Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 Does the Polluter Pay? Case Study - : Scotland of the East

Col (Dr) Gaurav Bhatia1, Arundhati Bhatia2, Abhimanyu Bhatia3 and Ranju Bhatia4 1(Chitkara Business School, Chitkara University) 2(Student, Five Year Integrated Law Course, Army Institute of Law, Mohali, SAS Nagar, Punjab) 3(Chitkara Business School, Chitkara University) 4(Faculty, Satluj Public School, Panchkula) Abstract: Being a typical tourist destination the Shillong Metropolitan Region includes eleven small towns. Till Jun 2015 the disposal of garbage was being done by residents and commercial establishments in garbage dumps. The Shillong Municipal Board (SMB) instituted a concept of “free doorstep collection of segregated garbage” by mobile vans. The segregation, storage at source and subsequent collection of garbage from the various localities is facilitated by the Asian Development Bank (ADB) MoU funded by the North-Eastern Region Capital Cities Development Investment Program (NERCCDIP); complimented with the “Polluter Pays Principle (PPP)”, wherein both the state government and the local “Dorbar” have ownership of the process. The paper tries to establish the success or otherwise of the implementation of the “Polluter Pays Principle (PPP)” in the Shillong Metropolitan Region to include its contribution towards the “Swachta Abhiyan” and capability to generate a source of reliable funding to keep Shillong clean. Keywords: Swachta Abhiyan; City Preparedness; Polluter Pays Principle; Segregation of garbage; Local Government. (Abstract: Total Words – 148) ______

I. INTRODUCTION Shillong town, (25°34'8.11"N, 1°52'59.27"E) was established in the year 1864 by the British Government. The rolling hills around the town reminded the early European settlers of Scotland, and they colloquially referred to the area as the "Scotland of the East", due to its striking similarity with the Scottish Highlands. The romantic city of Shillong is one of the important tourist places of North East and is also the “Rock Capital of India” (Borthakur, 2014). Shillong was capital for composite during the British regime and later till a separate State of was formed. Meghalaya is one of the smallest states in India. Shillong was nominated as the capital city of Meghalaya. Shillong is also known as "The Abode of Clouds". It is the headquarters of the East Khasi Hills district and is situated at an average altitude of 4,908 feet above sea level, with the highest point being Shillong Peak at 6,449 feet. Physical geography of Shillong is known for its ever-green panorama and cold to moderate climate. Demographics of Shillong Region Shillong is the 330th most populous city in India with a population of 211,530 (Office of the Registrar General & Census Commissioner India, 2019) of which 49% are males, 51% females. The average literacy rate was 93%, the male literacy rate is 95%, the female rate 91%. Christianity is the dominant religion in the city, practised by 46% of the population, followed by at 42%, Islam 5%, and to a lesser degree Sikhism, Buddhism and Jainism. (Census of India, 2011; Government of India, 2011). Khasis make up the majority of the population though the percentage of in the city continues to fall as a result of the large number of migrants from other Indian states continues in the city. The population of Khasis in Shillong was 65.22% of Shillong population (Office of the Registrar General & Census Commissioner India, 2011). All the other North East tribes such as Nagas, Garos, Pnars, Hajong people, Kukis, Manipuris, Lalungs, Karbis and Mizos etc. are represented here as well as significant numbers of Assamese, , and a bit of Nepalis, Biharis, Marwaris, Punjabis and Muslim people making it a fairly cosmopolitan city. Shillong: Scotland of the East The paper discusses the concept of “Polluter Pays Principle (PPP)” as a case study for the city of Shillong: a typical hilly tourist destination. The Shillong metropolitan region, includes the towns of Lawsohtun, Madanrting, Mawlai, Mawpat, Nongkseh, Nongmynsong, Nongthymmai, Pynthorumkhrah, Shillong Cantonment, Umlyngka and Umpling. These towns over a period of time have merged into one composite “Shillong Metropolitan Region” with all the attending problems which plague a hilly tourist hot spot. The crowded town, with commercial and http://indusedu.org Page 1 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 domestic areas competing with each other in the same maze of narrow bylanes - is a story often repeated in every locality of the state capital. The quantum of daily garbage being produced sharply varies as per the tourist season, but the criticality lies in ensuring the collection and disposal of the organic and inorganic garbage dumped all over the city. Demographic details (Office of the Registrar General & Census Commissioner India, 2019) of the Shillong Metropolitan Region are enumerated hereunder - Town Type Population Lawsohtun Census Town 8,214 Madanrting Census Town 29,194 Mawlai Census Town 55,012 Mawpat Census Town 6,184 Nongkseh Census Town 4,846 Nongmynsong Census Town 15,017 Nongthymmai Census Town 38,004 Pynthorumkhrah Census Town 27,219 Shillong Cantonment Cantonment Board 11,930 Umlyngka Census Town 7,381 Umpling Census Town 8,529 Shillong Municipality covers 27 wards (33 traditional localities and 5 localities in Normal Areas) over an area of 10.36 sq km with a population of 211,530 as per data collected in 2019 (Shillong Municipal Board, 2015a, 2015b). The area over which the Shillong Municipal Board (SMB) is responsible for service delivery is only about 25% of the Shillong Urban Agglomeration and caters to 50% of the total population.

