Prepared By: Rajesh Kumar Pathak, IAS Dileep Kumar Yadav, IFS Aviroop Sinha, IFS

Reviewed and Approved By: District Environment Committee, Garhwa, Jharkhand on 24.12.2020

For Feedback or any Complain: Please write to: Member Secretary, District Environment Committee, Garhwa, Jharkhand at [email protected]/ [email protected]

Abbreviations CPCB: Central Pollution Control Board CO: Circle Officer DC: Deputy Commissioner DDC: Deputy Development Commissioner DEC: District Environment Committee DEMP: District Environment Management Plan DFO: Divisional Forest Officer DSMS: Decentralized Sewage Management System DSP: Deputy Superintendent of Police JSPCB: Jharkhand State Pollution Control Board MoEFCC: Ministry of Environment, Forest and Climate Change MS: Member Secretary, DEC NGT: National Green Tribunal RO: Regional Officer, JSPCB SP: Superintendent of Police Table of Content

Sl.No Content Description Page No. 1 Preamble 1 2 Introduction 3 3 Brief Profile of Garhwa District 7 3.1 Garhwa District at a Glance 7 4 Objectives of District Environment Plan 11 5 NGT Directions 16 5.1 Issues Requiring Actions as per the Direction of 17 Hon’ble NGT 19 5.2 Monitoring Execution of DEMP 19 5.3 Mechanism/Steps Involved in execution of DEMP 20 5.4 Actions to be taken 5.5 Immediate Actions 25 26 5.6 Support for execution of DEMP 27 5.7 State Assistance Centre The Proposed Action Plan for 7 Thematic Areas 6 6. Solid Waste Management Plan 29 6.1 Solid Waste Management Plan 29

6.2 Baseline Data for Solid Waste Management 47

6.3 Action Plan for Solid Waste Management 55

6.4 Proposed step wise Waste Management in Urban Area 58

7 Plastic Waste Management 63

7.1 Baseline Data for Plastic Waste Management 69

7.2 Action Points for Plastic Waste Management 72

8 Construction & Demolition Waste Management 75

8.1 Baseline Data for Construction & Demolition Waste 81

8.2 Action Plan for Construction & Demolition Waste 84 9 9. Biomedical Waste Management 86

9.1 Baseline Data for Bio-Medical Waste Management 96

10 Hazardous Waste Management 101

10.1 Baseline Data for Hazardous Waste Management 103

10.2 Action Plan Hazardous Waste Management 105

11 11. E-Waste Management 106

11.1 Baseline Data for E- Waste Management 109

11.2 Action Plan for E-Waste Management 111

12 12. Water Quality Management Plan 113

12.1 Baseline Data for Water Quality Management 114

12.2 Domestic Sewage Management Plan 117

12.3 Baseline Data for Domestic Sewage Management 117

12.4 Action Point for Sewage Management 119

12.5 Industrial Wastewater Management Plan 121

12.6 Baseline Data for Industrial Waste water 121 Management

12.7 Action Point for Industrial Waste Management 124

13 Air Quality Management Plan 125

13.1 Baseline Data for Air Quality Management 125

13.2 Action Plan for Air Quality Management Plan 128

14 Mining Activity Management plan 130

15 Noise Pollution Management Plan 133

16 Annexure 136

1. Preamble

Hon’ble National Green Tribunal (NGT) in it’s order in O.A. No. 710- 713/2017 dated 15.07.2019, directed as follows:

“ We find it necessary to add that in view of Constitutional provisions under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned.”

This order was re-stressed by Hon’ble NGT in O.A. No. 360/2018, order dated 26.09.2019, where Hon’ble Tribunal said,

“Compliance of this direction may also be seen by the Chief Secretaries of the States/UTs. This may not only comply with mandate of law but provide an institutional mechanism for effective monitoring of environment norms”

Accordingly; Forest, Environment and Climate Change Department, Government of Jharkhand; through notification no. 4869 dated 26.12.2019, reconstituted District Environment Committee and also gave it responsibility of drafting District Environment Plan (DEP).

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Government of India has enacted acts such as The Water (Prevention and Control of Pollution) Act, 1974 (No.6 of 1974), The Air (Prevention and Control of Pollution) Act, 1981 (No.14 of 1981) and The Environment Protection Act, 1986 (No.29 of 1986) besides other acts which have implications on environment related governance.

Ministry of Environment, Forest and Climate Change (MoEF&CC) have notified various waste management rules under the Environment Protection Act, 1986 from time to time to manage the burgeoning issue of waste and thus prevent and control environmental damage.

In this regard, newly constituted District Environment Committee of Garhwa District held various meetings and tried to gain 360-degree view of situation of environment management related practices in Garhwa district. The committee also segregated data according to model data collection format prescribed by Central Pollution Control Board (CPCB) and tried to explore opportunities of better implementation of various acts and rules inside the district.

This comprehensive document is outcome of efforts of the committee to evaluate the present scenario of environment related governance in the district at all levels be it urban or panchayat, and clearly define the present and future responsibilities of different functionaries and task forces, related to implementation of acts and rules in the district. This is also a futuristic document which lays the road map of future of environment related governance in the district.

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2. Introduction

Environment is sum total of interactions between biotic components: animals, plants, and other living organisms, and abiotic components: water, air, soil, sunlight etc. Many day to day activities as well as economic activities have fallout of disturbing the environment around us. As, these activities are unavoidable, the need of the time is to manage the waste and pollutants in such a way that it affects our environment minimally.

In the process of development, the issues confronting today are achieving desired development for economic or social reasons on one hand and safeguarding the environment and maintaining good quality of life on the other. While taking up developmental activities, the assimilative capacities of the environmental components i.e. air; water and land to various types of pollution are rarely considered. Also, lack of proper land use control is resulting in poor land use compatibility. The developmental activities being haphazard and un-controlled are leading to overuse, congestion, incompatible land use and poor living conditions. The problems of environmental pollution are becoming complex and are creating high risk environment.

 Conventionally, the environmental pollution problems are solved by introducing environmental management techniques such as control of pollution at source, providing of sewage treatment facilities etc. However, environmental risks are not being controlled completely by such solutions.

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 The environmental aspects are to be induced into each of the developmental activities at the planning stage itself and are to be well co-ordinate and balanced.

 Presently, the environmental aspects are not usually considered while preparing master plans or regional plans and the process is skewed towards developmental needs. For all developmental activities, a crucial input is land and depending on the activity a specific land use is decided. The environmentally related land use such as trade and industry, housing construction, mining etc. is likely to have some impact on the environment. These land uses need proper planning and integration as some of the activities have interdependencies such as industry with transport, housing etc.

 Affordable, scalable solutions are now available to enable countries to leapfrog to cleaner, more resilient economies. The pace of change is quickening as more people are turning to renewable energy and a range of other measures that will reduce emissions and increase adaptation efforts. Climate change, however, is a global challenge that does not respect national borders. It is an issue that requires solutions that need to be coordinated at the international level to help developing countries move toward a low carbon economy.

 To strengthen the global response to the threat of climate change, countries adopted the Paris Agreement at the

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COP21 in Paris, which went into force in November of 2016. In the agreement, all countries agreed to work to limit global temperature rise to well below 2 degrees centigrade. In this light the decentralized Climate Change Mitigation and Adaptation planning is required. Conservation of Bio-diversity and wetlands are an integral part of environment planning. The rationale for the biological diversity planning is basically it underpins ecosystem functioning and the provision of ecosystem services essential for human well-being.

 It provides for food security, human health, the provision of clean air and water; it contributes to local livelihoods, and economic development, and is essential for the achievement of the Millennium Development Goals, including poverty reduction.

 Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainability defines the models necessary to ensure the survival of the human race and planet Earth. This includes ways to slow or reverse pollution, conserve natural resources and protect our environment. The principle of 7R is essential strategy for achieving the sustainability. It reduces the load and over exploitation on the natural resources and is a key for resource efficiency.

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7R strategy for achieving the sustainability

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3. BRIEF PROFILE OF GARHWA DISTRICT

3.1 Gahrwa District at a Glance

Garhwa district lies between 23°33’ and 24° 31’ north latitude and 83° 20’ and 84° 00’ east longitude. It is bordered by the Son River on the north, Palamau district of Jharkhand state on the east, Balrampur district of Chhattisgarh state on the south, and Sonbhadra district of Uttar Pradesh on the west. Garhwa district comprises three subdivisions: Garhwa, Shree Banshidhar Nagar and Ranka which are further divided into 20 blocks. At the time of creation, this district comprised only eight blocks: Bhandaria, Bhawanathpur, Dhuraki, Garhwa, Manjhiaon, Meral, Nagar Untari and Ranka. Later, twelve more blocks were created by reorganizing the existing blocks. These are: Chiniya, Dandai, Kandi, Kharaundhi, Ramkanda, Ramuna, Sagma, Bardiha, Danda, Bishunpura and Ketar. This district comprises 156 gram panchayat and 916 villages. It has three police sub-divisions: Garhwa, Shree Banshidhar Nagar and Ranka with 18 police stations in Bhandaria, Ramkanda, Chinia, Dandai, Danda, Kandi, Bardiha, Ketar, Kharaundhi, Bhawnathpur, Dhurki, Ramna, Bishunpura, Garhwa, Majhiyaon, Meral, Shree Banshidhar Nagar and Ranka. The district consists mostly forests and has only one city, Garhwa, which is also the district headquarters.

Particulars Details Area (in Sq Km) 4044 Sq Km Height from sea level 1180 ft Temperature Winter(Min 13.0 Max 28.5) and

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Summer(Min 35.0 Max 47.2) Climate Summer(May-jun),Winter(Dec- Feb),Rainy(Jul-Aug) Seasons Main tribes Oraon,Chero,Korwa and parahiya Main minerals Dolamite Lime Stone,Coal,Graphite,China Clay and Granite Main crop Paddy,Maize,Wheat and Pulses Irrigated Land 1,35,730 hect Forest Land 1,07,016 hect Population (as per 2011 1035464 Census) Rural Population (as per 992825 2011 Census) Urban Population (as per 42639 2011 Census)

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4. OBJECTIVES of DEMP

The Objectives of District Environment Management Plan (DEMP) are given below:

i. To ensure conservation of environment and natural resources at

district level.

ii. Restore ecological balance.

iii. To achieve the Sustainable Development Goals and district level

targets within the prescribed timeline.

iv. To ensure sustainability at district level following the principles of

resource efficiency.

v. To ensure decentralized micro level planning, execution and monitoring regarding environment conservation. vi. To incorporate all facets of environmental conservation in micro level planning. vii. To harness active participation of all stakeholders in planned environment conservation actions. viii. Assess, Mitigate and monitor adverse impacts of various pollution sources at district level. ix. Capacity building of stakeholder, department, agencies, organizations and individuals at district level to understand and implement micro level environmental conservation actions. x. To harness inter-departmental coordination for implementation of action plans. xi. To develop local knowledge centers and expertise for developing environmental conservation strategies at district level. xii. To develop and implement micro monitoring system at district level.

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A unique composite plan is needed for every WHY District to cover all issues related to micro level environment management.

DEMP deals with environmental conservation planning, pollution mitigation, management of WHAT wastes, conservation of natural resources including wetlands and ground water and necessary measures for ecological balance with the Principles of Sustainable Development.

To restore the ecological balance of all the PURPOSE cities/ districts through smart planning for waste minimization, control of different types of pollution and intense drive for tree plantation.

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Sustainable Development Goals 2030

The Sustainable Development Goals (SDGs) or Global Goals are a collection of 17 interlinked goals designed to be a "blueprint to achieve a better and more sustainable future for all". The SDGs were set in 2015 by the United Nations General Assembly and are intended to be achieved by the year 2030. They are included in a UN Resolution called the 2030 Agenda or what is colloquially known as Agenda 2030. There are 17 individual Sustainable Development Goals and 167 Targets.

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Sustainable Development Objective Goals Goal-1: No Poverty End poverty in all its forms everywhere.

Goal 2: Zero hunger End hunger, achieve food security and

improved nutrition, and promote sustainable agriculture.

Goal 3: Good health and Ensure healthy lives and promote well-being well-being for all at all ages.

Goal 4: Quality education Ensure inclusive and equitable quality

education and promote lifelong learning opportunities for all.

Goal 5: Gender equality Achieve gender equality and empower all

women and girls.

Goal 6: Clean water and Ensure availability and sustainable sanitation management of water and sanitation for all.

Goal 7: Affordable and Ensure access to affordable, reliable, clean energy sustainable and modern energy for all.

Goal 8: Decent work and Promote sustained, inclusive and sustainable economic growth economic growth, full and productive employment and decent work for all.

Goal 9: Industry, Build resilient infrastructure, promote Innovation, and inclusive and sustainable industrialization, and Infrastructure foster innovation.

Goal 10: Reducing Reduce income inequality within and among inequalities countries.

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Goal 11: Sustainable cities Make cities and human settlements inclusive, and communities safe, resilient, and sustainable.

Goal 12: Responsible Ensure sustainable consumption and consumption and production patterns. production

Goal 13: Climate action Take urgent action to combat climate

change and its impacts by regulating emissions and promoting developments in renewable energy.

Goal 14: Life below water Conserve and sustainably use the oceans, seas

and marine resources for sustainable development.

Goal 15: Life on land Protect, restore and promote sustainable use of

terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.

Goal 16: Peace, justice and Promote peaceful and inclusive societies for strong institutions sustainable development, provide access to

justice for all and build effective, accountable and inclusive institutions at all levels.

Goal 17: Partnership for Strengthen the means of implementation and the goals revitalize the global partnership for sustainable

development.

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5. NGT Directions

1. Hon’ble NGT in last one year has issued several directions in various matters which have been based on status brought out by the CPCB on

their website and status reports filed before the Tribunal.

2. The directions issued by the Tribunal which are to be executed on pan-India basis. 3. Hon’ble National Green Tribunal (NGT) has ordered Pan-India Directions on various issues relating to environment management and these are to be executed by the Central and State Governments and concerned institutions. Further, the Directions are required to be executed at District Level covering all cities, towns and villages. The role and responsibilities of enforcement are with District Collectors/Magistrates, Pollution Control Boards, Municipal Bodies, Public Health Engineering Departments and others.

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5.1 Issues Requiring Actions as per the Direction of Hon’ble NGT

The issues that required to act by the concerned authority are listed below:

1. Waste Management

a. Municipal Solid Waste (MSW) including remediation of legacy waste dumpsites.

b. Plastic waste management.

c. Bio-medical waste management.

d. Construction and demolition waste management.

e. Hazardous Waste Management.

f. E-waste Management.

2. Restoration of polluted river stretches.

3. Maintaining ambient air quality.

4. Industries to comply with Water (Prevention and Control of Pollution) Act, 1974 ensuring proper functioning of common effluent treatment plants (CETPs). Environment Compensation (EC) on “Polluter Pays” Principle is required to be imposed to utilize for restoration of environment.

5. Ensure cities, towns and villages provide proper sewage management facilities in a time-bound manner or else will be

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liable to pay EC in case of default and further required to ensure utilization of treated sewage for non potable purpose.

6. Regulation of sand mining to check illegal sand mining and recover compensation. Proper restoration of exhausted mining sites as per Environment/Reclamation Plan, whichever is applicable.

7. For conservation and protection of water sources, undertake Rejuvenation of water bodies, conserving ground water and promote rain water harvesting.

8. Setting up of monitoring mechanism by SPCB/CPCB on;

a. Hazardous Waste Management/un-authorized disposal,etc;

b. E-waste Management particularly prohibiting unauthorized dismantling/reprocessing of E-waste etc.

9. Performance audit of State Pollution Control Boards/Committees and issues relating to their functioning including filing up of vacant positions and recognition of laboratories.

10. Prevention of Coastal Pollution.

11. Disposal of carcasses.

12. Environmental Management at Railway siding locations.

13. Environmental Management in Dairies.

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5.2 Monitoring Execution of DEMP

Hon’ble Tribunal has directed District Magistrates (in Order dated 15.07.2019 in O.A No. 713/2017) to monitor the progress of execution of the mentioned issues on monthly basis and provide feedback to the Chief Secretary on monthly basis. It was also directed to set up Special Task Forces represented by Legal Services Authority and other Departments to be involved in monitoring.

5.3 Mechanism/Steps Involved in execution of DEMP

On each issue, concerned Departments are required to consolidate information on actions taken so far and actions required to be taken to meet them as per timelines in accordance with the orders of the Tribunal.

a. DM/SPCB may get the consolidated and place on the website of District as DMP and regularly uploading progress of actions taken on monthly basis.

b. Proceedings of monthly interaction of DM with CS may also be placed on the website.

c. Involve District Publicity/Media Department, Education, Health and Government/Non-Government Institutions to take up awareness programmers at appropriate level on day-to-day basis.

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d. Associate Technical/Scientific Institutions or individual Experts on need-basis for consultation.

5.4 Actions to be taken

The Tribunal has issued detailed directions on each issue for enforcement which are to be executed in accordance with the Acts/Rules. However, for ensuring visible impactful changes and taking immediate actions on certain issues, following actions are suggested below:

1. Solid Waste Management

a. Actions-on model city/town/villages to be taken on priority.

b. Strengthen waste collection, storage and transportation system. Set up surveillance squads/Task Forces at Ward/Circle level. Attend vulnerable sites/locations and clean them.

c. Special attention on slums and settlements near Railway tracks to maintain hygienic conditions.

d. Install bio-mining activities for clearing legacy waste dump- sites.

e. Prohibiting burning of garbage.

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2. Plastic Waste

Government of Jharkhand has imposed complete ban on manufacture, import, collection, transportation, use & sale of plastic carry bags vide notification no. 3900, dated 15.09.2017.

3. Bio-medical Waste

a. Hospitals, Clinics and individual practitioners may be served with notices to prohibit disposal of bio-medical waste in the community dustbins. In case of noncompliance, EC may be imposed on them.

b. Cities, towns and villages may tie-up individually or collectively to transport biomedical waste to the common treatment plants.

4. Construction and Demolition Waste

a. Public notices may be issued that construction and demolition waste should only be disposed at pre- identified/notified sites.

b. Set up construction and demolition waste processing facilities.

5. Restoration of Polluted River Stretches

a. A river whether seasonal or perennial, should not be misused for disposal of sewage, garbage or any other waste into it.

b. Identify the specifically drains discharging sewage/industrial effluents into the river and intercept

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them through poundage and divert to the sewage treatment plant.

c. The identified drains till STP are setup, intermediate/interim low cost remediation steps such as ponding, bio-remediation may be taken up for reducing pollution load.

d. Public awareness and awareness at the level of schools and colleges may be taken up.

e. Encroachment on the banks is regulated.

f. Capacity building of the ULBs/PRIs residing near state bodies.

g. Citizen’s participation in checking quality should be done.

6. Maintaining air quality in Cities, Towns, and Villages

a. SPCB may undertake snapshot monitoring of ambient air quality in a phased manner.

b. Surveillance squads/task forces may be set up at Ward and Circle level to prohibit burning of garbage and other waste.

c. Open parks, dilapidated roads and other sources of dust pollution should be identified and actions be taken to prevent the suspension of dust from such sources.

