National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Chief Secretary To Govt. Of ... on 26 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 130 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
SUO MOTU - Chennai's Sanitation workers live the
Horrors of a broken waste disposal system
...Applicant(s)
Versus
The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort, St. George,
Chennai, Tamil Nadu - 600 009 and others. ...Respondent(s)
Date of hearing: 26.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4 & R6
Mr. C. Kasirajan through
Ms. D. Ashwini for R5
Mrs. P. T. Rama Devi through
Mr. Raghul Adithya for R7 & R8
Mr. Vignesh for R9
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper reports published in digital news 1 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. It is also mentioned in the newspaper report that though certain protocols have been provided for the collection and disposal of Bio-medical waste that is generated during COVID from the patients are advised under home quarantine, they were not strictly implemented in a scientific manner.
3. This Tribunal had directed the Tamil Nadu Pollution Control Board (TNPCB) as well as Greater Chennai Corporation (GSS) to submit their respective reports regarding this aspect and the case was originally posted to 26.07.2021. Later this Tribunal had advanced the case to 02.07.2021, when we 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 2ndwave".
4. It was mentioned in the 2nd newspaper report that these medical waste is collected from the houses are being dumped on the road sides at Valasaravakkam area.
5. This Tribunal had considered that aspect and directed the Tamil Nadu Pollution Control Board (TNPCB) as well as the Greater Chennai Corporation (GCC) is to address this aspect as 2 well and submit a report along with the report to be submitted as per order dated 24.06.2021.
6. When the matter came up for hearing today through Video Conference, Dr. Shanmuganathan represented 1 to 4 & 6, Mr. C. Kasirajan through Ms. D. Ashwini represented 5th respondent, Mrs. P.T. Rama Devi through Mr. Raghul Adithya represented counsel for respondents 7 and 8 and Mr. Vignesh represented 9th respondent. Though notice was served on the 10th respondent they did not enter appearance.
7. We have received a status report submitted by the 8th respondent/the Superintending Engineer, (Solid Waste Management), Greater Chennai Corporation (GCC) dated 24.07.2021, e-filed on the same day and received today (26.07.2021) 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 3 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 Bio-
medical 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 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 4 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.
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 2 nd newspaper report referred to in the order dated 02.07.2021 published in 5 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 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 6 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 7 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.
17.For appearance of 10th respondent, submitting their independent responses and also for consideration of report as directed, post on 26.08.2021.
Sd/---
....................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O.A. No. 130/2021 26.07.2021, Sr. 8