Figure 1 – Administrative Units – Shillong

Source : (Shillong Municipal Board, 2015a)

II. REVIEW OF LITERATURE A deliberate study and research of the subject were undertaken from Oct 2018 onwards by the team of authors and a host of reference material and existing literature reviewed to understand the various facets of the issue under assessment. Various important international conventions, protocols and major national policy framework documents, guidelines were referred to and these formed the bedrock of the understanding of the institutional framework of the subject of Solid Waste Management in various cities of India. A deliberate look was also taken of the various development programmes / MoUs (Macdonald, 2013) which were under implementation in the chosen city of Shillong. Search Strategy

http://indusedu.org Page 2 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 The Literature Review was conducted under the heads of Swachta Abhiyan; Polluter Pays Principle; Garbage Bin distribution; Segregation of garbage; Collection and Transportation of garbage; Compaction of collected garbage; Processing and treatment of garbage and Local Government - for ease of assimilation. The literature review was assisted by the availability of a large variety of e-journals and associated online resources from North-Eastern Hill University (NEHU), Shillong; State Central Library, Shillong and the Knowledge Centre at Indian Institute of Management (IIM), Shillong. A methodical review of relevant databases was undertaken using varied combinations of the keywords listed above.

III. RESEARCH DESIGN AND METHODOLOGY The Research Design and Methodology adopted for the research was engineered to meet the requirements of time criticality, the economy of effort and exactitude. To assess the status of the success or otherwise of the Solid Waste Management initiative coupled with the “Polluter Pays” initiative of the SMB, a two-pronged approach was utilised. A deliberate, detailed appraisal of the best practices being followed in this regard all over the world was gleaned from a broad-based literature review and the initiative of SMB was evaluated against them (Ambec and Ehlers, 2016; Shastri, 2000; Stoczkiewicz, 2010; World Bank, 2007). To gauge the Community Awareness quotient and assess the views of the general public in Shillong about this initiative a specially formulated questionnaire (https://forms.gle/q46rXuSkE2LabPSk9) (Bhatia, 2019) was designed. In order to ensure that the questionnaire was comprehensive, covered all dimensions of the intended study, and was appropriate to the task at hand, the questionnaire was tested as a Pilot and thereafter administered using Google Forms over the internet, specifically to the general public of Shillong. The questionnaire is appended at Appendix.

IV. DATA ANALYSIS The entire statistical analysis for the data collected was done with the help of IBM SPSS Version 24.0. The statistical technique used is Descriptive Statistics (Norušis, 2008). The Polluter Pays Principle (PPP): Legal Interpretation The PPP is an expansive idea with different meanings relying upon particular settings. In domestic law, the PPP expresses that contaminating substances are legitimately and financially in charge of the harms caused as a result of their contamination (Sommers, 2008). On the other hand, in a global aspect i.e. International law, the Organization for Economic Cooperation and Development (OECD) recommends a semi-regulatory regime of ecological tax collection for the utilization of the polluter pays principle (Humphreys, 2018). As per the OECD, organizations are taxed as per the amount of contamination they produce (World Bank, 2007). Theoretically speaking, the polluter pays principle is a model for allocating and subsiding natural damage and requires the responsible individual, firm, or country to hold up the expenses of contamination. Without this principle, the expenses of natural harm fall on the general people, either through tax assessment to sponsor the clean-up or diminished environmental quality. In the lawful sense, the polluter pays principle epitomizes the general even-handed idea that contaminating elements should bear the expenses of their contamination. International Perspective. The 1972 OECD Council Recommendation added the PPP to come up with control measures to advance the parsimonious utilization of ecological assets and to allocate the expenses of contamination caused. The PPP was affirmed again as a Fundamental rule for the Member States amid the 1974 OECD Council Recommendation on the Implementation of the Polluter-Pays Principle. The polluter pays rule was likewise embraced in the ASEAN Agreement on Conservation of Nature and Natural Resources received in 1985. Through the perspective of global law, the PPP is cherished in Principle 16 of the Rio Declaration, which expresses that 'the polluter should, bear the expense of contamination. The United Nations Conference on Environment and Development, 1992 in Principle 15 consolidates the PPP. Thus, even while being universally recognized, it hasn’t yet accomplished an acknowledgement which it has the right to get. Its position is presently ostensible in global law, and it should be changed into more grounded and stringent. Indian Perspective. In Indian environmental law, the 'Polluter Pays' Principle incorporates ecological expenses just as immediate expenses to individuals or property. The Supreme Court of India inexplicitly connected the PPP on account of M.C. Mehta v. Association of India in the year 1986. It was proclaimed by the court that 'we need to advance new standards and set down new rules, which would sufficiently manage the new issues which emerge in an exceedingly industrialized economy'(Luppi et al., 2012; Mauerhofer et al., 2013; Trehan and Mandal, 1998). The criticalness of this judgment lies in the court's plan of the guideline of the proportion of liability of industry occupied with 'unsafe or hazardous perilous exercises'. Such a measure must be related to the extent and limit of the undertaking. Also, the court coordinated the business either to move from the present area or develop a green belt around it as a conditioning point to restart the business.