7. Industrial Pollution Control

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a. State Pollution Control Board should post the information (district wise on its website) indicating industries projects granted with consents ameliorative steps and their compliance status.

b. Industries discharging waste water and not having effluent treatment plant are closed down as per Water and Air Act till compliance is achieved.

c. Public access for informing that if any industry is discharging unauthorized liquid effluent or gaseous emissions, may be provided on the website of SPCB and such complaints be acted expeditiously.

8. Sewage Treatment and Utilization

a. Every ULBs and village should have time-bound plan to set up sewage/Septage management facility.

b. Intermediate remedial methods may be employed till sewage drains are intercepted and diverted to STP.

c. Treated sewage may be utilized for sprinkling on dust emitting sources for gardening and other non-potable purposes.

9. Regulation of Sand Mining

a. Special Task Forces may be deployed for patrolling sand mining areas, sand mining/stone quarrying to check illegal mining/quarrying.

b. Closed mining’s rehabilitation & restoration plans.

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10. Rejuvenation of water bodies/rain water harvesting and ground water conservation

Ponds/water bodies may be identified at each city, town and village level and cleaned and not allowing sewage and solid waste disposal in such ponds.

a. Concerned Department to ensure ground water quality testing particularly shallow hand pumps, and deep bore wells to check fitness for consumption.

b. Public notices may be issued for installation of bore wells without permission.

c. Government and non-government buildings should install rain water harvesting systems in a time-bound manner.

11. Hazardous and Other Waste Management

a. Illegal transportation of hazardous and E-waste shall be monitored.

b. Unauthorized processing of hazardous and e-waste must be checked.

12. E-Waste

a. Setting up of collection centers for e-waste.

b. Setting up of dismantling and recycling plants either at State level or District level.

13. Functioning of SPCBs/PCCs

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a. The laboratories established by the SPCB at headquarters as well as regional centers, are duly recognized for purposes of enforcement of environmental laws. The concerned authorities may take steps.

14. Disposal of Carcasses

For disposal of carcasses, carcass utilization plan may be set up at the city/district level.

15. Dairies

Inventorisation of dairies and ensure compliance with the environmental norms.

5.5 Immediate Actions

On urgent basis, to bring visible impactful changes in public, following actions may be considered;

a. Work expeditiously to focus cleanliness with enforcement of waste management rules including thrust on air and water quality management in three model villages, and one ULB.

b. In cities and towns identify garbage littered areas/localities and clean them and publicize them.

c. Focus on slums and settlement located along railway tracks and either rehabilitate them/ or provide proper living conditions.

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d. Set up at least one plastic waste, bio-medical waste and construction and demolition waste processing centre in one or two towns. e. Clear encroachment from, river banks/lake /pond and beautify them. May take one or two as models. f. Vigilance and stop burning of waste and cover dusty areas/activities. g. Immediately sensitize schools, colleges and other voluntary organizations for creating awareness. h. Capacity building of staff of ULBs/PRIs.

5.6 Support for execution of DEMP a. SPCBs/PCCs may provide district wise EC funds to be utilized for vigilance and other purposes including engagement of experts for short term/volunteers/institutions, etc. b. A Supporting monitoring squads may be attached with DM’s /Member Secretary of DEC office for receiving feed-back of Departments and undertaking surprise checks. c. Organizing District Level awareness and workshops through District Legal Services Authority.

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5.7 State Assistance Centre a. State Government may set up State Assistance Centre (SAC) to provide technical and related support to each district. b. Assistant may be provided to that tenders, service contracts and other necessary procurements can be expeditiously done.

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The proposed Action Plan for 7 thematic areas

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6. Solid Waste Management Plan

6.1 Solid Waste Management Plan (for ULBs) is governed by Solid Waste Management Rules, 2016. Important provisions of Solid Waste Management Rules, 2016 are mentioned herein below:-

Applicability of the Rule:

These rules shall apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from time to time and to every domestic, institutional, commercial and any other non residential solid waste generator situated in the areas.

Important definitions in SWM Rules

“buffer zone” means zone of no development to be maintained around solid waste processing and disposal facility, exceeding 5 TPD (Tonne Per Day) of installed capacity. This will be maintained within total and area allotted for the solid waste processing and disposal facility.

“bulk waste generator” means and includes buildings occupied by the Central government departments or undertakings, State

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government departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100kg per day;

“extended producer responsibility” (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products;

"local body” for the purpose of these rules means and includes the municipal corporation, nagar nigam, municipal council, nagarpalika, nagar Palikaparishad, municipal board, nagar panchayat and town panchayat, census towns, notified areas and notified industrial townships with whatever name they are called in different States and union territories in India;

"solid waste" means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2;

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Important Provisions

A. Duties of waste generators.-

(1) Every waste generator shall,-

(a) segregate and store the waste generated by them in three separate streams namely bio-degradable, non biodegradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers or waste collectors as per the direction or notification by the local authorities from time to time;

(b) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non- bio-degradable waste;

(c) store separately construction and demolition waste, as and when generated, in his own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and

(d) store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time.

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(2) No waste generator shall throw, burn or burry the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies.

(3) All waste generators shall pay such user fee for solid waste management, as specified in the bye-laws of the local bodies.

(4) No person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body.

(5) Every street vendor shall keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits, etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by the local body.

(6) All resident welfare and market associations shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio- degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible.

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The residual waste shall be given to the waste collectors or agency as directed by the local body.

(7) All gated communities and institutions with more than 5,000 sqm area shall, within one year from the date of notification of these rules and in partnership with the local body, ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorizsd recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.

(8) All hotels and restaurants shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.

B. Duties of District Magistrate or District Collector or

Deputy Commissioner.- The District Magistrate or District Collector or as the case may be , the Deputy Commissioner shall, -

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(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;

(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-in-charge of the State Urban Development.

C. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations.- The local authorities and Panchayats shall,-

(a) prepare a solid waste management plan as per state policy and strategy on solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency authorised by the State Government or Union territory Administration;

(b) arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes,

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etc., this may be collected from the entry gate or any other designated location;

(c) establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste;

(d) facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste;

(e) frame bye-laws incorporating the provisions of these rules within one year from the date of notification of these rules and ensure timely implementation;

(f) prescribe from time to time user fee as deemed appropriate and collect the fee from the waste generators on its own or through authorised agency;

(g) direct waste generators not to litter i.e throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or burry waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised the waste pickers or waste collectors authorised by the local body;

(h) setup material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable materials to enable informal

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or authorised waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities; Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black;

(i) establish waste deposition centres for domestic hazardous waste and give direction for waste generators to deposit domestic hazardous wastes at this centre for its safe disposal. Such facility shall be established in a city or town in a manner that one centre is set up for the area of twenty square kilometers or part thereof and notify the timings of receiving domestic hazardous waste at such centres;

(j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;

(k) direct street sweepers not to burn tree leaves collected from street sweeping and store them separately and handover to the waste collectors or agency authorised by local body;

(l) provide training on solid waste management to waste-pickers and waste collectors;

(m) collect waste from vegetable, fruit, flower, meat, poultry and fish market on day to day basis and promote setting up of decentralised

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compost plant or bio-methanation plant at suitable locations in the markets or in the vicinity of markets ensuring hygienic conditions;

(n) collect separately waste from sweeping of streets, lanes and by- lanes daily, or on alternate days or twice a week depending on the density of population, commercial activity and local situation;

(o) set up covered secondary storage facility for temporary storage of street sweepings and silt removed from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected shall be collected and disposed of at regular intervals as decided by the local body;

(p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;

(q) transport segregated bio-degradable waste to the processing facilities like compost plant, bio-methanation plant or any such facility. Preference shall be given for on site processing of such waste;

(r) transport non-bio-degradable waste to the respective processing facility or material recovery facilities or secondary storage facility;

(s) transport construction and demolition waste as per the provisions of the Construction and Demolition Waste management Rules, 2016;

(t) involve communities in waste management and promotion of home composting, bio-gas generation, decentralised processing of waste at community level subject to control of odour and maintenance of hygienic conditions around the facility;

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(u) phase out the use of chemical fertilizer in two years and use compost in all parks, gardens maintained by the local body and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector.

(v) facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or with private sector participation or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board. Preference shall be given to decentralised processing to minimize transportation cost and environmental impacts such as

a)bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio- stabilisation of biodegradable wastes;

b)waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns;

(w) undertake on their own or through any other agency construction, operation and maintenance of sanitary landfill and associated infrastructure as per Schedule 1 for disposal of residual wastes in a manner prescribed under these rules;

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(x) make adequate provision of funds for capital investments as well as operation and maintenance of solid waste management services in the annual budget ensuring that funds for discretionary functions of the local body have been allocated only after meeting the requirement of necessary funds for solid waste management and other obligatory functions of the local body as per these rules;

(y) make an application in Form-I for grant of authorisation for setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution Control Committee, as the case may be;

(z) submit application for renewal of authorisation at least sixty days before the expiry of the validity of authorisation;

(za) prepare and submit annual report in Form IV on or before the 30th April of the succeeding year to the Commissioner or Director, Municipal Administration or designated Officer;

(zb) the annual report shall then be sent to the Secretary -in-Charge of the State Urban Development Department or village panchayat or rural development department and to the respective State Pollution Control Board or Pollution Control Committee by the 31st May of every year;

(zc) educate workers including contract workers and supervisors for door to door collection of segregated waste and transporting the unmixed waste during primary and secondary transportation to processing or disposal facility;

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(zd) ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce;

(ze) ensure that provisions for setting up of centers for collection, segregation and storage of segregated wastes, are incorporated in building plan while granting approval of building plan of a group housing society or market complex; and

(zf) frame bye-laws and prescribe criteria for levying of spot fine for persons who litters or fails to comply with the provisions of these rules and delegate powers to officers or local bodies to levy spot fines as per the bye laws framed; and

(zg) create public awareness through information, education and communication campaign and educate the waste generators on the following; namely:-

(i) not to litter; (ii) minimise generation of waste; (iii) reuse the waste to the extent possible; (iv) practice segregation of waste into bio–degradable, non- biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source; (v) practice home composting, vermi-composting, bio-gas generation or community level composting; (vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable

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wrapping as prescribed by the local body and place the same in the bin meant for nonbiodegradable waste; (vii) storage of segregated waste at source in different bins; (viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorised by the local body for sustainability of solid waste management.

(zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting up and operationalisation of sanitary landfill is over;

(zi) allow only the non-usable, non-recyclable, non-biodegradable, non-combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule–I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;

(zj) investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of biomining and bio- remediation and wheresoever feasible, take necessary actions to bio- mine or bio-remediate the sites;

(zk) in absence of the potential of bio-mining and bio-remediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment.

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D. Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers.-

(1) All manufacturers of disposable products such as tin, glass, plastics packaging, etc., or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for establishment of waste management system.

(2) All such brand owners who sell or market their products in such packaging material which are nonbiodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(3) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(4) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products.

E. Criteria for waste to energy process.- (1) Non recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilised for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel.

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(2) High calorific wastes shall be used for co-processing in cement or thermal power plants.

(3) The local body or an operator of facility or an agency designated by them proposing to set up waste to energy plant of more than five tones per day processing capacity shall submit an application in Form-I to the State Pollution Control Board or Pollution Control Committee, as the case may be, for authorisation.

(4) The State Pollution Control Board or Pollution Control Committee, on receiving such application for setting up waste to energy facility, shall examine the same and grant permission within sixty days.

F. Criteria for site selection.-

(i) The department in the business allocation of land assignment shall provide suitable site for setting up of the solid waste processing and treatment facilities and notify such sites. (ii) The sanitary landfill site shall be planned, designed and developed with proper documentation of construction plan as well as a closure plan in a phased manner. In case a new landfill facility is being established adjoining an existing landfill site, the closure plan of existing landfill should form a part of the proposal of such new landfill. (iii) The landfill sites shall be selected to make use of nearby wastes processing facilities. Otherwise, wastes processing facility shall be planned as an integral part of the landfill site.

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(iv) Landfill sites shall be set up as per the guidelines of the Ministry of Urban Development, Government of India and Central Pollution Control Board. (v) The existing landfill sites which are in use for more than five years shall be improved in accordance with the specifications given in this Schedule. (vi) The landfill site shall be large enough to last for at least 20-25 years and shall develop ‘landfill cells’ in a phased manner to avoid water logging and misuse. (vii) The landfill site shall be 100 meter away from river, 200 meter from a pond, 200 meter from Highways, Habitations, Public Parks and water supply wells and 20 km away from Airports or Airbase. However in a special case, landfill site may be set up within a distance of 10 and 20 km away from the Airport/Airbase after obtaining no objection certificate from the civil aviation authority/ Air force as the case may be. The Landfill site shall not be permitted within the flood plains as recorded for the last 100 years, zone of coastal regulation, wetland, Critical habitat areas, sensitive eco-fragile areas. (viii) The sites for landfill and processing and disposal of solid waste shall be incorporated in the Town Planning Department’s land-use plans. (ix) A buffer zone of no development shall be maintained around solid waste processing and disposal facility, exceeding five Tonnes per day of installed capacity. This will be maintained within the total area of the solid waste processing and disposal facility. The buffer zone shall be prescribed on case to

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case basis by the local body in consultation with concerned State Pollution Control Board. (x) The biomedical waste shall be disposed of in accordance with the Bio-medical Waste Management Rules, 2016, as amended from time to time. The hazardous waste shall be managed in accordance with the Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016, as amended from time to time. The E-waste shall be managed in accordance with the e-Waste (Management) Rules, 2016 as amended from time to time. (xi) Temporary storage facility for solid waste shall be established in each landfill site to accommodate the waste in case of non- operation of waste processing and during emergency or natural calamities.

G. Criteria for development of facilities at the sanitary landfills.- (i) Landfill site shall be fenced or hedged and provided with proper gate to monitor incoming vehicles, to prevent entry of unauthorised persons and stray animals.

(ii) The approach and / internal roads shall be concreted or paved so as to avoid generation of dust particles due to vehicular movement and shall be so designed to ensure free movement of vehicles and other machinery.

(iii) The landfill site shall have waste inspection facility to monitor waste brought in for landfilling h, office facility for record keeping and shelter for keeping equipment and machinery including pollution

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monitoring equipment. The operator of the facility shall maintain record of waste received, processed and disposed.

(iv) Provisions like weigh bridge to measure quantity of waste brought at landfill site, fire protection equipment and other facilities as may be required shall be provided.

(v) Utilities such as drinking water and sanitary facilities (preferably washing/bathing facilities for workers) and lighting arrangements for easy landfill operations during night hours shall be provided.

(vi) Safety provisions including health inspections of workers at landfill sites shall be carried out made.

(vii) Provisions for parking, cleaning, washing of transport vehicles carrying solid waste shall be provided. The wastewater so generated shall be treated to meet the prescribed standards.

H. Criteria for specifications for land filling operations and closure on completion of land filling.-

(i) Waste for land filling shall be compacted in thin layers using heavy compactors to achieve high density of the waste. In high rainfall areas where heavy compactors cannot be used, alternative measures shall be adopted. (ii) Till the time waste processing facilities for composting or recycling or energy recovery are set up, the waste shall be sent to the sanitary landfill. The landfill cell shall be covered at the end of each working day with minimum 10 cm of soil, inert debris or construction material.

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(iii) Prior to the commencement of monsoon season, an intermediate cover of 40-65 cm thickness of soil shall be placed on the landfill with proper compaction and grading to prevent infiltration during monsoon. Proper drainage shall be constructed to divert run-off away from the active cell of the landfill. (iv) After completion of landfill, a final cover shall be designed to minimise infiltration and erosion. The final cover shall meet the following specifications, namely :--

a) The final cover shall have a barrier soil layer comprising of 60 cm of clay or amended soil with permeability coefficient less than 1 x 10-7 cm/sec.

b) On top of the barrier soil layer, there shall be a drainage layer of 15 cm.

c) On top of the drainage layer, there shall be a vegetative layer of 45 cm to support natural plant growth and to minimise erosion.

6.2 Baseline Data for Solid Waste Management

Data Provided Units of by the Details of Data Sl.No. Action Areas Measurable Garhwa Requirement Outcome Nagar Parishad Name of Urban [name of Garhwa

Local Body ULB] Nagar

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(ULB) Parishad No of ULBs in 3 [Nos] the District [Nos as per 46059 Population 2011 census] Report on inventory of SW1 total solid waste Generation [in MT/Day] 22 TPD Total solid waste SW1a or [Not Generation estimated] [in MT/Day] 4.8TPD Qty. of Dry Waste SW1b or [Collection segregated Not initiated] [in MT/Day] 7.2 TPD Qty. of Wet SW1c or [Collection Waste segregated Not initiated] [in MT/Day] Not Estimated Qty. of C&D SW1d or [Collection Waste segregated Not initiated] [in MT/Day] Not Estimated Qty. of Street SW1e or [Not Sweeping estimated] SW1f Qty. of Drain Silt [in MT/Day] Not Estimated

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or [Not estimated] Qty. of Domestic Not Estimated [in MT/Day] Hazardous SW1g or [No Waste(DHW) Facility] collected Qty. of Other Not Estimated Waste [in MT/Day] SW1h (Horticulture, or [Qty not sanitary waste, estimated] etc.) No of Old dump [Nos] or 1 SW1i sites [None] Qty stored in [MT] or [Not 236 MT SW1j dumpsites estimated] No of Sanitary [Nos] or 0 SW1k landfills [None] SW1l No of wards [nos] 21 Compliance by SW2 Bulk Waste Generators [numbers] or 1 No of BW SW2a [inventory Generators not done] No of on-site [numbers] or 1 SW2b facilities for Wet [No data]

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Waste Compliance in segregated SW3 waste Collection SW Collection [Automatic] 22 TPD SW3a Total generation from SW1a [in MT/Day] 13.2 TPD SW3b Wet Waste or [Collection Not initiated] [in MT/Day] 6.8 TPD SW3c Dry Waste or [Collection Not initiated] [in MT/Day] 0.52 TPD SW3d C&D Waste or [Collection Not initiated] Waste SW4 Management Operations [100%] / 52 % Door to Door SW4a [partial %] / Collection [not initiated] [100%] / 0 Mechanical Road SW4b [partial%] / Sweeping [not initiated]

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[100%] / 100 % SW4c Manual Sweeping [partial%] [100%] / Not initiated Segregated Waste SW4d [partial %] / Transport [not initiated] Digesters (Bio- [% of WW] / Not initiated SW4e methanation) [not initiated] Composting [% of WW] / Not initiated SW4f operation [not initiated] [MRF used] / Not initiated SW4g MRF Operation [not installed] [% of SW Use of Saniatry SW4h collected] / Landfill [no SLF] Reclamation of [initiated] / Not initiated SW4i old dumpsites [not initiated] Linkage with Not initiated Waste to Energy [initiated] / SW4j Boilers / Cement [not initiated] Plants Linkage with [initiated] / Not initiated SW4k Recyclers [not initiated] Authorization of [initiated] / Not initiated SW4l waste pickers [not initiated] SW4m Linkage with [initiated] / Not initiated

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TSDF / CBMWTF [not initiated] Involvement of [initiated] / Not initiated SW4n NGOs [not initiated] Linkage with Not initiated [initiated] / SW4o Producers / [not initiated] Brand Owners Authorisation of Not initiated SW4p Waste Pickers Issuance of ID [initiated] / Not initiated SW4q Cards [not initiated] Adequacy of of SW5 Infrastructure [Nos. Waste Collection Required] / SW5a Trolleys [Nos. Available] [Nos. 0 Mini Collection Required] / SW5b Trucks [Nos. Available] [yes] / [no] / 4 Segregated SW5c [% area Transport covered] [Nos. 4 Bulk Waste SW5d Required] / Trucks [Nos.

