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was no objection during the
inspection by the Committee
regarding the
mismanagement to control
the foul smell which itself
creates serious doubts on
the allegations of the MPPCB
4. NO BOUNDRY WALL That the Construction of
IN THE NEAR BY Boundary wall of the
SURROUNDING OF CBWTF is already
CBWTF completed. The pictures of
the boundary wall is
already annexed with the
reply by the CBWTF to the
MPPCB dated 18/10/2024
5. ONLINE MONITORING That is worthy to mention
SYSTEM IS NOT that the Online System
WORRKING which has been installed in
the CBWTF is completely
automatic and self
regulated. The CBWTF in a
regular basis conduct the
inspection of the System
also a calibration certificate
is also issued by the service
engineer. Presently the
Online Working System is
working in ideal condition
6. TEMPERING IN THE That the mentioned
ONLINE EMISSION allegations of the MPPCB is
DATA completely baseless as it is
practically impossible to
manipulate the online data.
The incinerator control unit
is self-automated The
MPPCB has failed to provide
any cogent evidence to
substantiate the aforesaid
claim
7. SEPARATE METER It is pertinent to mention
FOR SCRUBBER AND that for the equipment and
INCINERATOR IS NOT machinery like incinerator.
INSTALLED Autoclave Shredder, E.T.P
separate electric meters has
already been installed The
pictures of the meters is
already annexed with the
reply by the CBWTF dated
18/10/2024
OA No. 65/2024(CZ) Rajeev Nayan Tripathi Vs State of Madhya Pradesh & Ors.
8. ILLEGAL That it is important to note
PROCUREMENT AND that Respondent No. 4 is
DISPOSAL OF WASTE exclusively involved in the
BY THE CBWTF procurement and disposal of
waste from the designated
districts, in accordance with
the Waste Guidelines 2016.
9. MIXED WASTE It is important to highlight
STORAGE WAS that the waste has already
FOUND IN EXCESS been disposed of by the
QUANTITY BY THE CBWTF. The CBWTF has
SECOND JOINT repeatedly requested that
COMMITEE hospitals to refrain from
sending mixed waste, as
they are not adhering to the
prescribed color codes for
waste segregation. Despite
these requests, hospitals
have declined to sign the
daily register and have
threatened the CBWTF with
complaints to the MPPCB,
alleging that the CBWTF is
refusing to accept their
waste Through letter dated
118/10/2024, the CBWTF
formally requested the
MPPCB to issue directives to
the hospitals to ensure they
do not send mixed waste.
8. The report submitted by the members of the committee consisting Chief Chemist, MPPCB, Bhopal, Scientist, MPPCB, Bhopal and District Magistrate, Satna was placed on record by report dated 31.07.2024 filed by the State PCB and the observations of the committee are as follows:-
i. "Committee visited the CBWTF site on 28.05.2024 and noticed that a huge quantity of Bio-medical wastes was stored indiscriminately and recklessly inside the premises in different covered sheds. This, as can be seen in the pictures constitutes serious violation of Bio-medical Wastes Management Rules. ii. This CBWTF is in operation since the year 2009. The CBWTF was issued closure order in the year 2021 vide MPPCB letter no. 1062/Tech/Bhopal, dated 12.07.2021 for violation observed under Environment (Protection) Act 1986. This closure order was revoked and the Consent to operate the facility under Water Act 1974, Air Act 1981, Authorization under Bio-medical Wastes Management Rules 2016 and the Authorization under Hazardous and Other Wastes 2016, was renewed vide Consent No. AWHB-56492 in August 2022. This renewed consent is valid till June 2027.
iii. Meanwhile, a new CBWTF M/s Chitra-Kiran waste management Pvt Ltd, Rewa was permitted in Rewa area and MPPCB allotted the Rewa, Sidhi and Singrauli district for waste collection and treatment vide order dated 15.06.2023 and restrict the unit operation in Satna and Panna area only.
iv. As per the direction of NGT in the present OA a team of MPPCB visited the unit on 29.04.2024 and observed mechanical feeding system not operational, incinerator not having efficient air pollution control system and need to replace it. Further, on 28.5.2024 another team of the MPPCB visited the unit and serious lapses were observed w.r.to BMWM Rules 2016 on the basis of above issued the show cause notice on 12.06.2024 with opportunity of hearing to PP but due to continue non-compliances in previous direction MPPCB issued OA No. 65/2024(CZ) Rajeev Nayan Tripathi Vs State of Madhya Pradesh & Ors.
vi. Since, the unit is not operating properly in compliance of the Bio-
Medical Waste Management Rules 2016, thus, State PCB is directed to make alternate arrangement and till the time the present incinerator is not replaced, the waste generated in the coverage area of the unit should be handover to an alternate nearest CBWTF as per MoU provided that receiver CBWTF having valid authorization, 2 second RT incinerator and OCEMS to treat the waste etc. OA No. 65/2024(CZ) Rajeev Nayan Tripathi Vs State of Madhya Pradesh & Ors. vii. The unit should comply with all the directions given by CPCB and MPPCB and submit time bound action plan for its future operation plan within 15 days. Till the time the unit fully compliant with Bio- Medical Waste Management Rules 2016, the closure direction issued by MPPCB under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and Section 5 of the Environment (Protection) Act, 1986 shall be effective and the incineration facility shall not operate till further directions from MPPCB. The MPPCB may intervein in the matter and explore the possibility of incineration of collected waste by the unit in nearby CBWTF for disposal in accordance to rules. viii. The unit shall maintain the electronic proof of waste collection and disposal and same will be submit to MPPCB regional office on weekly basis without fail, till the own incinerator not commissioned. Presently unit is allowed for waste collection in Satna and Panna area only and unit may strictly adhere upon it and collected waste shall be disposed in designated CBWTF as suggested by MPPCB only if unit not submitting proper electronic proof (GPS and bar coding) of waste collection and disposal than MPPCB may review the permission of waste collection also. ix. Member Secretary, State Pollution Control Board is directed to periodically monitor the progress of remedial measures taken by the CGWTF and take a decision according to rules immediately as soon as the remedial measures are taken, and to further ensure that the Bio-Medical Waste Management Rules 2016 must be strictly complied with and there should not be any violations of environmental rules.