http://indusedu.org Page 3 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 Past vs Present: The Evident Change Till Jun 2015 the disposal of garbage was being done by residents and commercial establishments into conveniently located garbage dumps, which would more often than not be overflowing and be the hot-beds for flare-up/outbreak of vector-borne and contagious/non-contagious diseases. With the change in the political hierarchy of the state and the enhanced focus on “Swachta Abhiyan”, a positive change was conceptualised and instituted under the overall leadership of Mr Donald Philips Wahlang, Principal Secretary, Urban Affairs Department ably assisted with Mr Batlang Sohliya, CEO, SMB and his key operative Mr F B Chyne, Executive Engineer, SMB to institute a concept of “free doorstep collection of segregated garbage” by mobile vans. Past. Shillong became the headquarters of the British Administration in 1876 and was upgraded to a municipality in November 1910. Ever since then the city has continuously expanded in terms of built-up area and population. Since 1938 the waste was simply dumped in a gorge located at the Riatkhwan Reserved Forest at Mawlai, which is now commonly known as Marten. Till the 80’s the waste generated consisted mostly of degradable components, whereas now about 60 per cent of it consists of non-degradable matter and inerts. Thus, it is found that the impact on the disposal site is far greater in the last three decades and the 18-acre site is now almost saturated to the brim. Since the early 2000’s there have been many occurrences of the garbage sliding down onto the old GS Road and further down to the Umiam Lake. The problem is further compounded by the non-availability of an alternative site, in spite of the Government’s effort to identify and acquire a new site. Present. The 21st century has been characterised by a stark difference in the living habits of the people, which also reflects in the waste generation – quantum/characteristic. As per a recent estimate, it was found than in a city like Shillong every person generates about 400 gms of waste per day, which means about 200 Metric Tonne of waste is generated in the city per day. Out of this 200 MT, only about 130 tonnes is disposed at the dumping ground at Marten. The remaining 70 MT is found on street corners, drains and streams! It appears that the urban population of Shillong is existing amidst heaps of garbage! Figure 2 - Garbage Heaps in localities

Source : (Shillong Municipal Board, 2015a) A solution to this problem had to be found and fast. The Asian Development Bank (ADB) MoU funded by the North-Eastern Region Capital Cities Development Investment Program (NERCCDIP) (Macdonald, 2013) became the vehicle for this change. The first step lay in running an extensive community awareness programme using all the means at the disposal of the state government. Namely – Roadshows, Slogan competitions, Signboard, Newspaper, Television, Word of Mouth and the extensive power of the Social Media. Community Participation and Awareness Generation. In collaboration with the various Dorbar Shnongs (local RWA lookalikes), an intensive awareness campaign was taken up under the North Eastern Region Capital Cities Development and Investment Program funded by ADB and MOUD, to educate citizens on best practices of waste management and to encourage them to segregate waste at source. Altogether more than 827 locality awareness programs and public consultation meetings were held. Routine meetings were also periodically held with all the Dorbar Shnongs - whereby their cooperation and assistance was sought. To further seek the cooperation of the public and citizens in keeping the city clean, the SMB is planning to air awareness slogans and information through radio stations and social media networks.

http://indusedu.org Page 4 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 Community Awareness Survey. The community view about the success of this initiative by the SMB was collated using a Google Docs based survey. The target population of SMR was 211,530 (Shillong Municipal Board, 2015a, 2015b). Since 50% of the SMR population resides in nearly 25% of the total area of the SMR, which in turn corresponds with the area covered by the SMB – the population to calculate the recommended sample size is hence taken as 105,765. [(211530 / 2) = 1,05,765].  Use is made of the undermentioned formula (Krejcie & Morgan, 1970) 2 X * N * P * (1 - P) n = ——————————————— (ME2 * (N-1) + (X2 * P * (1 - P)) Where n = sample size X2 = Chi-square for the specified confidence level at 1 degree of freedom N = Population Size P = population proportion (.50 in this table) ME = desired Margin of error (expressed as a proportion)