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Available] [Nos. 0 Required] / Waste Transfer [Nos. SW5e points Available] /[Not available] [Nos. 0 Bio-methanation Required] / SW5f units [Nos. Available] [Nos. 0 Composting Required] / SW5h units [Nos. Available] [used or 0 Material installed] / SW5i Recovery [not Facilities available] [Required] / 0 Waste to Energy SW5k [Nos. (if applicable) Available] [Required] / 0 SW5l Waste to RDF [Nos. Available] SW5m Sanitary Land [Nos] / [Nos. 0

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fills Available] [MT] / / 0 Capacity of SW5n [Nos. sanitary landfills Available] Waste Deposit [Nos] / [Nos. SW5o Centers (DHW) Available] [give or select SW5p Other facilities from list] Notification and SW6 Implementation of By-Laws [done] / [in In progress Notification of SW6a progress] / By-laws [not initiated] [done] / [in In progress Implementation SW6b progress] / of by-laws [not initiated] Adequacy of SW7 Financial Status of ULB [INR] / [Not SW7a CAPEX Required required] [INR per SW7b OPEX Year] / [% of requirement]

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Adequacy of SW7c [Yes] / [No] OPEX

6.3 Action Plan for Solid Waste Management

S.No. Action Points Timelines Department/Agencies

1. Door to Door collection Regular Nagar Nigam/ of municipal solid waste activity Development Authorities as per MSW Rules-2016 Segregation at source of solid waste

2 Collection, Segregation, Regular Nagar Parishad/ Development Transport and Disposal activity Authorities/Industries of Solid Waste in city

3 Segregation at source of Regular Nagar Parishad / Development solid waste activity Authorities/Industries Department/Waste Generator

4 Plantation of area Regular Department of Industries/ Nagar specific types of plants activity Parishad to mitigate pollution Regular cleaning of drains and disposal of sludge In house disposal of MSW in industrial

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areas as per MSW Rules- 2016

5 Development of new Immediate ULBs MSW facility Establishment of Bio- compost RDF and waste to energy plant

6 Development of leachate Immediate ULBs collection and treatment centre at Municipal Solid Waste treatment facility Development of Buffer Zones to control odour

7 Preventing solid waste Immediate ULBs entering into water bodies – installation of bar mesh in Nallahs & Drains

8 GPS enabled vehicles for Nagar Parishad waste transportation & user friendly mobile app (Preferably in cities with population above 5 lacs)

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9 Litter bins & waste Immediate ULBs storage bins

10 Redressal of complaints Regular ULBs activity

11 Actions against Immediate ULBs defaulters of Solid Waste Management Rules- 2016

12 Information, Education Regular ULBs/ JHPCB and Communicat6ion activity (IEC) activities for source segregation

13 Authorization of solid Immediate ULBs/ JHPCB waste processing facilities from JHPCB

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6.4 Proposed step wise Waste Management in Urban Area

Step 1: 4 Tier Waste Segregation at Home

Step 2: Three Tier Disposal

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Step 3: Three Tier Collection

Step 4.1: Dry waste to Material Recovery Facility and Wet Waste to On-Site Composting

Step 4.2: Wet Waste to Yard Site Composting

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Step 4.3: Non-Recyclable Waste to Sanitary Landfill

Step 5: Hazardous Waste Collection and its transportation to nearest Hazardous Waste Treatment Facility

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Flow diagram depicting Envisaged Plan for Waste Segregation and Management in Urban Area

Suggested Flow of Solid Waste in Urban Area

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Suggested Flow of Solid Waste at Village, Panchayat and Block Level Establish waste minimization strategies

 Consider for potential reuse/recycling /reprocess/recover opportunities.  Apply technical information, regulations and guidance to the decision-making process.  Prepare a sampling and analysis plan for generated wastes.  Apply separating waste by type, Contamination, treatment technology/ facility.  Temporary, secure storage sites at generation points.  Appropriate treatment, storage, or disposal facility (TSDF)  Document waste management strategies and activities in waste management plan.  Develop waste-related community outreach and health and safety plans.

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7. Plastic Waste Management

Plastic products become an integral part of our daily life. That’s why Plastic became menace worldwide as plastic polymer is produced at a massive scale worldwide. On an average, production of plastic crosses 150 Million tonnes globally per year. It has wide application in packaging, films, wrapping materials, shopping and garbage bags, fluid containers, clothing, toys, household and industrial products and building materials. According to a report of Central Pollution Control Board CPCB (2017-18) has estimated that India generates approximately 9.4 Million tons per annum plastic waste, (which amounts to 26,000 tons of waste per day), and out of this approximately 5.6 Million tons per annum plastic waste is recycled (i.e. 15,600 tons of waste per day) and 3.8 Million tons per annum plastic waste is left uncollected or littered (9,400 tons of waste per day). The Government of India notified Plastic Waste Management (PWM) Rules, 2016 on 18th March, 2016. These rules were further amended and named as ‘Plastic Waste Management (Amendment) Rules, 2018. These rules shall apply to every Waste Generator, Local Body, Gram Panchayat, Manufacturer, Importer, Producer and Brand Owner. Important provisions of Plastic Waste Management Rules, 2016 are discussed herein below:

Applicability of the Rule

(1) These rules shall apply to every waste generator, local body, Gram Panchayat, manufacturer, Importers and producer.

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(2) The rule 4 shall not apply to the export oriented units or units in special economic zones, notified by the Central Government, manufacturing their products against an order for export: Provide this exemption shall not apply to units engaged in packaging of gutkha, tobacco and pan masala and also to any surplus or rejects, left over products and the like.

Important Definition mentioned in PWM Rules

 “plastic” means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi- materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate;  “extended producer’s responsibility” means the responsibility of a producer for the environmentally sound management of the product until the end of its life;  “local body” means urban local body with different nomenclature such as municipal corporation, municipality, nagarpalika, nagarnigam, nagarpanchayat, municipal council including notified area committee (NAC) and not limited to or any other local body constituted under the relevant statutes such as gram panchayat, where the management of plastic waste is entrusted to such agency;

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Important Provisions

A. Responsibility of local body.

(1) Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.

(2) The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely:-

(a) Ensuring segregation, collection, storage, transportation, processing and disposal of plastic waste;

(b) ensuring that no damage is caused to the environment during this process;

(c) ensuring channelization of recyclable plastic waste fraction to recyclers;

(d) ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board;

(e) creating awareness among all stakeholders about their responsibilities;

(f) engaging civil societies or groups working with waste pickers; and

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(g) ensuring that open burning of plastic waste does not take place.

(3) The local body for setting up of system for plastic waste management shall seek assistance of producers and such system shall be set up within one year from the date of final publication of these rules in the Official Gazaette of India.

(4) The local body to frame bye-laws incorporating the provisions of these rules

B. Responsibility of Gram Panchayat (1) Every gram panchayat either on its own or by engaging an agency shall set up, operationalise and co-ordinate for waste management in the rural area under their control and for performing the associated functions, namely,- (a) Ensuring segregation, collection, storage, transportation, plastic waste and channelization of recyclable plastic waste fraction to recyclers having valid registration; ensuring that no damage is caused to the environment during this process; (b) Creating awareness among all stakeholders about their responsibilities; and (c) ensuring that open burning of plastic waste does not take place

C. Prescribed authority.

(1) The State Pollution Control Board and Pollution Control Committee in respect of a Union territory shall be the authority for enforcement of

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the provisions of these rules relating to registration, manufacture of plastic products and multilayered packaging, processing and disposal of plastic wastes.

(2) The concerned Secretary-in-charge of Urban Development of the State or a Union Territory shall be the authority for enforcement of the provisions of these rules relating to waste management by waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multilayered packaging.

(3) The concerned Gram Panchayat shall be the authority for enforcement of the provisions of these rules relating to waste management by the waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multilayered packaging in the rural area of the State or a Union Territory.

(4) The authorities referred to in sub-rules (1) to (3) shall take the assistance of the District Magistrate or the Deputy Commissioner within the territorial limits of the jurisdiction of the concerned district in the enforcement of the provisions of these rules.

D. Responsibility of retailers and street vendors-

(1) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheet or multilayered packaging, which are not manufactured and labelled or marked, as per prescribed under these rules.

(2) Every retailers or street vendors selling or providing commodities in, plastic carry bags or multilayered packaging or plastic sheets or

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like or covers made of plastic sheets which are not manufactured or labelled or marked in accordance with these rules shall be liable to pay such fines as specified under the bye-laws of the local bodies.

E. Explicit pricing of carry bags.-

(1) The shopkeepers and street vendors willing to provide plastic carry bags for dispensing any commodity shall register with local body. The local body shall, within a period of six months from the date of final publication of these rules ion the Official Gazette of India notification of these rules, by notification or an order under their appropriate state statute or byelaws shall make provisions for such registration on payment of plastic waste management fee of minimum rupees forty eight thousand @ rupees four thousand per month. The concerned local body may prescribe higher plastic waste management fee, depending upon the sale capacity. The registered shop keepers shall display at prominent place that plastic carry bags are given on payment.

(2) Only the registered shopkeepers or street vendors shall be eligible to provide plastic carry bags for dispensing the commodities.

(3) The local body shall utilize the amount paid by the customers for the carry bags exclusively for the sustainability of the waste management system within their jurisdictions.

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7.1 Baseline Data for Plastic Waste Management

Data Provided by Details of Sl.No Measurable the Action Areas Data . Outcome Concerned Requirement Agency/Dept . Garhwa [name of Name of ULB Nagar ULB] Parishad [Nos as per 46059 Population 2011 census] Inventory of PW1 plastic waste generation Estimated Quantity of [MT/day] / PW1a plastic waste [Not generated in Estimated] District Implementation PW2 of Collection [100%] / Door to Door PW2a [partial %] / collection [not initiated] Segregated PW2 [100%] / Waste b [partial %] collection Plastic waste collection at [MRF used] / PW2c Material [not Recovery installed] Facility PW2 Authorization [Nos] / [not d of PW pickers initiated] PW collection [Nos] / [not PW2e Centers established] Establishment of PW3 linkage with

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Stakeholders

Established linkage with [Nos] / [not PW3a PROs of established] Producers Established PW3 [Nos] / [not linkage with b established] NGOs Availability of facilities for PW4 Recycling or utilization of PW No. of PW PW4a [Nos] recyclers No PW4 Manufacturer [Nos] b s No of PW4c pyrolysis oil [Nos] plants [Quantity in PW4 Plastic MT sent per d pyrolysis Month] [Quantity MT Use in road PW4e used per making Month] Co-processing [Quantity in PW4f in Cement MT sent per Kiln Month] Implementation of PW W5 Management Rules, 2016 Sealing of units [All sealed] / W5a producing < [Partial] / [no 50-micron action] plastic PW5 Prohibiting [Prohibited] /

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b sale of carry [Partial] / [no bags < 50 action] micron Ban on Carry bags and [Implemented other single ] / [Partial] / PW5c use plastics [no action] / as notified by [No Ban] State Government Implementation of Extended Producers PW6 Responsibility (EPR) through Producers/Brand -owners No of Producers [Nos] / PW6a associated [None] with ULBs Financial support by PW6 [Nos] / Producers / b [None] Brand owners to ULBs Amount of PW6c [Rs…] PRO Support Infrastructure support by [Nos of PW6 Producers / Producers] / d Brand owners [None] to ULBs No of collection centers [Nos] / PW6e established [None] by Producers / Brand owners to

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ULBs

7.2 Action Points for Plastic Waste Management

S.No Action Points Timelines Department/Agencies

1 Door to Door plastic Regular ULBs waste collection activity

2 Setting up of Immediate ULBs/ Nagar decentralized waste Parishad/ processing facilities by Hotels/RWAs/ bulk waste generators Institutions etc.

3 Plastic waste segregation Regular Nagar Parishad/ ULBs at Source activity

4 Development and Setting Regular ULBs/ Panchayati Raj up of Infrastructure for activity Segregation, Collection, Storage, Transportation , Processing and Disposal of Plastic Waste

5 Management by Waste Immediate ULBs/ Panchayati Raj Generator (Use of Plastic Carry Bags, Plastic Sheets, extended product life cycle, Cover Made of Plastic Sheets and Multi Layered Packaging)

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6 Properly placing Litter Immediate ULBs bins & waste storage bins

7 Utilization of Non- As per Nagar Parishad/ ULBs recyclable plastic waste requirement (Road Construction, Waste to Fuel, Waste to energy, alternative uses identification etc)

8 Engaging Civil Societies Immediate Nagar Parishad/ ULBs working with Waste Picker

9 Channelization of Immediate Nagar Parishad / ULBs Plastic Waste to Recyclers

10 Ban on Carry bags and Immediate ULBs other single use plastics as notified by State Government

11 Prohibiting sale of plastic Immediate ULBs carry bags, thermocol and cutlery etc

12 Ensuring no open Immediate ULBs/ Panchayati Raj burning and littering

13 Compliance of Immediate ULBs/ JHPCB Government of Jharkhand has imposed complete ban on manufacture, import,

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collection, transportation, use & sale of plastic carry bags vide notification no. 3900, dated 15.09.2017

14 Submission of Annual Annually JHPCB Report to CPCB.

15 Preventing plastic waste Immediate ULBs entering into water bodies – installation of bar mesh in Nallahs & Drains

16 Imposition of user fees Immediate ULBs

17 Information, Education Regular ULBs/ JHPCB/ & Communication (IEC) Activity Development for plastic waste Authority/ management. NGOs/Education Department

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8. Construction & Demolition Waste Management

Safe and cost-effective management of construction & demolition wastes is a significant environmental challenge for modern society. Due to rapid urbanization is changing the nature of construction & demolition wastes management from a low priority, localized issue to a pervasive social and environmental problem with risks to public health and environment. Inadequately managed waste disposal has the potential to affect the health and environment. “Construction and demolition waste" means waste comprising of building materials, debris and rubble resulting from construction, re-modelling, repair and demolition of any civil structure”. Important provisions of Construction and Demolition Waste Management Rules, 2016 are being reproduced herein below:

Applicability of the Rule

The rules shall apply to every waste resulting from construction, re-modeling, repair and demolition of any civil structure of individual or organisation or authority who generates construction and demolition waste such as building materials, debris, rubble.

Important definitions mentioned in C&D WM Rules

"construction" means the process of erecting of building or built facility or other structure, or building of infrastructure including alteration in these entities,;

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"construction and demolition waste" means the waste comprising of building materials, debris and rubble resulting from construction, re- modeling, repair and demolition of any civil structure;

“de-construction” means a planned selective demolition in which salvage, re-use and recycling of the demolished structure is maximized;

“demolition” means breaking down or tearing down buildings and other structures either manually or using mechanical force (by various equipment) or by implosion using explosives.

“local authority” means an urban local authority with different nomenclature such as municipal corporation, municipality, nagarpalika, nagarnigam, nagarpanchayat, municipal council including notified area committee and not limited to or any other local authority constituted under the relevant statutes such as gram panchayat, where the management of construction and demolition waste is entrusted to such agency;

Important Provisions

A. Duties of the waste generator –

(1) Every waste generator shall prima-facie be responsible for collection, segregation of concrete, soil and others and storage of construction and demolition waste generated, as directed or notified by the concerned local authority in consonance with these rules.

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(2) The generator shall ensure that other waste (such as solid waste) does not get mixed with this waste and is stored and disposed separately.

(3) Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and mortar and shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodeling work and keep the concerned authorities informed regarding the relevant activities from the planning stage to the implementation stage and this should be on project to project basis.

(4) Every waste generator shall keep the construction and demolition waste within the premise or get the waste deposited at collection centre so made by the local body or handover it to the authorised processing facilities of construction and demolition waste; and ensure that there is no littering or deposition of construction and demolition waste so as to prevent obstruction to the traffic or the public or drains.

(5) Every waste generator shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities; Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall have to pay for the processing and disposal of construction and demolition waste generated by them, apart from the payment for storage, collection and transportation. The rate shall be fixed by the

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concerned local authority or any other authority designated by the State Government.

B. Duties of local authority-The local authority shall,-

(1) issue detailed directions with regard to proper management of construction and demolition waste within its jurisdiction in accordance with the provisions of these rules and the local authority shall seek detailed plan or undertaking as applicable, from generator of construction and demolition waste;

(2) chalk out stages, methodology and equipment, material involved in the overall activity and final clean up after completion of the construction and demolition ;

(3) seek assistance from concerned authorities for safe disposal of construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;

(4) shall make arrangements and place appropriate containers for collection of waste and shall remove at regular intervals or when they are filled, either through own resources or by appointing private operators;

(5) shall get the collected waste transported to appropriate sites for processing and disposal either through own resources or by appointing private operators;

(6) shall give appropriate incentives to generator for salvaging, processing and or recycling preferably in-situ;

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(7) shall examine and sanction the waste management plan of the generators within a period of one month or from the date of approval of building plan, whichever is earlier from the date of its submission;

(8) shall keep track of the generation of construction and demolition waste within its jurisdiction and establish a data base and update once in a year;

(9) shall device appropriate measures in consultation with expert institutions for management of construction and demolition waste generated including processing facility and for using the recycled products in the best possible manner;

(10) shall create a sustained system of information, education and communication for construction and demolition waste through collaboration with expert institutions and civil societies and also disseminate through their own website;

(11) shall make provision for giving incentives for use of material made out of construction and demolition waste in the construction activity including in non-structural concrete, paving blocks, lower layers of road pavements, colony and rural roads.

C. Criteria for Site Selection for Storage and Processing or Recycling Facilities for construction and demolition Waste

(1) The concerned department in the State Government dealing with land shall be responsible for providing suitable sites for setting up of the storage, processing and recycling facilities for construction and demolition and hand over the sites to the concerned local authority for development, operation and maintenance, which shall ultimately be

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given to the operators by Competent Authority and wherever above Authority is not available, shall lie with the concerned local authority.

(2) The Local authority shall co-ordinate (in consultation with Department of Urban Development of the State or the Union territory) with the concerned organizations for giving necessary approvals and clearances to the operators.

(3) Construction and demolition waste shall be utilized in sanitary landfill for municipal solid waste of the city or region as mentioned at Schedule I of these rule. Residues from construction and demolition waste processing or recycling industries shall be land filled in the sanitary landfill for solid waste.

(4) The processing or recycling shall be large enough to last for 20-25 years (project based on-site recycling facilities).

(5) The processing or recycling site shall be away from habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest.

