compliance of authorization regime. In some of the States, compliance is ranging from 17% to 38% only. We also note underutilization of the common bio- medical facilities at many places. Adequacy of facilities and their siting may need review. Such facilities must obtain requisite Environmental Clearance (EC). Recycling of waste will only be through authorized recyclers. As observed earlier, it is utmost necessary to ensure that hazardous bio-medical waste is not mixed with the general waste. CPCB needs to review the compliance status from time to time, atleast once in every quarter and issue directions based on the observations from the reports received.
12. CPCB may ensure that for strict compliance of the rules, the compensation regime is duly applied against the defaulters, following due process. Standards of handling of BMW need to be duly complied. The authorities must ensure that waste is disposed of only through authorized agencies, common facilities are located as per siting guidelines and they must have EC. There should be no pilferage by unauthorized recyclers. Adequate number of common bio-medical facilities should be set up. The Chief Secretaries of all the States/UTs may oversee compliance atleast every quarter in terms of direction of this Tribunal vide order dated 16.01.2019 in O.A. No. 606/2018 followed by further orders. The Chief Secretaries may inter-alia ensure that authorization is secured by every health care facility in their respective jurisdiction and also there is adherence to the norms. Similarly, the District Magistrates may, at their level, take necessary steps in their Districts, in accordance with the District Environmental Plans. As found by the Oversight Committee for UP, ETPs are either not provided or are not functional in various health care facilities as required under the Rules. Compliance in this regard may be ensured in all States/UTs. While permitting deep burials, it may be ensured that ground water contamination does not take place.
13.......................xxx..................................xxx...........................xxx A copy of this order be forwarded to the CPCB, State PCBs/PCCs of all the States, Chief Secretaries of all the States/UTs by e-mail for compliance."
28Directions
12. In view of above, the authorities in the State of Kerala may take further action for compliance of BMW Rules, 2016 including ensuring availability of adequate facilities, their appropriate siting, scientific recycling and disposal with all precautions, maintaining requisite standards, using only authorized agencies, preventing pilferage by unauthorized recyclers, providing mixing of BMW with general waste, monitoring compliance at every level. As already observed earlier, the issue of fire in IMAGE and further action for compliance of earlier orders of the Tribunal in the present matter be also taken. Needless to say, to the extent of subject matter of proceedings pending before Hon'ble Supreme Court, this order is subject to further order as may be passed and also subject to compliance of any interim order of the Hon'ble Supreme Court, if already operative or which may be passed. In terms of direction in para 10 above, progress and status of compliance be placed on Website of the State PCB every month for community information and participation.
The application is disposed of.
If any grievance survives, aggrieved parties are free to take further remedies in accordance with law.
A copy of this order be forwarded to the Chief Secretary, Secretaries Health and Urban Development, Kerala and KSPCB by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM 29 Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM May 06, 2022 Original Application No. 43/2017(SZ) SN 30