Grievance was raised in an application against unscientific disposal of biomedical waste in Faridabad, in violation of Bio-Medical Waste Management Rules, 2016 (BMW Rules). It is stated that while 14 to 15 tons of bio-medical waste is generated daily and there are 7422 bedded hospitals, there is only one Common Bio-Medical Waste Treatment Facility. This is resulting in unscientific disposal of the waste leading to creating hazard for public health. The applicant has sent representations to the Municipal Corporation and Deputy Commissioner, Faridabad, the State PCB and the Chief Secretary but to no effect. The issue also appeared in “Dainik Jagran” newspaper.
Varun Sheokand Vs. Central Pollution Control Board & Ors. [Original Application No. 126/2021]
In Shailesh Singh v. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors. and other connected matters the NGT has directed as follows:-
“11. 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.”
Having regard to the averments in the application, to verify compliance of directions in Shailesh Singh, supra, the Tribunal directed the Chief Secretary, Haryana to furnish a status report about the compliance of BMW Rules vide order dated 15.06.2021.
As per the Status report filed by the State of Haryana- there are 11 authorized Common Bio Medical Waste Treatment Facilities (CBWTF) in the State of Haryana for treatment and disposal of bio medical waste generated by HCFs. The total incineration capacity of these CBWTFs is around 36 tonnes/day and the autoclave capacity is around 30 tonnes/day, against the waste generation of approximately 20 tonnes/day (as per annual report of 2020) in the State. All the existing CBWTFs have installed Online Continuous Emission/Effluent Monitoring Stations (OCEMS) which have been connected to the servers of Central Pollution Control Board (CPCB) and HSPCB for monitoring. All CBWTFs have made the agreement with authorized recyclers to recycle the plastic received as Bio Medical waste from the HCFs.
With respect to allegations made in OA regarding generation of Bio Medical Waste in Faridabad and treatment capacity of
Common Bio Medical Waste Treatment Facility operational in the said area, the following data received from the Haryana State Pollution Control Board The data of Bio Medical waste generated and sent to treatment facility during the last eight months i.e., from June 2021 to January 2022 has been compiled and is presented as under:-
That in the state of Haryana, the generation of BMW waste is very higher in the district Gurugram & Faridabad. Moreover, after the COVID-19 pandemic, the average daily collection of BMW is 800- 1000 kgs alone of PPE including gloves, masks etc. Due to lack of proper disposal of BMW, it poses serious threat to the people’s health and environment. The nontreated BMW leads to potential health effects like AIDS, hepatitis B & C, gastroentric infections, blood stream infection and many more.
That till date, due to inadequate facility to treat the BMW in Faridabad, the BMW is thrown in open which is resulting in spreading of infections and hazardous diseases. This is also leading to the gap in the generation of the waste and its proper disposal. The unauthorized HCF’s are also operating in violation, without obtaining any authorization from the Pollution control Board, which are also a major contributor of the BMW.
The tribunal is of the view that the objections of the applicant need to be verified and if found true further remedial action needs to be taken having regard to the acknowledged adverse impact of unscientific handling of bio-medical waste. Accordingly, the tribunal dispose of this application with a direction to the Chief Secretary, Haryana and the State PCB to take further steps for ensuring compliance of bio-medical waste rules. Objections of the applicant may be verified and remedial action ensured.