(6) A buffer zone of no development shall be maintained around solid waste processing and disposal facility, exceeding five Tonnes per day of installed capacity. This will be maintained within the total area of the solid waste processing and disposal facility. The buffer zone shall be prescribed on case to case basis by the local authority in consultation with concerned State Pollution Control Board.

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(7) Processing or recycling site shall be fenced or hedged and provided with proper gate to monitor incoming vehicles or other modes of transportation.

(8) The approach and or internal roads shall be concreted or paved so as to avoid generation of dust particles due to vehicular movement and shall be so designed to ensure free movement of vehicles and other machinery.

(9) Provisions of weigh bridge to measure quantity of waste brought at landfill site, fire protection equipment and other facilities as may be required shall be provided.

(10) Utilities such as drinking water and sanitary facilities (preferably washing/bathing facilities for workers) and lighting arrangements for easy landfill operations during night hours shall be provided and Safety provisions including health inspections of workers at landfill sites shall be carried out made.

(11) In order to prevent pollution from processing or recycling operations, the following provisions shall be made, namely:

(a) Provision of storm water drains to prevent stagnation of surface water;

(b) Provision of paved or concreted surface in selected areas in the processing or recycling facility for minimizing dust and damage to the site.

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(c) Prevention of noise pollution from processing and recycling plant: (d) provision for treatment of effluent if any, to meet the discharge norms as per Environment (Protection) Rules, 1986.

(12) Work Zone air quality at the Processing or Recycling site and ambient air quality at the vicinity shall be monitored.

(13) The measurement of ambient noise shall be done at the interface of the facility with the surrounding area, i.e., at plant boundary.

(14) The following projects shall be exempted from the norms of pollution from dust and noise as mentioned above: For construction work, where at least 80 percent construction and demolition waste is recycled or reused in-situ and sufficient buffer area is available to protect the surrounding habitation from any adverse impact.

(15) A vegetative boundary shall be made around Processing or Recycling plant or site to strengthen the buffer zone.

8.1 Baseline Data for Construction & Demolition Waste

Data Provided Details of Data Measurable by the No. Action Areas Requirement Outcome concerned Agency/ Dept. Garhwa Name of ULB [name of ULB] Nagar Parishad [Nos as per 46059 Population 2011 census] Inventory of C&D CD1 waste

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generation [Kg/Day] / Estimated CD1a [Not Quantity estimated] Implement scheme for CD2 permitting bulk waste generators Issuance of [Initiated] / CD2a Permissions by [Not initiated] ULBs Establishment of C&D Waste CD3 Deposition centers Establishment CD3a of Deposition [Yes] / [No] Points C&D Deposition CD3b [Yes] / [No] point identified Implementation of By-Laws for CD4 CD Waste Management Implementation [notified] / CD4a of By-laws [not notified] Collection of Deposition / [Initiated] / CD4b disposal [Not initiated] Charges Establishment of C&D Waste CD5 recycling plant or linkage with such facility [Established] Establishment / [Sent to CD5a CD Waste shared Recycling Plant Facility] / [No facility exists]

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Capacity of CD [MT/Day] / CD5b Waste Recycling [Not available] Plant

8.2 Action Plan for Construction & Demolition Waste

S.No Action Points Timelines Department/Agencies

1 Approval of Waste Immediate ULBs Management Plan submitted by Waste Generators before Construction starts.

2 Proper collection, Immediate ULBs/ Waste Generator transportation, processing and disposal of C&D Waste

3 Setting up of C& D Immediate Urban Development & Waste processing Housing and Town facility. Planning Department / JHPCB

4 Identification of sites for Immediate ULBs collection and processing facility

5 In-situ processing of Immediate ULBs/ Waste Generator Waste by Generators.

6 Provisions for using Immediate Urban Development &

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materials made by C&D Housing Department / Waste in Construction JHPCB Activity like paving blocks, lower layers of road pavements, colony and rural roads etc.

7 Information, Education Regular ULBs/ JHPCB/ & Communication (IEC) Activity Development Authority/ for C&D waste NGOs/Education management. Department

8 Fix rates to be paid Immediate ULBs by Waste Generators for Collection, Storage & Transportation of Waste.

9 Authorization & Immediate JHPCB Monitoring of C& D waste processing plant

10 Preparation & Annually JHPCB Submission of Annual Report to CPCB.

11 Policy for management Immediate ULBs of C&D waste

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9. Biomedical Waste Management

Biomedical waste is defined as “any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological”. The biomedical waste management and handling has been assuming increasing significance for the past few years. The responsibility of medical administrators as regards proper handling and disposal of this category of waste has now become a statutory requirement with the promulgation of Government of India. Important provisions of Bio-Medical Waste Management Rules, 2016 are being reproduced herein below:

Applicability of the Rule

These rules shall apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, ayush hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of schools, forensic laboratories and research labs.

Important definitions Mentioned in BMWM Rules

"bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunisation of human beings or animals or research activities pertaining thereto or in the production or testing of

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biological or in health camps, including the categories mentioned in Schedule I appended to these rules;

“handling” in relation to bio-medical waste includes the generation, sorting, segregation, collection, use, storage, packaging, loading, transportation, unloading, processing, treatment, destruction, conversion, or offering for sale, transfer, disposal of such waste;

Important Provisions

A. Duties of the Occupier.- It shall be the duty of every occupier to-

(a) take all necessary steps to ensure that bio-medical waste is handled without any adverse effect to human health and the environment and in accordance with these rules;

(b) make a provision within the premises for a safe, ventilated and secured location for storage of segregated biomedical waste in colored bags or containers in the manner as specified in Schedule I, to ensure that there shall be no secondary handling, pilferage of recyclables or inadvertent scattering or spillage by animals and the bio-medical waste from such place or premises shall be directly transported in the manner as prescribed in these rules to the common bio-medical waste treatment facility or for the appropriate treatment and disposal, as the case may be, in the manner as prescribed in Schedule I;

(c) pre-treat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilisation on-site in the manner as prescribed by the World Health Organisation (WHO) or National AIDs Control Organisation (NACO) guidelines

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and then sent to the common bio-medical waste treatment facility for final disposal;

(d) phase out use of chlorinated plastic bags, gloves and blood bags within two years from the date of notification of these rules;

(e) dispose of solid waste other than bio-medical waste in accordance with the provisions of respective waste management rules made under the relevant laws and amended from time to time;

(f) not to give treated bio-medical waste with municipal solid waste;

(g) provide training to all its health care workers and others, involved in handling of bio medical waste at the time of induction and thereafter at least once every year and the details of training programmes conducted, number of personnel trained and number of personnel not undergone any training shall be provided in the Annual Report;

(h) immunise all its health care workers and others, involved in handling of bio-medical waste for protection against diseases including Hepatitis B and Tetanus that are likely to be transmitted by handling of bio-medical waste, in the manner as prescribed in the National Immunisation Policy or the guidelines of the Ministry of Health and Family Welfare issued from time to time;

(i) establish a Bar- Code System for bags or containers containing bio-medical waste to be sent out of the premises or place for any purpose within one year from the date of the notification of these rules;

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(j) ensure segregation of liquid chemical waste at source and ensure pre-treatment or neutralisation prior to mixing with other effluent generated from health care facilities;

(k) ensure treatment and disposal of liquid waste in accordance with the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974);

(l) ensure occupational safety of all its health care workers and others involved in handling of biomedical waste by providing appropriate and adequate personal protective equipments;

(m) conduct health check up at the time of induction and at least once in a year for all its health care workers and others involved in handling of bio- medical waste and maintain the records for the same;

(n) maintain and update on day to day basis the bio-medical waste management register and display the monthly record on its website according to the bio-medical waste generated in terms of category and colour coding as specified in Schedule I;

(o) report major accidents including accidents caused by fire hazards, blasts during handling of biomedical waste and the remedial action taken and the records relevant thereto, (including nil report) in Form I to the prescribed authority and also along with the annual report;

(p) make available the annual report on its web-site and all the health care facilities shall make own website within two years from the date of notification of these rules;

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(q) inform the prescribed authority immediately in case the operator of a facility does not collect the bio-medical waste within the intended time or as per the agreed time;

(r) establish a system to review and monitor the activities related to bio-medical waste management, either through an existing committee or by forming a new committee and the Committee shall meet once in every six months and the record of the minutes of the meetings of this committee shall be submitted along with the annual report to the prescribed authority and the healthcare establishments having less than thirty beds shall designate a qualified person to review and monitor the activities relating to bio- medical waste management within that establishment and submit the annual report;

(s) maintain all record for operation of incineration, hydro or autoclaving etc., for a period of five years;

(t) existing incinerators to achieve the standards for treatment and disposal of bio-medical waste as specified in Schedule II for retention time in secondary chamber and Dioxin and Furans within two years from the date of this notification.

B. Duties of the operator of a common bio-medical waste treatment and disposal facility.-It shall be the duty of every operator to –

(a) take all necessary steps to ensure that the bio-medical waste collected from the occupier is transported, handled, stored, treated and disposed of, without any adverse effect to the human health and

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the environment, in accordance with these rules and guidelines issued by the Central Government or, as the case may be, the central pollution control board from time to time;

(b) ensure timely collection of bio-medical waste from the occupier as prescribed under these rules;

(c) establish bar coding and global positioning system for handling of bio- medical waste within one year;

(d) inform the prescribed authority immediately regarding the occupiers which are not handing over the segregated bio-medical waste in accordance with these rules;

(e) provide training for all its workers involved in handling of bio- medical waste at the time of induction and at least once a year thereafter;

(f) assist the occupier in training conducted by them for bio-medical waste management;

(g) undertake appropriate medical examination at the time of induction and at least once in a year and immunise all its workers involved in handling of bio-medical waste for protection against diseases, including Hepatitis B and Tetanus, that are likely to be transmitted while handling bio-medical waste and maintain the records for the same;

(h) ensure occupational safety of all its workers involved in handling of bio-medical waste by providing appropriate and adequate personal protective equipment;

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(i) report major accidents including accidents caused by fire hazards, blasts during handling of biomedical waste and the remedial action taken and the records relevant thereto, (including nil report) in Form I to the prescribed authority and also along with the annual report;

(j) maintain a log book for each of its treatment equipment according to weight of batch; categories of waste treated; time, date and duration of treatment cycle and total hours of operation;

(k) allow occupier , who are giving waste for treatment to the operator, to see whether the treatment is carried out as per the rules;

(l) shall display details of authorisation, treatment, annual report etc on its web-site;

(m) after ensuring treatment by autoclaving or microwaving followed by mutilation or shredding, whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and glass, shall be given to recyclers having valid consent or authorisation or registration from the respective State Pollution Control Board or Pollution Control Committee;

(n) supply non-chlorinated plastic coloured bags to the occupier on chargeable basis, if required;

(o) common bio-medical waste treatment facility shall ensure collection of biomedical waste on holidays also;

(p) maintain all record for operation of incineration, hydroor autoclaving for a period of five years; and

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(q) upgrade existing incinerators to achieve the standards for retention time in secondary chamber and Dioxin and Furans within two years from the date of this notification.

C. Duties of State Government of Health or Union Territory Government or Administration

(i) To ensure implementation of the rule in all health care facilities or occupiers. (ii) Allocation of adequate funds to Government health care facilities for bio-medical waste management. (iii) Procurement and allocation of treatment equipments and make provision for consumables for bio-medical waste management in Government health care facilities. (iv) Constitute State or District Level Advisory Committees under the District Magistrate or Additional District Magistrate to oversee the biomedical waste management in the Districts. (v) Advise State Pollution Control Boards or Pollution Control Committees on implementation of these Rules. (vi) Implementation of recommendations of the Advisory Committee in all the health care facilities.

D. Duties of State Government of State Pollution Control Boards or Pollution Control Committees

(i) Inventorisation of Occupiers and data on bio-medical waste generation, treatment & disposal.

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(ii) Compilation of data and submission of the same in annual report to Central Pollution Control Board within the stipulated time period. (iii) Grant and renewal, suspension or refusal cancellation or of authorisation under these rules (Rule 7, 8 and 10). (iv) Monitoring of compliance of various provisions and conditions of authorisation. (v) Action against health care facilities or common biomedical waste treatment facilities for violation of these rules (Rule 18). (vi) Organizing training programmes to staff of health care facilities and common bio-medical waste treatment facilities and State Pollution Control Boards or Pollution Control Committees Staff on segregation, collection, storage, transportation, treatment and disposal of bio-medical wastes. (vii) Undertake or support research or operational research regarding bio-medical waste management. (viii) Any other function under these rules assigned by Ministry of Environment, Forest and Climate Change or Central Pollution Control Board from time to time. (ix) Implementation of recommendations of the Advisory Committee. (x) Publish the list of Registered or Authorised (or give consent) Recyclers. (xi) Undertake and support third party audits of the common bio- medical waste treatment facilities in their State.

E. Duties of State Government of Municipalities or Corporations, Urban Local Bodies and Gram Panchayats

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(i) Provide or allocate suitable land for development of common bio-medical waste treatment facilities in their respective jurisdictions as per the guidelines of Central Pollution Control Board. (ii) Collect other solid waste (other than the biomedical waste) from the health care facilities as per the Solid Waste (Management and handling) Rules, 2016 or as amended time to time. (iii) Any other function stipulated under these Rules.

F. Categories of Biomedical Waste There are ten defined categories (category code Nos. 1 to 10) as follows: a) Human anatomical waste: (tissues, organs, body parts)

b) Animal waste: (including animals used in research and waste originating from veterinary hospitals and animal houses).

c) Microbiological and biotechnology waste: (including waste from lab cultures, stocks or specimens of microorganisms, live or attenuated vaccines, wastes from production of biological etc.)

d) Waste sharps: (used/unused needles, syringes, lancets, scalpels, blades, glass etc.) e) Discarded medicines and cytotoxic drugs. f) Soiled wastes: (items contaminated with blood and body fluids, including cotton dressings, Linen, plaster casts, bedding etc.) g) Solid wastes: (wastes generated from disposable items other than waste sharps such as tubing, catheters, i. v. sets, etc.)

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h) Liquid waste: (waste generated from washing, cleaning, housekeeping and disinfection activities including these activities in labs). i) Incineration ash: (from incineration of any biomedical waste) j) Chemical waste: (chemicals used in production of biological and disinfection).

9.1 Baseline Data for Bio-Medical Waste Management

Data Provided Details of by the Measurable No. Action Areas Data Concerned Outcome Requirement Agency/ Dept. [name of Name of ULB ULB] [Nos as per 1322784 Population 2011 census] Inventory of Biomedical BMW1 Waste Generation Total no. of 8 [Nos] / [No BMW1a Bedded inventory] Hospitals Total no. of [Nos] / [No BMW1b non-bedded inventory] HCF Total no. [Nos] / [No BMW1c Clinics inventory] No of [Nos] / [No BMW1d Veterinary inventory] Hospitals [Nos] / [No BMW1e Pathlabs inventory]

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[Nos] / [No 10 BMW1f Dental Clinics inventory] [Nos] / [No 1 BMW1g Blood Banks inventory] Animal [Nos] / [No BMW1h Houses inventory] Bio-research [Nos] / [No BMW1i Labs inventory] [Nos] / [No BMW1j Others inventory] Authorization BMW2 of HCFs by SPCBs / PCCs [Nos In Process BMW2a Bedded HCFs Authorized] Non-bedded [Nos In Process BMW2b HCFs Authorized] Biomedical Medicare Bio Waste Medical Treatment and Waste BMW3a Disposal Management Facilities Lohardaga (CBMWTFs) No of [Nos] / 8 BMW3a CBMWTFs None Linkage with [Yes] / [no 3 BMW3b CBMWTFs linkage] [Adequate] Capacity of BMW3c / [Not CBMWTFs adequate] [Require] / Requirements BMW3d [not of CBMWTFs required] Captive None Disposal [Nos] / BMW3e Facilities of [None] HCFs Compliance by BMW4 CBMWTFs

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[Meeting] / Regular Compliance to [Not Meeting with BMW4a standards meeting] / the [NA] Fascilitator Barcode At District [100%] / tracking by Hospital BMW4b [Partly %] / HCFs / [None] CBMWTFs Daily BMW BWM for 100 BMW4c lifting by [Kg / day] Bed CBMWTFs Status of Compliance by BMW5 Healthcare Facilities [100%] / 100% Pre- BMW5a [partly %] / segregation [None] [100%] / 100% Linkage with BMW5b [partly %] / CBMWTFs [None]

9.2 Action Plan for Bio-Medical Waste

S.No Action Points Timelines Department/Agencies

1 Segregation of Bio Regular Health Department/ Medical Waste Activities HCFs (BMW) at source of generation in specified Color Coded bags as per Biomedical Waste Management Rule, 2016

2 GPS enabled Immediate Health vehicles for Department/JHPCB Biomedical wastes transportation

3 Publication of List of Immediate Health Department Registered HCFs

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4 Cancellation of Licenses Immediate Health Department of HCFs violating Authorization of JHPCB.

5 Actions against Immediate JHPCB/Health defaulters of Bio- Department

Medical Waste Management Rules, 2016

6 . Implementation of Immediate Health Department Rules in HCFs & Occupiers. . Grant of License to HCFs . Constitute District Level Advisory Committee . Fund Allocation to Government HCFs . Publish List of Registered HCFs

7 . Allocate Land for Immediate ULBs/ Village Panchayat CBWTFs . Collection of Solid Waste other than BMW from HCFs

8 Grant of License to Immediate Animal Husbandry/ Veterinary establishment Veterinary Dept.

9 . Authorization to HCFs Immediate JHPCB and Occupiers . Inventorisation of Occupiers, Data on BMW generation, treatment

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. Submission of Annual report to CPCB.

10 Mass awareness Regular Health campaigns and extensive Activity Department/JHPCB/ training programs. CBWTFs

11 BMW from HCFs Immediate CBWTFs Transported, Treated &disposed of in accordance with Rules. . Establish Bar coding & Global Positioning system for handling of BMW . Training to all workers. Assist Occupier in Training. . Supply Non Chlorinated coloured Plastic Bags to Occupiers

12 . Ensure BMW handling Regular Occupiers/ HCFs as per Rule. Activity . Safe, Ventilated & Secured In house Storage of BMW. . No mixing of BMW with MSW. . Bar code system for Bio-medical Waste collection Bags.

13 Information, Education & Regular ULBs/ JHPCB/ Communication (IEC) for Activity Development Authority/ Bio-medical waste NGOs/Education management. Department

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10. Hazardous Waste Management

Hazardous waste is those that may contain toxic substance generated from industrial, hospital, some type of household waste. The improper handling, collection, treatment and disposal of hazardous waste material may cause substantial harm to human health or environment. Hazardous wastes can take the form of solids, liquids, sludges or contained gases and they are generated primarily by chemical production, manufacturing, and other industrial activities. They may cause damage during inadequate storage, transportation, treatment or disposal operations. Improper hazardous- waste storage or disposal frequently contaminates surface and groundwater supplies. People living in homes built near old and abandoned waste disposal sites may be in a particularly vulnerable position. Hazardous wastes are classified on the basis of their biological, chemical, and physical properties. These properties generate materials that are toxic, reactive, ignitable, corrosive, infectious, or radioactive. Important provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 are reproduced herein below:

Applicability of the Rule

These rules shall apply to the management of hazardous and other wastes as specified in the Schedules.

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Important definitions mentioned in Hazardous Waste Management Rules

“hazardous waste” means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances.

Important Provisions

A. Duties of State Government/Union Territory Government/Administration (i) Identification of site (s) for common Hazardous and Other Waste Treatment Storage and Disposal Facility (TSDF) (ii) Asses Environment Impact Assessment (EIA) reports and conveys the decision of approval of site or otherwise Acquire the site or inform operator of facility or occupier or association of occupiers to acquire the site. (iii) Notification of sites. (iv) Publish periodically an inventory of all potential or existing disposal sites in the State or Union Territory B. Duties of State Pollution Control Boards (i) Inventorisation of hazardous and other wastes. (ii) Grant and renewal of authorisation. (iii) Monitoring of compliance of various provisions and conditions of permission including conditions of permission for issued by

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Ministry of Environment, Forest and Climate Change for exports and imports. (iv) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment, Forest and Climate Change. (v) Implementation of programmes to prevent or reduce or minimise the generation of hazardous and other wastes. (vi) Action against violations of these rules. (vii) Any other function under these Rules assigned by Ministry of Environment, Forest and Climate Change from time to time

10.1 Baseline Data for Hazardous Waste Management Data Provided by Details of Data Measurable the No. Action Areas Requirement Outcome Concerned Agency/ Dept. Inventory of HW1 Hazardous Waste No of HW HW1a Generating [Nos.] Industry HW1b Quantity of HW [MT/Annum] Quantity of HW1c [MT/Annum] Incinierable HW Quantity of HW1d [MT/Annum] land-fillable HW Quantity of HW1e Recyclable / [MT/Annum] utilizable HW Contaminated HW2 Sites and illegal industrial

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hazardous waste dumpsites No of HW HW2a [Nos] / [None] dumpsites Probable [Nos] (provide HW2c Contaminated list) Sites Authorization HW3 by SPCBs/PCCs No of industries HW3a [Nos] authorized Display Board of HW HW3b [Nos] Generation in front of Gate Availability of Common HW3 Hazardous Waste TSDF [Exists] / [No] / [Sent to HW3a Common TSDF Other District within State] Industries HW3b linkage with [Nos.] TSDF Linkage of ULBs HW4 in District with Common TSDF ULBs linked to Common TSDFs HW4a for Domestic [Yes] / [No] Hazardous Waste

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10.2 Action Plan Hazardous Waste Management A. Short Term Action Plan

S.No Action Points Timeline Department/Agencies

1 Constitution of in-house District Administration/ Dept Hazardous Waste of Factories, Labour and Fire/ Incident Response Team. JHPCB 2 Imposition of Regular JHPCB Environmental activity Compensation on default

B. Long Term

S.No Action Points Timelines Department/Agencies

1 Hazardous waste State Government/ District recovery, recycling & Administration/ disposal facility in Development authorities/ upcoming industrial Department of estate/Area Submit Environment/ JHPCB annual report/Plan for sound disposal of waste to MOEFCC 2 Labour Department to 360 Days Labour Department/ register, impart safe Director of Factories waste handling training and monitor health of workers engaged in waste handling 3 Impetus for promotion JHPCB of low cost innovative re-use, reduce techniques, methods. 4 Land Allocation for District Administration Establishment of new TSDFs .

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11. E-Waste Management

Waste electrical and electronic equipment (WEEE) is becoming major threat to the whole world. Rapid growth of technology, up- gradation of technical innovations and a high rate up-gradation by exchanging old electronic items have led to one of the fastest growing waste in the world. Its toxic emissions mixed with virgin soil and air and causing harmful effects to the entire biota either directly or indirectly. Direct impacts include release of acids, toxic compounds including heavy metals, carcinogenic chemicals and indirect effects such as bio magnification of heavy metals. Many private firms are involved in collecting, dismantling, separation and exporting e-wastes for recyclers. However, strict regulations are currently being followed as on approval of such firms such as e-steward certification by Basel action network in US, they also involved in public awareness programs. E-Waste consists of end of electrical and electronic equipments and products such as: Refrigerator, Washing machines, Computers and Printers, Televisions, Mobiles, I-pods etc. Important provisions of E-Waste (Management) Rules, 2016 are being reproduced herein below:

Applicability of the Rule

These rules shall apply to every manufacturer, producer, consumer, bulk consumer, collection centres, dealers, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their

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components, consumables, parts and spares which make the product operational.

Important definitions Mentioned in E-Waste Management Rules

'e-waste' means electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes;

‘Extended Producer Responsibility’ means responsibility of any producer of electrical or electronic equipment, for channelisation of e- waste to ensure environmentally sound management of such waste. Extended Producer Responsibility may comprise of implementing take back system or setting up of collection centres or both and having agreed arrangements with authorised dismantler or recycler either individually or collectively through a Producer Responsibility Organisation recognised by producer or producers in their Extended Producer Responsibility - Authorisation;

‘Extended Producer Responsibility - Authorisation’ means a permission given by Central Pollution Control Board to a producer, for managing Extended Producer Responsibility with implementation plans and targets outlined in such authorisation including detail of Producer Responsibility Organisation and e-waste exchange, if applicable;

Important Provisions

There are explicit provisions of the responsibilities of Manufacturer, Producer, Collection Centres, Dealers, Refurbisher,

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Consumer or Bulk Consumer, Dismantler, Recycler and the State Government are mentioned under the rules.

A. Duties of State Pollution Control Boards or Committees of Union territories (i) Inventorisation of e-waste. (ii) Grant and renewal of authorisation to manufacturers, dismantlers, recyclers and refurbishers. (iii) Monitoring and compliance of Extended Producer Responsibility - Authorisation as directed by Central Pollution Control Board and that of dismantlers, recyclers and refurbishers authorisation. (iv) Conduct random inspection of dismantler or recycler or refurbisher. (v) Maintain online information regarding authorisation granted to manufacturers, dismantlers, recyclers and refurbishers. (vi) Implementation of programmes to encourage environmentally sound recycling. (vii) Action against violations of these rules. (viii) Any other function delegated by the Ministry under these rules B. Duties of Urban Local Bodies (Municipal Committee or Council or Corporation) (i) To ensure that e-waste if found to be mixed with Municipal Solid Waste is properly segregated, collected and is channelised to authorised dismantler or recycler.

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(ii) To ensure that e-waste pertaining to orphan products is collected and channelised to authorised dismantler or recycler.

11.1 Baseline Data for E- Waste Management

Data Provided Action Details of Data Measurable By the No. Areas Requirement Outcome Concerned Dept/Agency Status of facilitating EW1 authorized collection of E-Waste Does the citizen are able to deposit or provide EW1a [Yes] / [No] E-Waste through Toll-free Numbers in the District Collection centers [Nos] / EW1c established by [None] ULB in District Collection centers established by [Nos] / EW1d Producers or [None] their PROs in the District Does the district has linkage with EW1e authorized E- [Yes] / [No] Waste recyclers / Dismantler No authorized E- [Nos] / EW1f Waste recyclers / [None] Dismantler EW2 Status of

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Collection of E-Waste Authorizing E- [Authorized] EW2a Waste collectors / [None] Involvement of [Yes] / [No] EW2b NGOs / [Nos] Does Producers have approached NGOs/ Informal [Yes] / [No] EW2c Sector for setting /[Nos] up Collection Centers. Does ULBs have linkage with EW2d authorized [Yes] / [No] Recyclers / Dismantlers Control E- Waste EW4 related pollution Does informal trading, dismantling, and EW4a [Yes] / [No] recycling of e- waste exists in District Does the administration [Yes] / [No] EW4b closed illegal E- / [Nos] Waste recycling in the District No of actions taken to close EW4c illegal trading or [Nos] processing of E- Waste Creation of EW5 Awareness on E-Waste

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handling and disposal Does PROs / Producers conducted any [Yes] / [No] EW5a District level / [Nos] Awareness Campaigns Does District Administration conducted any [Yes] / [No] EW5c District level / [Nos] Awareness Campaigns

11.2 Action Plan for E-Waste Management

S. Action Points Timelines Department No /Agencies

1 Collection, Segregation and Immediate ULBs Channelization of e-waste pertaining to orphan products to recyclers / dismantlers

2 Segregation of E-waste at source from Regular ULBs/Nagar MSW. Activity Parishad/ Waste Generator 3  Ensure no illegal e-waste Immediate District processing. Administrati  No dumping of e-waste, HW & on other wastes on banks of river. /ULBs/JHP  No illegal transportation of e- CB/RTO waste.

4 Industrial skill development activities Immediate Labour for workers in dismantling and Department

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recycling units.

5 Monitoring & Compliance of Extended Immediate JHPCB Producers Responsibility (EPR) - Authorization issue by CPCB. 6 Information, Education & Regular ULBs/ Communication (IEC) for E-waste Activity JHPCB/ Management. Developmen t Authority/ NGOs/Educ ation Department

7 Authorization to Manufacturers, Immediate JHPCB Dismantlers, Recyclers, Refurbishes and Action against defaulters.

8 Earmarking or allocation of industrial Immediate Department space or shed, abandoned of mills/factories for e-waste dismantling Industries. / recycling units in industrial clusters

9 Recognition and Registration of Immediate Labor workers of dismantling and recycling Department units.

10 Implementation of EPR from producers Immediate Department of Industries/J HPCB

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12. Water Quality Management Plan

Water Quality Management Plan

Systematic management of water resources is necessary to ensure the required balance between development pressures and the safeguarding of the natural and built environment for future generations. The purpose of Water Quality Management Plan (WQMP) is to reduce discharge of pollutants into urban runoff from development projects by reducing or eliminating sources of pollutants, and managing site runoff volumes and flow rates through best Management Practices.

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12.1 Baseline Data for Water Quality Management

Data Provided by Details of Data Measurable the No. Action Areas Requirement Outcome Concerned Agency/ Dept Inventory of water WQ1 resources in District [Nos] and WQ1a Rivers [Length in Km] Length of WQ1b [in Km] Coastline Nalas/Drains WQ1c [Nos] meeting Rivers [Nos] and [Area WQ1d Lakes / Ponds in Hectares] Total Quantity of sewage and [Automatic] WQ1e industrial (SW1a+IW1b) discharge in District Control of Groundwater Water Quality Estimated 16199 WQ2a number of bore- [Nos] wells No of permissions WQ2b given for [Nos] extraction of groundwater Number of WQ2c groundwater [Nos] polluted areas

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Groundwater [adequate] / WQ2d Availability [not adequate] Availability of WQ3 Water Quality Data Creation of Yes WQ3a [Yes] / [No] monitoring cell Access to Surface water and [Available] or WQ3b groundwater [Not available] quality data at DM office Control of WQ4 River side Activities [Fully Controlled] / Control of River Side open [Partly WQ4a River side defecation controlled] /[no Activities Measures taken] [Fully Controlled] / Dumping of SW [Partly WQ4b on river banks controlled] /[no Measures taken] [Measures taken] / Control [Measures WQ4c measures for taken post idol immersion immersion] / [No Measures taken] Control of Water WQ5 Pollution in Rivers WQ5a Percentage of [%] (automatic

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untreated SM1g/SM1a) sewage Monitoring of [Monitored] / Action Plans for WQ5b [Not monitored] Rejuvenation of [not applicable] Rivers No of directions given to industries for Discharge of WQ5c [Nos] Untreated industrial wastewater in last 12 months Awareness WQ6 Activities District level campaigns on [Nos in WQ6a protection of previous year] water quality Oil Spill Disaster WQ6b Contingency Plan Creation of District Oil Spill [Created] / [Not WQ6a Crisis Created] Management Group Preparation District Oil Spill [Prepared] / WQ6b Disaster [Not Prepared] Contingency Plan Protection of WQ7 Flood plains Encroachment WQ7a of flood plains is [Yes] / [No] regulated. Rainwater

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Harvesting Action plan for [Implemented] WQ8a Rain water / [Not harvesting implemented]

12.2 Domestic Sewage Management Plan

Domestic sewage is generated by domestic activities including toilet, bathroom, clothes washing and kitchen cleaning activities. This sewage water contains high levels of micro-organisms, chemicals (nutrients) and other contaminants capable of causing human illness and adversely impacting on the local environment.

12.3 Baseline Data for Domestic Sewage Management Data Provided Details of Data Measurable by the No. Action Areas Requirement Outcome Concerned Agency/ Dept. Inventory of SM1 Sewage Management Total Quantity of Sewage generated SM1a in District from [MLD] Class II cities and above No of Class-II SM1b [Nos] towns and above No of Class-I SM1c [Nos] towns and above No of Towns SM1d [Nos] needing STPs No of Towns STPs SM1e [Nos] installed

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Quantity of treated sewage SM1f flowing into [MLD] Rivers (directly or indirectly) Quantity of untreated or SM1g partially treated [Automatic] sewage (directly or indirectly) Quantity of SM1h sewage flowing [MLD] into lakes No of industrial SM1i [Nos] townships Adequacy of Available SW2 Infrastructure for Sewage Treatment % sewage treated SM2a [Automatic] in STPs Total available SM2b Treatment [MLD] Capacity Additional SM2c treatment [MLD] capacity required Adequacy of SM3 Sewerage Network No of ULBs having partial SM3a [Nos] underground sewerage network No of towns not SM3b having sewerage [Nos] network % population SM3c [Automatic] covered under

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sewerage network

12.4 Action Point for Sewage Management A. Short Term Action Point

S. Action Points Timelines Department/Agencies No

1 Estimation of total 06 Months Concerned ULBs sewage generation from City/Towns where sewage treatment facility does not exist and preparation of DPR for treatment of sewage

2 Measurement of flow & load 06 Months Concerned ULBs of all the drains contributing pollution load in Rivers

3 Installation of Bar- 09 Months Concerned ULBs meshes in the drains & regular cleaning & disposal of Solid Waste from them

4 Untapped drains to be 06 Months Concerned ULBs provided with modular treatment facilities/ In-Situ bio-remediation.

5 Completion and Immediate Concerned Agency commissioning of under construction STPs 6 Formulation of Action Plan Irrigation & Concerned for long term use of treated ULBs in consultation water discharged from STPs with JHPCB/CPCB

8 Preparation of DPR for ULBs/Nagar Parishad channelization including diversion of sewage 12 Months generated from household /

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township / villages to sewer lines and interception of all drains (excluding drains carrying industrial wastewater) for ensuring proper treatment through upcoming STPs. 9 Septage Management in the 12 Months ULBs/Concerned areas where sewerage Agency network does not exist.

B.Long Term Action Point

S. Action Points Timelines Department/A No gencies

1 Laying of Sewerage Network & 36 Months Concerned Connection of households to the from sanction ULBs sewer line in order to utilize the of DPR. installed capacity of existing STPs. 2 Establishment of Sewage 36 Months Concerned Treatment Plants of adequate from sanction ULBs capacity. of DPR.

3 Tapping & diversion of the drains 36 Months Concerned having high sewage load to STPs to from sanction ULBs be constructed on I&D model. of DPR.

4 Infrastructure Development in 36 Months Concerned Irrigation/Horticulture/ from sanction ULBs Sprinkling/Industrial use etc. and of DPR. ensuring use of treated water.

5 Installation of 24 Months Concerned supplementary/tertiary treatment from ULBs system in existing STPs which are Sanction of not able to achieve discharge DPR. norms in the present system.

6 Treatment of waste water in Rural 12 Months Panchayati areas flowing into the river by Bio- Raj, Rural

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remediation/Phyto-remediation/ Development Oxidation Pond etc. Departments. 7 Ensuring ODF in all the villages 12 Months Gram situated along the river Panchayat, Panchayati Raj, Rural Development Departments, Rastriya Swachta Mission- Gramin

12.5 Industrial Wastewater Management Plan Industrial waste water is one of the important and major pollution sources of Water. A huge amount of industrial waste water was discharged into rivers, lake & sand coastal areas. This resulted in serious pollution problems in the water environment and causes negative effects to the eco-system and human’s life. There are many types of industrial waste water based on different industries and contaminants. Each sector produces its own particular combination of pollutants.

12.6 Baseline Data for Industrial Waste water Management

Data Provided by Details of Data Measurable the No. Action Areas Requirement Outcome Concerned Agency/ Dept Inventory of IWW industrial 1 wastewater

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Generation in District No of Industries IWW discharging [Nos] 1a wastewater Total Quantity of IWW industrial wastewater [MLD] 1b generated Quantity of treated IWW IWW discharged into [MLD] 1c Nalas / Rivers Quantity of un- IWW treated or partially [MLD] 1d treated IWW discharged into lakes [Agro based] / [ Chemical – Dye etc.] / [Metallurgic al] / [Pharma] / [Pesticide] / [Power IWW Prominent Type of Plants] / 1e Industries [Mining] / [Automobile ] : Multiple selection based on size of operation and number IWW Common Effluent [Nos] / [No

1f Treatment Facilities CETPs] Status of IWW compliance by

2 Industries in treating

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wastewater

IWW No of Industries [Nos] 2a meeting Standards No of Industries not IWW meeting discharge [Automatic] 2b Standards No of complaints received or number IWW of recurring [Nos] 2c complaints against industrial pollution in last 3 months Status of Action taken AW for not meeting W4 discharge standards No industries closed IWW for exceeding [Nos] 4a standards in last 3 months No of industries IWW where Environmental [Nos] 4b Compensation was imposed By SPCBs

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12.7 Action Point for Industrial Waste Management

S. Action Points Timelines Department/Agenc No ies

1 Re-inventorization of Water JHPCB, ULBs & Polluting Industries in the Department of catchment area of the drains 06 Month Industries and their status with respect to consent, installation of ETP, adequacy of ETP and final discharge point. 2 Closure and legal action against Regular District the illegal water polluting activity Administration, / industries operating in non- JHPCB/ ULBs, confirming /residential areas Development Authority/ Dept of Industry

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13. Air Quality Management Plan

Air quality affects our health, the livability of our cities and towns, and our environment. Air pollution, particularly from human activity, can cause health problems that affect the heart and lungs, and can cause cancer. Even short-term exposure to air pollution can cause health problems. Children, the elderly and people with existing heart and lung conditions are especially affected by air pollution. Air quality management refers to all the activities a regulatory authority undertakes to help protect human health and the environment from the harmful effects of air pollution. There is a continuous review and assessment of goals and strategies based on their effectiveness. All parts of this process are informed by scientific research that provides air quality managers with essential understanding of how pollutants are emitted, transported and transformed in the air and their effects on human health and the environment.

13.1 Baseline Data for Air Quality Management

Data Provided by Details of Data Measurable No. Action Areas the Requirement Outcome Concerned Agency/Dept Availability of Air Quality AQ1 Monitoring Network in District Manual Air Quality AQ1a [Nos] / [None] monitoring stations of

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SPCBs /CPCB

Automatic monitoring AQ1c stations [Nos] / [None] Operated by SPCBs / CPCB Inventory of AQ2 Air Pollution Sources [Large Industry] / [Small Industry] / [Unpaved Identification Roads] / of prominent [Burning of AQ2a air polluting Waste Stubble] sources / [Brick Kiln] / [Industrial Estate] / [Others] (Multiple selection) No of Non- AQ2b Attainment [Nos / [None] Cities Action Plans [Prepared] / for non- AQ2c [Not yet attainment prepared] cities Availability of Air Quality AQ3 Monitoring Data at DMs Office Access to air [Available] / quality data AQ3a [Not yet from SPCBs & Available] CPCB through

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Dashboard

Control of AQ4 Industrial Air Pollution No of Industries AQ4a [Nos] meeting Standards No of Industries not AQ4b meeting [Nos] discharge Standards Control of Non- AQ5 industrial Air Pollution sources Control open burning of [Nos of fire AQ5a Stubble – incidents] during winter Control Open burning of AQ5b [Nos] Waste – Nos of actions Taken Control of [SOP available] AQ5c forest fires / [No SoP] Vehicle [% ULBs AQ5d pollution covered] check centers Dust [% ULBs AQ5e Suppression covered] Vehicles Development of Air AQ6 Pollution complaint redressal

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system

Mobile App / Online based air pollution [Available] / AQ6a complaint [Not available] redressing system of SPCBs.

13.2 Action Plan for Air Quality Management Plan

Sl.No Action Points Timelines Department/Agencies .

1 Plying of electric buses, As early as Transport e-rickshaws for public possible Department transport including establishment of sufficient charging stations. 2 Prepare plan for As early as N.H.A.I. /PWD construction of bypasses possible to avoid congestion due to non-destined vehicles. 3 Construction of As early as N.H.A.I./PWD peripheral road around possible the cities to avoid congestion. 4 Launch extensive drive As regular R.T.O/Traffic Police against polluting activity vehicles for ensuring strict compliance. 5 Launch public As regular R.T.O/Traffic awareness campaign for activity Police/Education air pollution control, Department vehicle maintenance, minimizing use of

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personal vehicles, lane discipline, etc. 6 Check fuel adulteration Regular Activity District Supply and random Officer/Oil monitoring of fuel companies quality data. 7 Installation of remote As early as Traffic Police sensor based PUC possible system

8 Set-up and publicize Immediately JHPCB helpline in the city/town as well as SPCB/PCC HQ for complaints against reported non- compliance. 9 Installation of - JHPCB appropriate air pollution control devices in factory units/industries.

10 Development of mobile 24 Months JHPCB facility/van for continuous ambient air quality monitoring for different localities

11 Stricter dust control on Immediately JHPCB stone crushers

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14. Mining Activity Management plan

14.1 Baseline Data for Mining Activity Management

Data Provided Details of Data Measurable No. Action Areas by Requirement Outcome concerned Dept. Inventory of MI1a Mining in District [Sand Mining] / [Iron Ore] / [Bauxite] / [Coal] / Other Type of Mining [specify] MI1a Activity Multiple selection in order of magnitude of operations No of Mining MI1b licenses given in [Nos] the District Area covered MI1c [Sq Km] under mining MI1d Area of District [Sq Km] MI1e Sand Mining [Yes] / [No] [River bed] / Area of sand [Estuary] / MI1f Mining [Non -river deposit] Compliance to MI2 Environmental Conditions

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No of Mining areas meeting MI2a Environmental [Nos] Clearance Conditions No of Mining areas meeting MI2b Consent [Nos] Conditions of SPCBs / PCCs Mining related MI3a environmental Complaints No of pollution related complaints MI3b [Nos] against Mining Operations in last 1 year Action against MI4 non-complying mining activity No of Mining operations suspended for MI4a [Nos] violations to environmental norms No od directions MI4b [Nos] issued by SPCBs 14.2 Action Points for Mining Activity Management

S.No Action Points Timelines Department/Agencies

1 Adoption of sustainable Regular Mining Dept. and systematic mining Activities practices.

2 Enforcing strict control Immediate JHPCB measures against air,

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water and noise pollution.

3 Establishment of green Regular Mines Consent belt in and around mining Activities lease areas and planting of rows of trees along roadsides to hold the spread of dust over larger areas . 4 Adoption of appropriate Regular Concerned Project soil and moisture Activities Proponent/Dept. conservation measures in the mining lease area to hold run-off and increase infiltration. 5 Stabilization and 1 Year Concerned Project consolidation of inactive Proponent/Dept. dumps through engineering and vegetative measures. 6 Strict implementation of Regular Concerned Project reclamation and Activities Proponent/Dept. rehabilitation measures both within and outside the mining lease areas.

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15. Noise Pollution Management Plan

15.1 Baseline Data for Noise Pollution Management Data Provided by Details of Data Measurable No. Action Areas the Concerned Requirement Outcome Agency/Dept. Availability NP1 Monitoring equipment No. of noise NIL measuring [Nos] / NP1a devices with [None] district administration No. of noise NIL measuring [Nos] / NP1b devices with [None] SPCBs Capability to conduct noise level NP2 monitoring by State agency / District authorities capability to Not Available conduct noise [Available] / level monitoring NP2a [Not by State agency / available] District authorities Management of Noise NP2 related complaints No of complaints received on noise [Nos] NP2a pollution in last 1 NIL

year NP2b No of complaints [Nos] NIL

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redressed Compliance to NP3 ambient noise standards Implementation Occasional [Regular of Ambient noise Activity] / NP3a standards in [Occasional] residential and / [Never] silent zones [carried Not Carry Out Noise monitoring NP3b out] / [not study in district carried out] [Installed] / Installed. Sign boards in [Partial] / NP3c towns and cities [Not in silent zones Installed] 15.2 Action Points for Noise Pollution

S.No Action Points Timelines Department/Agenci es

1 Impose restrictions in traffic Regular RTO /Traffic Police hours. Activities

2 To restrict the vehicular honking Regular RTO /Traffic Police as per the applicable rule. Activities

3 A loud speaker or a public address Regular Dist. Admin. system shall not be used except Activities after obtaining written permission from the authority 4 A loudspeaker/ any other musical Regular Dist. Admin./ instrument or a public address Activities District Police system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) 5 No person shall use, operate or Regular Dist. Admin./ permit the use or operation of a Activities District Police loud speaker in any public places or within distance of 200 meters from any public places or in any place of public entertainment

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References 1. District Environment Management Model Prepared by UPPCB 2. Garhwa District Website 3. Jharkhand Pollution Control Board Website

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THE JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 777 25 Aashwin, 1938 (S) Ranchi, Tuesday, 17 th October, 2017

Department of Forest, Environment and Climate Change ------NOTIFICATION 15 September, 2017

Notification No.- 3/PrayaPradu-52/2007/3900-- Whereas, plastic carry bags cause short-term and long-term environmental damage and health hazard; And whereas, Article 48-A of the Constitution of India, inter alia, envisages that the State shall endeavour to protect and improve the environment;

And whereas, the Government of Jharkhand is of the opinion that, the use of plastic carry bags is causing grave and irreparable injury to the environment and the health of human beings as well as animals;

And whereas, it is observed that plastic carry bags are also causing blockage of gutters, sewers and drains resulting in serious environmental problems;

And whereas, with a view to prevent the occurrence of such problems, the State Government has decided to declare the entire area of the State of Jharkhand as the "Plastic Carry Bags Free Area" ;

Now therefore, in exercise of the powers conferred under Section 5 of the Environment (Protection) Act, 1986 (No. 29 of 1986) as delegated under Section 23 of the said Act by the Central Government vide Notification No. S.O. 352 (E) New Delhi, dated 18.04.2001, the State Government, by this notification, issues the following directions for the complete Ban of manufacture, import, storage, tranportation, sale and usage of Plastic Carry bags in all parts of the state; namely,

1. No industry shall manufacture plastic carry bags and no person including a shopkeeper, vendor, wholesaler or retailer, trader, hawker or rehriwala etc., shall use 2 Jharkhand Gazette (Extraordinary), Tuesday 17 th October, 2017 plastic carry bags for supply of goods and no person shall manufacture, store, import, sell or transport plastic carry bags in the State of Jharkhand with effect from the date of final publication of this Notification. Provided that plastic carry bags manufactured exclusively for export purposes against any export order shall be exempted in terms of Rule 2(2) of the Plastic Waste Management Rules, 2016 from the application of this notification.

Explanation :- For the purpose of this Notification the words ‘plastic’ and 'carry bags' shall have the same meaning as defined under the Plastic Waste Management Rules, 2016. Containers used for packaging food material, milk and milk products and raising plants in nurseries shall not be deemed as carry bags. 2. Jharkhand State Pollution Control Board shall be responsible for enforcement in respect of the functions relevant to this notification and specified in clause (1) of Rule 12 of the Plastic Waste Management Rules, 2016, whereas the Urban Local Bodies and Gram Panchayats shall be responsible for enforcement under their jurisdictions in respect of the functions relevant to this notification and specified in clause (2) and (3) respectively of Rule 12 of the said Rules. 3. Officers as mentioned in Government of India’s Notification No. S.O. 394 (E) dated 16 April, 1987 issued under Section 19 of the Environment (Protection) Act, 1986 shall be authorized to file complaints in the jurisdictional court of law againstviolation of directions contained in this notification. 4. From the date of final publication of this Notification, Notification No. 3/Parya.Pradush.-62/2007- 3691 Van Parya., dated 11 September, 2013 shall be superseded except in respect of things done or omitted to be done before such supersession, to the extent that complaint cases filed under previous the Notification are pending.

By order of the Governor of Jharkhand,

Sunil Kumar, Deputy Secretary to the Government.

------

Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 777-- 50.

Item Nos.01 to 04 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Original Application No.710/2017 WITH Original Application No.711/2017 WITH Original Application No.712/2017 WITH Original Application No.713/2017

Shailesh Singh Applicant(s) Versus

Sheela Hospital & Trauma Centre, Shahjahanpur &Ors. Respondent(s)

WITH

Shailesh Singh Applicant(s) Versus

Kailash Hospital and Heart Institute&Ors. Respondent(s)

WITH

Shailesh Singh Applicant(s) Versus

Shri Ganga Charan Hospital (P) Ltd.,Bareilly &Ors. Respondent(s)

WITH

Shailesh Singh Applicant(s) Versus

Katiyar Nursing Home, Hardoi&Ors. Respondent(s)

Date of hearing: 15.07.2019

CORAM: S.P. WANGDI, JUDICIAL MEMBER

MEMBER

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For Applicant(s): Ms. Preeti Singh and Ms. Swati Jindal, Advocate

For Respondent (s): Mr. Balendu Shekhar, Advocate for MoEF&CC Ms. Pinky Anand, ASG, Mr. G.G. Gorge, Mr. Hemant Arya, Advocates for State of U.P Mr. Anant Agarwal, Ms. Sweta Rani, Advocates for Respondent No. 3&5 in O.A No. 712/2019. Mr. TVS Raghavendra Sreyas, Advocate for APPCB Mr. Pradeep Misra, Advocate for UPPCB Mr. Rahul Verma, Addl. A.G for State of Uttarakhand Mr. Rajat Navet, Advocate for R-9 Ms. Sakshi Popli, Advocate for DPCC Mukesh Verma, Advocate for State PCB Mr. Sharmistha, Advocate for APPCB Ms. Soumyajit Pani, Advocate for State of Odisha Mr. Suyash Singh, Advocate for Sheela Nursing Home, Chandigarh and Katiyar Mr. LeishangthemRoshmanikh, Advocate for State of Manipur Mr. Rahul Khurana, Advocate for State of Haryana and HSPCB Mr. K.V Jagdishraman G. Indira, Adovocate for UT of Andaman &Nicomabr Mr. H.S.K EnatoliSema, Advocate for State of Nagaland & NPCB Mr. Shubham Bhalla, Advocate for UT, Chandigarh.

ORDER

1. The issue raised in these applications is non - compliance of the

provisions of Bio-medical Waste Management Rules, 2016 (BMW

Rules) by the States and UTs.

2. The matter was reviewed vide order dated 12.03.2019. It was noted

that unscientific disposal of bio-medical waste had potential of

serious diseases such as Gastrointestinal infection, Respiratory

infection, Eye infection, Genital infection, Skin infection, Anthrax,

Meningitis, AIDS, Haemorrhagic fevers, Septicaemia, Viral Hepatitis

type A, Viral Hepatitis type B and C, etc. Such unscientific disposal

2

also causes environmental pollution leading to unpleasant smell,

growth and multiplication of vectors like insects, rodents and worms

and may lead to the transmission of diseases like typhoid, cholera,

hepatitis and AIDS through injuries from syringes and needles

contaminated with various communicable diseases. The Tribunal

referred to the news article published in Dainik Jagran dated

06.10.2017 stating as follows:-

Buddha Nagar is the only district where a survey of 66 hospitals was conducted in October 2017 where 23 were found doing the management of Biomedical waste. 18 hospitals of which have been issued notices by the Regional

3. Reference was also made to the report of the CAG placed on its

website in May, 2017 as follows:

-medical waste (BMW) treatment. As per the report paragraph 2.1.9.5 there were 8,366 Health Care Establishments (HCEs) out of which 3,362 HCEs were operating without authorization. Total BMW generated in the State was 37,498 kg/day out of which only 35,816 kg/day was treated and disposed of. BMW of 1,682 kg/day was being disposed of untreated due to inadequate treatment facility. But UPPCB failed to monitor unauthorised operation and untreated disposal of BMW and did not take any action against the

3

4. It was also noted that on 06.02.2019, this Tribunal had required the

State of Uttar Pradesh to furnish performance guarantee in the sum

of Rs. 10 Crores. We are informed that vide order dated

03.05.2019,the said direction stands stayed

Courtin Civil Appeal No(s). 4287-4290/2019, State of Uttar Pradesh

&Ors. Etc. v. Shailesh Singh &Ors. Etc.

5. The Tribunal noted that the steps taken in the State of Uttar Pradesh

for compliance of theBMW Ruleswere inadequate.The regulatory

regime was required to be stern in view of impact on public health by

unscientific disposal of bio-medical waste. Such unscientific disposal

must result in prosecution andrecovery of deterrent compensation so

that non-compliance is not profitable. The Tribunal noted that not a

single person was shown to have been convicted in spite of large

violation, nor any compensation was shown to have been recovered.

No scale of compensation had been laiddown, no action plan had

been prepared. The unsatisfactory state of affairs was not confined to

the State of Uttar Pradesh, Punjab, Haryana and Uttarakhand who

were before the Tribunal but also to the other States. The BMW Rules

provide for furnishing of annual reports by the States to the CPCB

and by the CPCB to the MoEF&CCand also being made available on

the website of the concerned State.The Tribunal directed all the

States and UTs to furnish such reports by 30.04.2019, for the period

such reports were due before 30.04.2019, failing which the defaulting

States will be required to pay compensation at the rate of Rs. 1 Crore

per month after 01.05.2019. The States were also required to prepare

4

their respective action plans within one month. The Tribunal also

directed the CPCB to furnish its comments on the action plans and to

undertake study and prepare a scale of compensation to be recovered

from the violators of BMW Rules without prejudice to the State PCBs

taking steps for recovery of compensation from the polluters or laying

down their own scales which should not be less than the scale of the

CPCB.

6. Accordingly, a report has been filed by the CPCB certain extracts

from the report are as follows:

2.3.1Inventory of HCFs and Biomedical Waste Generation: Incomplete inventory on biomedical waste generation is an evident from the fact that biomedical waste generation reported by SPCBs is not proportional to the population in States/UTs. Generation of biomedical waste across States is reported as Bihar (6 %), Delhi (4.4 %), Gujarat (5.21 %), Karnataka (12 %), Kerala (7.35 %), Maharashtra (11.10 %), Rajasthan (4.03 %), Tamil Nadu (8.39 %), Uttar Pradesh (7.81 %) & West Bengal (5.34 %) which is not proportional to population States. Therefore, SPCBs/PCCs should complete inventory of all HCFs (both bedded and non-bedded) to assess quantity of biomedical waste generation as well as to ensure effective treatment and disposal of biomedical waste generated by them.

As per annual information, out of 559 tonnes, about 518 tonnes of biomedical waste generated per day is treated and disposed through 198 no. of common facilities and 9,841 captive treatment facility installed by Healthcare facilities. However, quantity of biomedical waste

5

reported is not reliable or accurate since inventory of healthcare facilities and biomedical waste generation in not yet completed by all States.

States initiated Inventory studies: Lakshadweep, Andaman Nicobar, Tripura, Daman & Diu, Delhi, Chandigarh, Telangana, Kerala, Gujarat, Haryana, Punjab, Mizoram, Maharashtra, Puducherry, Rajasthan, Tamil Nadu, Jharkhand, Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, MP and Meghalaya.

States not reported status of inventory study: Jammu & Kashmir, Sikkim, Arunachal Pradesh, West Bengal, Assam and Odisha.

2.3.2 Operation of Healthcare Facilities without Authorization:As per BMWM Rules, 2016, Healthcare Facilities are required to obtain authorization under said Rules, irrespective of quantity of biomedical waste generation. Annual information indicates that out of 2,38,259 of HCFs, only 97,099 (40%) no. of HCFs have applied for authorization and 84,805 {35%) HCFs are granted authorization under BMWM Rules, 2016. This indicates that about 25 % of the identified HCFs are not yet authorized by SPCBs and biomedical waste management by such facilities could not be monitored.

States namely Assam, Bihar, Chhattisgarh, Himachal Pradesh, Jharkhand, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu, Uttarakhand, Uttar Pradesh & West Bengal permitted use of deep burial pits for the disposal of biomedical waste despite having Common Disposal Facilities.

6

2.3.5 States without Common Treatment & Disposal Facilities: States like Arunachal Pradesh, Andaman & Nicobar, Goa, Lakshadweep, Mizoram, and Nagaland &Sikkim are not having CBWTF for the treatment & disposal of biomedical waste.

States namely Andaman Nicobar, Arunachal Pradesh, Assam, J & K, Lakshadweep, Mizoram, Orissa, Puducherry, Sikkim, Uttar Pradesh and West Bengal have not submitted any information on implementation of Barcode system.

2.3.11 Constitution of State Level Advisory Committees: States namely Jammu & Kashmir, Lakshadweep and Sikkim have not yet constituted the said Committees as required under BMWM Rules, 2016.

3.0 Submission of Action Plans by State Governments: States namely Assam, Bihar, Chhattisgarh, Daman &Diu and Dadra & Nagar Haveli, Goa, Jharkhand, Karnataka, Lakshadweep, Manipur, Meghalaya, Punjab, Tamilnadu, Telangana, Uttarakhand and West Bengal have not submitted Action pans within due date for submission, that is one month from order of Hon'ble Tribunal dated 12/03/2019.

3.1 Performance Guarantee by Government of Uttar Pradesh State: In this regard, Uttar Pradesh State has not submitted Performance Guarantee to CPCB on compliance to Action Plan submitted by them.

3.2 Key Performance Indicators: CPCB has identified the following Key Performance Indicators for assessing treatment and .disposal of biomedical waste, and effectiveness in implementation of BMWM Rules, 2016;

7

(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.

Review of Action Plans: Table 3: Scoring of States/ UTs for effectiveness of Action Plans S.No Name of State Action plan Score received S.No Name of State fromSPCB/PCCs & Score Health Department 1 Sikkim Health 1 Department 2 Arunachal SPCB 1 Pradesh 3 Lakshadweep Health 2.5 Department 4 J&K Health 3 Department 5 Mizoram Health 3 Department 6 Manipur Health 3 Department 7 Uttarr Health 3.5 Pradesh Department 8 Nagaland Health 3.5 Department

8

A score of 7 and above is indicated as an adequate action plan, score between 4-6.5 considered as satisfactory action plan whereas a score of less than 4 is considered not satisfactory.

2.0 Environmental Compensation for Healthcare Facilities (HCFs): Environmental Compensation for HCFs = HR x T x S x R x N Where; HR Health Risk factor T- Type of Healthcare Facility S Size of Health Care Facility R Environmental Compensation factor N Number of days of Violation

HR Health Risk (HR) is a number from 0 to 100 and increasing HR value denotes the increasing degree of health risk due to improper handling of BMW in healthcare facility.

Further, in any case minimum Environmental Compensation in respect to Healthcare Facility shall not be less than Rs.1200/- per day.

2.1 Deterrent Factor for Healthcare Facilities: Incremental effect on Environmental compensation charges are given below:

Scenario Applicable ECC Up to 15 days from Original ECC target date Between 15 to 30 days Two times beyond target date Fails to comply in 2 nd Two times

9

inspections including new violations if any Between 30 to 45 days Four times beyond target date Fails to comply in 3rd Four times inspections including new violations if any Beyond 60 days from Closure of HCF target date Fails to comply in 4th Closure of HCF consecutive inspection

3.0 Environmental Compensation for Common Biomedical Waste Treatment Facility (CBWTF): Environmental Compensation for CBWTFs = PI x S x R x N Environmental Compensation Where; PI Pollution Index S Size of Operation R Environmental Compensation factor N Number of days of Violation

Further, in any case minimum Environmental Compensation in respect to Common Biomedical Waste Treatment Facility shall not be less than Rs. 3,000/- per day.

3.1 Deterrent Factor for Common Biomedical Waste Treatment Facilities: Incremental effect on Environmental compensation charges are given below:

Scenario Applicable ECC Up to 30 days from target date Original ECC Between 30 to 60 days beyond Two times target date

10

Fails to comply in 2nd Two times inspection including new violations if any Between 60 to 90 days beyond Four times target date Beyond 90 days Closure of CBWTF Fails to comply in 3 rd Closure of CBWTF consecutive inspection

7. We have heard learned counsel for the parties available before this

Tribunal. We do not see any objection to the recommendations of the

CPCB. No meaningful objection has been raised by any of the

parties. Accordingly, the report of the CPCB is accepted.The same

may be placed on the website of the CPCB for three months. All the

States/UTs may take action according to the said report.

8. The States/UTs may furnish complete inventory of HCFs and BMW

generation within two months and where the inventories are

incomplete, the same may be completed. We place on record our

disapproval of the inaction of States in furnishing the inventory

studies as well as for incomplete inventories. It is regretful to note

that 25% of identified HCFs have not even taken authorization from

the concerned State PCBs in absence of which, monitoring of waste

management is not taking place. The States which have not set up

common treatment and disposal facility must do so within two

months as per Rules. The States who have not furnished the

information on the barcode system may also furnish such

information at the earliest but not beyond two months. The States

11

which have not yet constituted State Level Advisory Committee may also do so within two months. The action plans and their execution must be carried out having regard to the key performance indicators.

The States which have inadequate action plans, not satisfactory action plans, needing further actions must also do the needful within two months realizing their responsibility to the environment and public health which ought to be monitored directly by the Chief

Secretaries in terms of order of this Tribunal dated 16.01.2019 in

O.A. No. 606/2018 and further orders in the said matter.By the furtherorder in the said matter in the case of all the States, directions were issued that Chief Secretaries may personally monitor compliance of environmental norms (including BMW Rules) with the

District Magistrate once every month. The District Magistrates may conduct such monitoring twice every month. We find it necessary to add that in view of Constitutional provisions under Articles 243 G,

243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the

Solid Waste Management Rules, 2016, it is necessary to have a

District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers,

State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District

Magistrate. Such District Environment Plans and Constitution of

District Committee may be placed on the website of Districts concerned. The monthly report of monitoring by the District

Magistrate may be furnished to the Chief Secretary and may be

12

placed on the website of the District and kept on such websites for a period of one year. This may be made operative from 1.08.2019.

Compliance of this direction may also be seen by the Chief

Secretaries of the States/UTs. This may not only comply with mandate of law but provide an institutional mechanism for effective monitoring of environment norms. Needless to say that right to clean environment being part of right to life, such effective monitoring is a must. Such monitoring must include issues specified in the order of this Tribunal dated 16.01.2019, O.A No. 606/2018, Para 40 which is as follows:-

"a. Status of compliance of SWM Rule, 2016, Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016 in their respective areas. b. Status of functioning of Committees constituted by this order. c. Status of the Action Plan in compliance vide order dated 20.09.2018 ob

(Original Application No. 673/2018). d. Status of functioning of Committees constituted in News Item

Multiple timelines to Clear Air in 102 Cities to be e. Status of Action Plan with regard to identification of polluted industrial clusters in O.A. No. 1038/2018, News item published in

f. Status of the work in compliance of the directions passed in O.A. No. 173 of 2018, Sudarsan Das v. State of West Bengal &Ors. Order dated 04.09.2018.

funds collected. h. Status of the identification and development of Model Cities and Towns in the State in the first phase which can be replicated later for

13

9. Further important issues flagged for monitoring include training

programs for the officers concerned with enforcement of environment

norms at the ground level, reuse of treated water, recharge of ground

water, conservation of water bodies.1It has been brought to our notice

that State PCBs our facing certain handicaps in performing their

functions for want of adequate staff and infrastructure. While this is

a matter to be reviewed by concerned Chief Secretaries, the State

PCBs/PCCs are free to prepare and execute appropriate plans for

utilizing the environment restoration fund with the approval of CPCB.

The expenditure may include hiring of experts and consultants,

expanding air and water quality monitoring network, procurement of

scientific equipment, undertaking restitution remediation and

specialized studies on contaminated sites so that there is effective

oversight for enforcement of law. Under no circumstances these

funds be spent on salaries, logistics etc.

10. The compensation regime suggested by the CPCB may be adopted. It

will be open to the State PCBs/PCCs to adopt a higher scale of

compensation, having regard to the problems faced in such

States/UTs.

11. It is made clear that if even after two months the States/UTs are

found to be non-compliant, the compensation will be liable to be

recovered from the said States/UTs at the rate of Rs. 1 Croreper

month till the non-compliance continues.

1See order dated 17.05.2019, O.A. No 606/2018, Para No. 27 (vi, vii, viii)

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12. The CPCB may file further progress report in the matter after

coordination through the concerned authorities of the States,

including the State Boards/other Health Departments.

13. The Chief Secretaries may furnish their respective compliance

reportsas per orders passed in O.A No. 606/2018, Compliance of

Municipal Solid Waste Management Rules, 2016.

Copies of this order be sent to all the Chief Secretaries, CPCB and

MoEF& CC by e-mail for compliance.

List for further consideration on 18.11.2019.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

July 15, 2019 Original Application No.710/2017and other connected matters AK

15

Item No. 04 & 05 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video Conferencing)

Original Application No. 804/2017 (Earlier O.A. No. 36/2012) WITH M.A. No. 1302/2018 IN Interlocutory Application No. 63 IN W. P. (C) No. 657/1995

Rajiv Narayan & Anr Applicant(s)

Versus

Union of India & Ors. Respondent(s)

With

The Research Foundation for Science, Technology And Natural Resource Policy Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 12.04.2019

CORAM:

For Applicant(s): Mr. Raj Panjwani, Senior Advocate Ms. Meera Gopal, Advocate Mr. Rahul Choudhary, Advocate For Respondent (s): K. Enatoli Sema and Mr. Amit Kumar Singh Advocates for State of Nagaland Mr. Manish Kumar, Advocate Mr. Sriansh Prakash and Mr. Raj Kumar Maurya, Advocates for EDMC Mr. Daleep Dhyani, Advocate for UPPCB Mr. Amit Tiwari, Advocate for SOUP Mr. Raj Kumar, Advocate for CPCB

ORDER

1. The issue for consideration is non-compliance of the Hazardous and

Other Wastes (Management and Transboundary Movement) Rules,

2016. The status reports filed by the States were considered with

reference to the following:

1

As to what is the total generation of hazardous waste in their respective States. 2. Which agencies have been authorized in terms of rules to collect, transport, disposed of and the process of the hazardous wastes. 3. What is the capacity of the plants which have been given due authorization for that purpose. 4. What happens and how the remnant hazardous waste is being dealt with. 5. The members who have been allotted any of the authorized plants and are not sending hazardous waste to those plants. What action the concerned authorities i.e. the State Government and the respective States and State Pollution Control Boards have taken so far, against such members. These details should be filed within one week from today.

2. Vide order dated 30.07.2018, the Tribunal found that Central

Pollution Control Board (CPCB) was required to prepare a

consolidated review report every year under Rule 20, based on

reports of the State Pollution Control Boards (SPCBs). The Tribunal

directed as follows:

All the States, where the hazardous waste is being generated must set up Treatment, Storage and Disposal Facility (TSDF) facility of adequate capacity at appropriate locations within three months from today and forthwith imitate action against erring units. (ii) Central Government and Central Pollution Control Board must forthwith monitor the compliance of the rules by reviewing the need for action in all the states.

(iii) The Central Pollution Control Board may forthwith constitute a monitoring Committee for the purpose it may appoint a Nodal Officer exclusively to oversee the compliance of the rules. The Member Secretary CPCB may act as a Nodal Officer till a substitute is found. The action taken must be placed on the website of the Central Pollution Control Board within 3 months from today. Compliance report be filed before this Tribunal on or before 30th November, 2018, which will be treate

2

3. Setting up of Treatment, Disposal and Storage Facility (TSDF) being

an urgent and important requirement which was required to be

monitored as above. In compliance of the directions of the Tribunal,

an affidavit has been filed on 08.02.2019 by the CPCB stating that on

09.08.2018 a Monitoring Committee was constituted headed by Dr.

Ajay A. Deshpande, former Expert Member, NGT. CPCB also issued

directions under Section 5 of the Environment (Protection) Act, 1986

on 30.01.2019 for all the SPCBs/Pollution Control Committees

(PCCs) as follows:

mandatory Authorisation for the same in compliance with the SOP and Checklist issued by CPCB for solvent recovery units, within one month. The said SOP and checklist have been circulated to all SPCBs/PCCs vide letter no. B29016/(SC)/1(55-IV)/17-18/WM- II/18152-86 dated 08/3/2018 and is also available at CPCB website http://cpcb.nic.in/uploads/hwmd/utilizaionspent solvent.pdf. b) Ensure that these solvent recovery industries shall immediately follow the SOP, for safe and scientific spent solvent handling, processing and storage. c) Ensure that such solvent recovery units shall comply with the provisions of HOWM Rules, 2016, in terms of interstate transport of Hazardous waste and manifest document prescribed under Rule 18 and 19 of the HOWM Rules, 2016, with immediate effect. Stringent action be taken against the erring industries who are giving the spent solvent to such recycling industries without following the manifest systems.

d) Conduct industry interaction programs within a month to create awareness and sensitization on HOWM Rules, 2016 with all the stakeholder industries of Spent Solvent generation/utilization.

e) Prepare an inventory of such solvent recovery units and publish the same on their website for information of all, stakeholders within one month with copy to CPCB within one month.

4. The Monitoring Committee furnished its interim report in compliance

of orders of this Tribunal after reviewing the various aspects of

enforcement of the Rules proposing actions as follows:

Sl. Observations Proposed Actions (Responsible

3

No. Agency and timeline of action)

1 Hazardous waste 1. There is a need to urgently identification: - Uniformity prepare a guidelines or protocol on in assessment, Byproducts how to decide the by-product on and solvents (Details in specific criteria. This can be done Chapter 4 Section 4.1.1) based on chemical process involved a. The Rules define by- in order to bring consistency in products very categorically approach. linking it to its intended use. (MoEF&CC and CPCB: 06 months) Presently, there is no 2. Other waste is presently missing verification or appraisal of from all the regulatory actions, such continuous intended use including inventory. It is necessary before classifying certain to bring such waste in regulatory waste as a byproduct. There is domain, as envisaged in the rules. a need for SOP/guidelines for (SPCBs/PCCs: inventory of 2018- identification of by-products 19 onwards). based on the manufacturing 3. SPCBs/PCCs need to take steps process as well as intended to ensure closing of the manifests use. received and reconcile the HW b. Applicability of various handling data. This work is clauses of the HW Rules to humungous and need support in terms of software and online be defined clearly in the Rules submissions. itself. (SPCBs/PCCs). c. Presently, there is hardly 4. Pan India IT based solution is any scientific examination or suggested for tracking HW. Such scrutiny for identification and integrated data handling and quantification of HW prior to management solution is under grant of authorisation. implementation by CPCB which the d. The HW Rules basically committee would like to review in focuses on a close loop next phase. approach for the HW 5. The pre-processing and Management which is recycling/utilisation facilities need reflected in the adoption of to be treated as critical manifest system in order to environmental infrastructure ensure that the HW facilities for sound environmental movement is continuously management of hazardous waste so tracked till its final disposal as to ensure enhanced level and (Cradle to Grave approach). frequency of enforcement and e. However, in case of spent environmental monitoring. solvent sent for solvent Elaborate protocols are needed to recovery, such manifest be developed. system seems to be ending at (SPCBs/PCCs: continuous activity). the door step of the spent 6. According to Rules, the solvent recycler. It would be identification and quantification of advisable to continue this the hazardous waste generation is manifest system right upto to be done at the authorisation the actual user of such stage itself and therefore, it is recovered solvent from solvent necessary that SPCBs shall adopt recovery plant to ensure the scientific principles as appropriate regulation of enumerated for such identification spent solvent plant and quantification of HW. performance and appropriate (SPCB/PCCs: Immediate) accounting and use of recovered solvent. The similar approach is also required to be adopted in all cases of recycling/recovery/ utilisation such as used oil, waste oil, lead scrap, spent acid, spent catalyst, etc.

4

2. Grant of Authorisation by 1. Uniform format for visits and SPCBs/PCCs (Details in inspections of HW handling Chapter 4 Section 4.1.2) facilities is necessary to ensure a. The Rules stipulates comprehensive inspections as per requirement of enclosing field the provisions of the Rules. A inspection report while format is proposed by the granting authorisation Committee which is given at b. The committee observed Annexure XVI. that only in few cases the 2. The authorisation document SPCBs are enclosing the said should clearly stipulate respective field inspection report mode of management (such as alongwith authorisation common or captive granted. incineration/secured landfilling or c. Further, such filed pre-processing or recycling or inspection report lacks details utilization or export or captive w.r.t to adequacy of the storage, as applicable) for each facilities on storage, category of HW being generated. transportation, treatment, (SPCB/PCCs: immediate) recycling/utilisation, disposal, etc. 3. Inventory (Details in 1. Standard guidelines and protocol Chapter 4 Section 4.2) based on scientific fundamentals a. Inventories are based on for preparation of inventory should reporting by the be prepared by CPCB and strictly generators/occupiers through followed by the SPCBs/PCCs to annual report as well as ensure reliable and credible authorisation. inventory. b. The inventory data do not (SPCBs/PCCs and CPCB/: cover all the industries who inventory of 2018-19 onwards) have been granted 2. SPCBs/PCCs shall verify and authorisation. It also does not scientifically validate the HW data cover the hazardous waste and facilities before grant or from domestic sources, renewal of authorisation. interstate movement, (SPCBs/PCCs: inventory of 2018- import/export of hazardous 19 onwards) waste, and other waste. 3. There is an emergent need to c. The inventories are not develop sectoral process based verified and validated based reasonable HW generation range to on the scientific principles by have uniformity in assessing the the State Pollution Control HW generation from industries and Boards/Pollution Control benchmarking the same with its Committees (SPCBs/PCCs). peers, rather than solely depending d. There is a substantial on industry data. (SPCBs/PCCs: variation in the quantity continuous activity) declared in the authorisation 4. All occupiers who have and actual quantity of authorisations shall submit the hazardous waste generation Annual report and in case of non- declared in the annual report. compliance, action needs to be e. Quantities reported in the taken by SPCB/PCC. captive utilisation of (SPCBs/PCCs: inventory of 2018- hazardous waste appear to be 19 onwards) on higher side and are not 5. The timelines for inventory verified. preparation as envisaged in Rules f. There are no standard be strictly complied with by protocol/guidelines for SPCBs/PCCs. Preparation of preparation of HW inventory based on sound scientific dependent on such timely principles and approach submission by SPCBs/PCCS. which is a basic necessity to (SPCBs/PCCs and CPCB) ensure uniform and consistent preparation of HW inventory by different

5

SPCBs/PCCs. 4. Enforcement actions. 1. SPCBs/PCCs shall invoke the (Details in Chapter 5) powers conferred under clause 23 a. Though there have been (1) and (2) of the Rules, related to several incidents on record of all damages caused to the noncompliance of HW environment or third party due to Regulations resulting in improper handling and discharge of HW in management of the hazardous and environment, the powers other wastes, and non-compliance vested with the respectively. CPCB has already CPCB/SPCBs/PCCs for issued guidelines for Liability recovering environmental assessment, for invoking clause damages under Rules 23(1) 23(1) and (2) of HW Rules. CPCB has not been invoked. shall also take consequential b. Only three States namely actions under clause 23 (1) as per Maharashtra, Telangana and the said guidelines wherever Madhya Pradesh have directions under section 5 of the reported prosecution actions E(P) Act have been issued by CPCB, under Section 15 of EP Act, noticing environmental damages. 1986. (SPCBs/PCCs and CPCB: c. There are hardly few cases Immediate). where the SPCBs/PCCs have 2. The habitual and serious invoked provisions related to defaulters shall be prosecuted revocation and/or refusal of under provisions of the authorisation in view of the Environment (Protection) Act, 1986. observed noncompliances. Other alternative regulatory actions d. Inspection report, mostly is including refusal and revocation of not attached along with the Authorisation can also be explored authorisation granted. following the due process. Wherever inspection reports (SPCBs/PCCs: Immediate) have been attached such 3. Non-compliance to be reports lack in required documented while processing information for appraisal. authorisation for renewal or inspections in order to invoke powers of refusal or revocation of Authorisation as per Rules. (SPCBs/PCCs: Immediate) 4. Urgent updation of concerned websites of SPCBs/PCCs/CPCB with respect to all enforcement actions along with details of industries and action taken. (SPCBs/PCCs/ CPCB: Immediate) 5. There is need to have an enforcement framework for effective enforcement of Rules based on principle of proportionality and also, precautionary principle. Such framework will remove ambiguity in regulatory actions and bring transparency, predictability and consistency in enforcement for actions. (SPCBs/PCCs/CPCB: within 06 months) 5. Hazardous waste utilisation 1. The inventory data needs to be and recycle. Issues and need verified and validated before of improvements (Details in accepting the same. The states Chapter 4 Section 4.3) shall adopt the proposed guidelines a. The inventory data shows immediately while preparation of skewed variation in utilisation HW inventory. of HW pattern among different (SPCBs/PCCs: Immediate)

6

States. For example in 2. There is emergent need of Gujarat about 36 % of the HW consistent approach in recycle and generated is either recycled or utilisation of HW in terms waste utilised, whereas in management hierarchy mandated Maharashtra 0.98 % HW in the rules across all the States in generated is recycled and order to ensure the level playing utilised. field for the industry. This can be b. Maharashtra is not achieved by advocacy programme authorising and promoting such as concept of waste exchange the co-processing which is banks, know your waste one of the major option of programme, circular economy, utilisation of HW, although documentation of the success the HW Rules provided stories along with regulatory hierarchy of waste interventions wherever required. management promoting (SPCBs/PCCs) recycle and utilisation of the 3. It is also necessary to develop HW. There is a need to have a certain benchmarks/guidelines for consistent and scientific the possibilities of HW approach to promote the HW recycle/utilization on case to case recycle and reuse in basis. For example, for co- consonance of the objective of processing at Cement plants the the HW Rules expressed in Thermal Substitution Ratio (TSR) terms of hierarchy, can be an objective criterion to throughout the country. decide the potential to use HW for c. There are certain utilisation purpose. The range of environmental risks TSR at different cement plants can associated with the recycle be collated to develop a database and utilisation of the HW in for sound coprocessing practices. case of non-compliance. It is (SPCBs/PCCs) therefore necessary that such 4. The concept of environmental recycle and utilisation of HW benchmarking among the similar is strictly regulated in terms industries generating HW can be of the performance of such useful to ensure consistency and recycle and utilisation. uniformity. The emerging trend of d. There is need to circular economy would be a key immediately prepare intervention for rationalising the guidelines for high volume low HW generation and impact waste like slags from reuse/utilisation pyrometallurgical operations, (SPCBs/PCCs: continuous activity) fly ash, red mud, Jarosite, mine tailings and ore beneficiation rejects. e. More clarity is required on the application of Rule 9 particularly in case of captive utilisation. Presently, it is very difficult for SPCB/PCC field staff to investigate and analyse such claims of industry. Therefore, presently, the data given by industry is relied upon in totality. f. The pre-processing facilities collect the HW from different industries and carry out the homogenization/blending activities to achieve the required calorific value and other desired specification for co-processing. As this industry sector indulge in handling the wide range of

7

wastes from different industries, it would be prudent to have improved enforcement regime in terms of number of inspections, detailing of inspection, environmental monitoring and reporting of waste receive/disposed etc. on the lines of common facilities. 6. Common Treatment, 1. The practice of returning the HW Storage and Disposal consignment needs to be facilities: reporting. (Details immediately stopped and the in Chapter 4 Section 4.5) consignment needs to be stored a. The Committee has within the TSDF with information observed that in some cases to the waste generator and also the the TSDF rejects the concerned SPCB. The TSDF shall consignment received from take appropriate measures to the waste generator for non- dispose this waste at the risk and compliance of acceptance cost of the waste generator under criteria. This consignment is due information to the SPCB returned back to the waste immediately on priority. Though the generator. present guidelines prescribed that b. The site selection criteria, the waste shall be sent back to the design and layout are the waste generators, this practice critical parameters for needs to be immediately establishment of the TSDF. In discontinued in view of non- addition, waste storage, accounting of the waste once it is stabilization, landfilling, out of manifest protocol and the incineration and leachate associated environmental risks. management are critical (SPCBs/PCCs/TSDFs: immediate) operations. The committee 2. SPCBs/PCCs shall conduct has observed non-compliance environmental audit including the of these guidelines For site selection criteria, design and example TSDF at Balotra, layout for the TSDFs in next one Roorkee, Kanpur, etc. year. They can engage expert c. Of 18 SPCBs/PCCs having institutes for the purpose and seek common secured landfills, 06 SPCBs have still not opened of the study, if required. Escrow Account provision for (SPCBs/PCCs: 01 year) postclosure monitoring of 3. All the Common SLF shall common SLF. disclose the mandatory amount deposited in Escrow Account NGT orders dated annually to SPCB/PCC, CPCB and 30/07/2018 with regard to display on their website. setting of TSDFs and taking SPCB/PCC to take action in case of imitating actions against non-compliance. (SPCBs/PCCs: erring units- Only Goa and immediate) Odisha have submitted action plan with timeframe for NGT orders dated 30/07/2018 with setting of Common SLF + regard to setting up of TSDF and Incinerator and Common taking imitate actions against Incinerator respectively. Only erring units be strictly complied Odisha has taken action with by the concerned State/UT against erring units Government and SPCBs/PCCs. (State/UT Governments and SPCBs/PCCs: immediate)

7. Contaminated sites: Status, 1. It is necessary that such identification, need of contaminated site database is urgent action, investment, developed after due verification by capacity building, SPCBs/PCCs and validation by

8

guidelines. (Details in CPCB or some expert third party, Chapter 4 Section 4.7) so as to ensure the reliability of The Committee has initiated such data base. The entire process work on monitoring of of screening, verification and validation needs to be as per Supreme Court with regard to standard protocol and the data contaminated site WP needs to be owned by both 657/1995 and has discussed SPCB/PCC and CPCB, not leaving the matter with the things at state level alone. SPCBs/PCCs/CPCB and the (SPCBs/PCCs/CPCB: continuous petitioner Shri Sanjay Parikh, activity) Adv. The Committee 2. CPCB should update national recognised the monitoring of priority list of such confirmed this aspect has a large scope contaminated sites. (CPCB: and the committee intends to continuous activity) focus on this specific issue in 3. Concerned SPCBs/PCCs shall coming days. In the mean- identify the responsible time committee has made person/industry, for each of these following preliminary contaminated sites for suitable observations and record the application for polluter pays need of immediate principle for the remediation interventions. programme in line with the CPCB a. MoEF&CC/CPCB have identified total 329 potentially for Environmental Damages & hazardous waste Disposal of Hazardous Waste and contaminated sites and SPCBs/PCCs: Immediate subjected them for screening and continuous activity) based on verification by the 4. Both SPCBs and CPCB shall SPCBs. After the verification continue the process of by SPCBs, the total 144 sites identification of probable have been identified as contaminated sites and subject contaminated sites and 57 them to identification criteria and sites are still under decide their status as well as scope evaluation. The Committee is and extent of such contamination. of the opinion that the This process is a dynamic and need identification of the to be a regular feature of contaminated sites is an enforcement. (SPCBs/PCCs and elaborate process involving CPCB: continuous activity) objective criteria and standard 5. In case of the contaminated sites protocols. It is expected that where the polluter is not identified, SPCBs and CPCB shall follow the State/UT Government would be such objective criteria and required to finance remediation of standard protocol to identify such sites to safeguard the people the contaminated sites and living in contaminated areas from also to assess their scope and adverse health effects, in terms of extent of contamination. their constitutional responsibility to b. Out of 144 identified protect and improve the contaminated sites, CPCB has environment. prioritised 8 sites for which (States/UTs Government and DPR for assessment and SPCBs/PCCs) 6. SPCBs/PCCs need remediation has been to initiate immediate intervention prepared. However, there is measures for containing immediate an urgent need to execute this threats from existing contaminated remediation plan on top sites (in both active and inactive priority. The Committee has sites) and also further ingress of been informed that the HW. (SPCBs/PCCs: immediate) required financial resources for such remediation have not been mobilised so far. c. There is a change in number of such identified sites over the period which

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could be due to listing/ delisting of probable contaminated sites as a result of increased enforcement and monitoring activities, and variations in criteria. 8. Impact of other regulations SPCBs/PCCs and CPCB need to (Details in Chapter 4 take cognizance of these aspects Section 4.2) while enforcing the relevant rules The committee notes that HW and also, preparation of HW resulting from enforcement of inventory and other interventions. other regulations like E-waste, (SPCBs/PCCs and CPCB) SW rules etc are presently not accounted in the HW management plans under HW rules. Committee finds a need to consider impact of other regulations while planning HW management including preparation of inventory and assessing the impacts. a. As per E-waste regulation, in case of fluorescent and other mercury containing lamp where recyclers are not available, such waste is channelized to common TSDF for disposal after pretreatment/immobilization of mercury. Such waste should also be accounted into HW inventorisation. b. In case of solid waste rules, there is a separate category of domestic HW which is expected to be disposed in the Common Hazardous facility, however, there is no data or information available on the quantity and quality of such domestic HW available so far. 9. Import and export. (Details Committee would deliberate on this in Chapter 4 Section 4.6) issue further for making detailed a. Harmonization of Basel recommendations. Still however, codes with ITC (HS codes): following recommendations on co- The Ministry (MOEF) provides ordination and data management permission on the basis of are made; Basel codes while DGFT uses 1. There is need to synchronise HS codes. There is a need to Basel code and HS codes to cover synchronize the two codes to all scheduled items as per HW rules avoid confusion. in customs verification and control b. Risk management more effectively. (MoEF&CC, assessment: The customs Custom and Port Authorities) authorities use the risk 2. CAG has come out with details of management system (RMS) to illegal HW import and its storage in enable low risk consignments ports and ICDs. This needs to be to be cleared based on the verified on priority and action be taken for disposal of the same in self-assessment and without examination. Roughly 30 Supreme Court. (Custom and Port percent of containers covered Authorities) under risk management out of 3. Improve traceability of importers:

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which 10 percent are The Customs authorities could physically verified. There are make the registration process of different types of waste importers more stringent as there streams which have not been have been cases where importers integrated in the RMS. There have never been able to be traced is a need to review the when their illegal imports were import/export data of various intercepted (MoEF&CC, DGFT, waste streams and include Custom and Port authorities) them in RMS. Further, waste streams in Schedule III Parts A, B and D and Schedule VI that are often mis-declared by importers need to be identified and added to the RMS. c. Collaboration between regulating authorities: Regular interaction between the Ministry of Environment, Forest and Climate Change, CPCB, SPCBs/PCCs, customs and ports authorities should take place with frequent consultative meetings and trainings in order to avoid working in silos. 10 Capacity building in CPCB 1. Each of the and SPCBs/PCCs and other SPCBs/PCCs/Custom/TSDF, as agencies (trained adequate listed in report, need to have at manpower, laboratory, least one laboratory where all HW budget) (Details in Chapter parameters as required under the 4 Section 4.7 and 4.8) Rules can be analysed. (SPCBs/PCCs/Custom/TSDF: 06 months) 2. Capacity building in SPCBs/PCCs for rapid preliminary assessment of contaminated sites, which may include practical training on use of tools for soil and groundwater screening such as hand-held XRF instruments, Colorimeter, PID for VOCs/ SVOCs, hand operated augers, groundwater pumps, level meters, etc. (CPCB: 06 months) 3.SPCBs/PCCs and CPCB needs capacity building in terms of qualified and experienced manpower and also, tools and techniques for effective governance. Committee is informed about steps being taken by SPCBs and would review the same in detail. (MoEF&CC, State/UT Government, CPCB and SPCBs / PCCs: Immediate)

11. Duties performed by 1. There is need to sensitize State/UT Govt. as stipulated State/UT Govts. about duties under the HOWM Rules, required to be performed by the 2016 (Details in Chapter 5) concerned department/agency as The State Govts. have been stipulated under Rule 5(1), 5(2),

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entrusted with duties of 5(3) and Schedule VII of the HOWM authorising Dept. of Rules, 2016. Industry/other Govt. agency and Dept. of Labour/other directions in this regard. Govt. agency with regard to (All State/UT Govts.: Immediate) allocation/earmarking of industrial space, recognition/ registration/ health & safety/etc. of workers involved in recycling/ preprocessing/ other utilization activities of HW and submission of integrated plan under Rule 5(1), (2) and (3) respectively: The State Govt. has also been entrusted with duties of identification and notification of sites for common TSDF and publishing periodically inventory of disposal sites as stipulated under Schedule VII of the HOWM Rules, 2016. It has been observed that actions have not been taken on the above (except identification and notification for common TSDFs in few States) by the State/UT Govt. and there is lack of awareness among them in this regard.

5. Having regard to the sensitiveness of the issue and impact of non-

compliance on environment and public health, the above

recommendations need to be fully implemented and monitored by the

Chief Secretaries at State Level and by the MoEF&CC and CPCB at

national level.

6. The affidavit of CPCB further states that the Committee has not

covered all the aspects and certain other aspects which remain to be

considered include contaminated site, capacity building of regulators,

issues related to import and export of hazardous waste etc. for which

further time of six months is required.

7. We are of the view that the Committee must complete its task

expeditiously within three months from today. In view of the fact that

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two months have already gone by after the affidavit was filed, its final

report may now be submitted on or before 31.07.019.

8. It is made clear that if the progress in implementation of the Rules is

not found to be adequate, the States may be required to furnish

performance guarantees to comply with the Rules in a time bound

manner.

9. CPCB may determine the scale of compensation to be recovered for

violation of the Rules within one month from today and furnish a

report to this Tribunal by-email at [email protected]. CPCB may

furnish final action taken report in the matter on or before 15.08.019

by e-mail at [email protected].

10. The Chief Secretaries may look into the issue of capacity building of

the SPCBs/PCCs to deal with the issue of compliance of the Rules.

List for further consideration on 26.08.2019.

Adarsh Kumar Goel, CP

Dr. Nagin Nanda, EM

April 12, 2019 Original Application No. 804/2017 (Earlier O.A. No. 36/2012) DV

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Item No. 01 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Original Application No. 360/2018 M.A. No. 823/2018) (SLP (Civil) No. 2959/2014)

(With report dated 22.02.2019)

Shree Nath Sharma Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 26.09.2019

CORAM: S.P WANGDI, JUDICIAL MEMBER MEMBER

For Applicant(s): Mr. S.K. Bhattacharya, Advocate with Shree Nath Sharma, in person

For Respondent(s): Mr. Gautam Singh, Advocate for State of Rajsthan

ORDER

1. The issue for consideration is the steps for remedial action for

enforcement of environmental norms at Bharatpur, Rajasthan.

2. The matter was initiated by way of writ petition before the Rajasthan

High Court with reference to pollution of Sujanganga river which is

surrounded by a historical Fort. The High Court transferred the writ

petition to this Tribunal

Supreme Court.

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3. Vide order dated 31.07.2018, the Tribunal referred to the order of the

High Court dated 14.11.2011 in C.W.P. No. 065/96 directing removal

of encroachments. The High Court noted that out of 860

encroachments, 760 had been removed. It was directed that hospital

waste be segregated, traffic plan prepared and air and water quality

tests conducted. The direction also required the steps for restoration

for the Bharatpur canal.

4. The Tribunal directed the Collector and the District Magistrate,

Bharatpur to take further remedial action.

5. Accordingly, an affidavit of compliance has been filed by the

Commissioner, Municipal Corporation, Bharatpur annexing a status

report from the Collector/District Magistrate dated 22.02.2019. The

report deals with the compliance of direction for segregation of

hospital waste, traffic action plan to check vehicular pollution, noise

control plan, pollution control system for control of pollution of

Sujanganga river, conservation and restoration of Fort and repair of

Moatwall, installation of incinerator, sewerage system and monitoring

mechanism, including holding of monthly meetings.

6. In view of above, steps having been taken, the immediate problem

may appear to have been addressed. However, enforcement of

environmental norms is a continuous requirement. The District

Magistrate, CPCB and the SPCB may consider further necessary

action which may be coordinated by the SPCB. First meeting for the

purpose may be held within one month from today and the matter be

finalized within two months. This Tribunal in O.A. No. 606/2018,

while dealing with the compliance of Municipal Solid Waste

Management Rules, 2016 also flagged other issues and required

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monitoring at the level of the Chief Secretaries and the District

Magistrates. The Chief Secretaries of all the States/UTs have

appeared before this Tribunal, including the Chief Secretary of State

of Rajasthan and directions have been issued for continuous

monitoring and filing of further reports.

7. Vide order dated 12.09.2019, while fixing a schedule for further

appearance of the Chief Secretaries of all the States/UTs, direction

has been issued to compile information with reference to the following

specific thematic areas viz.:

Compliance to Solid Waste Rules including Legacy Waste.

Compliance to Bio-medical Waste Rules.

Compliance to Construction & Demolition Waste.

Compliance to Hazardous Waste Rules.

Compliance to E-waste Rules.

351 Polluter Stretches in the country.

122 Non-attainment cities.

100 industrial clusters.

Status of STPs and re-use of treated water.

Status of CETPs/ETPs including performance.

Ground water extraction/contamination and re-charge.

Air pollution including noise pollution.

Illegal sand mining.

Rejuvenation of water bodies.

8. Such information is to be furnished to the CPCB by the Chief

Secretaries of all the States/UTs indicating:

Current status

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Desirable level of compliance in terms of statutes.

Gap between current status and desired levels.

Proposal of attending the gap with time lines.

Name and designation of designated officer for ensuring

compliance to provisions under statute.

9. Since CPCB is to file updated report by 15.11.2019, the Chief

Secretaries of all the States/UTs may furnish such information by

31.10.2019.

10. We may also refer to order dated 15.07.2019 in O.A. No. 710/2017,

Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur &

Ors. directing as follows:

We find it necessary to add that in view of Constitutional provisions under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned. The monthly report of monitoring by the District Magistrate may be furnished to the Chief Secretary and may be placed on the website of the District and kept on such websites for a period of one year. This may be made operative from 1.08.2019. Compliance of this direction may also be seen by the Chief Secretaries of the States/UTs. This may not only comply with mandate of law but provide an institutional

11. To facilitate preparation of such District Environment Plan, it will be

appropriate that CPCB prepares a Model/Models and places the same

on its website which may be adopted with suitable changes as per

local requirements for all Districts in the country and monitored by

the Chief Secretaries with reports to the Tribunal in O.A. No.

606/2018.

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12. The Department of Environment of all States and Union Territories

may collect such District Environment Plans of their respective States

covering the specific

thematic areas referred in Para-7 including information as contained

in Para-8 and template of Model/Models District Environment Plan

Environment Plan shall be monitored by the respective Chief

Secretaries of States and Administration of UTs. Let this action be

completed by 15.12.2019 and compliance be reported to the Tribunal

by 31.12.2019.

13. Based on States and UTs Environment Plans, MoEF&CC and CPCB

nvironment Plan accordingly. Let the

Secretary, MoEF&CC and Chairman, CPCB steer the preparation of

31.01.2020 and compliance be reported to the Tribunal by

15.02.2020.

Let the copy of this order be sent to the Secretary, MoEF&CC,

Chairman, CPCB, All Chief Secretaries of States and Administrators

of all the Union Territories by e-mail for compliance.

The application is disposed of except for further monitoring of the

matter in O.A. No. 606/2018.

Adarsh Kumar Goel, CP

S.P Wangdi, JM

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K. Ramakrishnan, JM

Dr. Nagin Nanda, EM September 26, 2019 Original Application No. 360/2018 DV

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