Figure 3 - Graphical Data: Community Awareness

Source: (Bhatia, 2019)

 The recommended sample size for a population of 1,05,765 with a confidence level of 90% is 270.  Deductions – Community Awareness Survey. o The data collected during the survey from 267 respondents, including the Demographic profile of the sample has been presented hereunder - graphically. http://indusedu.org Page 5 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 o The conclusion of the Community Awareness drive clearly shows that the general public is committed to the concept of creating a “Green Shillong – Clean Shillong”. o The SMB functionaries have ensured the on-ground implementation of the PPP - by collecting a sum of Rs 4.5 o Lakhs over the past year in fines from the public found in violation of the SWM rules 2016. o The two main reasons for which these fines have been collected are for indiscriminate burning of waste and materials into the local water bodies. o The entire SMR is dotted with many signboards which specify the concept of SWM and indicate the penalties which would be levied. A sample is indicated hereunder.

Figure 4 - "Polluter Pays" Signboard: Displayed in Shillong `Dorbars'

(Source: Authors Study)

Steps Taken In Shillong The Shillong Municipal Co-corporation have taken various steps with regards to storage and segregation of waste at source, transportation, treatment, and disposal. Storage and Segregation at Source. With assistance from the ADB-MOUD funded NERCCDIP, an intensive awareness campaign was started from 2012, to educate citizens to segregate degradable and non-degradable waste at source in order to enable the SMB to collect process and dispose of the waste properly and scientifically. The segregation at source started in all localities of Shillong Municipality in June 2015. The average percentage composition (on Wet Weight basis) of the city waste in Shillong consists of the following:- Compostable Matter 48.40 % Paper/Cardboard 10.91 % Rubber and leather 1.81 % Plastics 0.96 % Rags/textiles 2.85 % Wooden 1.85 % Metals 0.86 % Glass and Crockery 2.51 % Stone, Bricks and Inerts 29.85 % About 70-75 % of households are now segregating their waste at the source. Through the above- mentioned program, 31674 households were provided with two colour-coded bins (Blue – Inorganic waste / Green – Organic waste) for each household for the storage of segregated waste to be collected by the SMB.

http://indusedu.org Page 6 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 Figure 5 - The Green and Blue Garbage Bins & their Use by the Citizens

Source : (Shillong Municipal Board, 2015a) Collection and Transportation. The first step lay in demolishing all the garbage dumping sites located in the various localities / “Dorbars”. This was further augmented with a deliberately planned garbage collection programme by a fleet of 33 vehicles operating over 18 designated routes, collecting segregated household waste at a tri-weekly frequency from all areas within the Municipality. The SMB employs 235 sweepers, 33 mazdoors, 27 drivers and 67 lorry attendants for the purpose of collection, transportation and disposal of solid wastes including street sweeping and cleaning of roadsides and drains. The supervision of the waste management and street sweeping is entrusted to 16 Area Supervisors and Sanitary Inspectors.

Figure 6 - Sample: Pre Defined Route for Garbage Collection

(Source : (Shillong Municipal Board, 2015a, 2015b) All vehicles are covered during transportation in accordance with the SWM Rules 2016. Six more primary collection vehicles have been recently purchased with funds from the Swachh Bharat Mission to augment the collection mechanism.

http://indusedu.org Page 7 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10

Figure 7 - Garbage Collection Vehicle

Source : (Shillong Municipal Board, 2015b)

Treatment and Disposal. This facility is complemented with a dedicated programme built upon the “Polluter Pays Principle (PPP)”, wherein both the state government and the local “Dorbar” (akin to the modern-day Residents Welfare Association (RWA)), equally contribute towards ensuring that there is minimal littering in the areas controlled by the “Dorbar”. At the disposal site at “Marten”, the following developments have been taken up to ensure the proper treatment and disposal of solid waste:- A composting unit was set up with funds from the Swachh Bharat mission, to process segregated bio- degradable waste into compost during the interim period until the completion of the 170 TPD Compost Plant in Jun 2019. A sanitary landfill is being developed in two phases, the first of which was completed in April 2017. This ensures proper disposal of processing rejects and inert wastes. A Garage cum Workshop was constructed and completed in December 2017, to help in the maintenance of an effective fleet of collection and transportation vehicles. Contract Agreement for the construction of a 170 TPD compost plant was also signed in January 2017 and the works commenced to be completed by 2019.

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Source : (Shillong Municipal Board, 2015b) Reduced Littering. Steps have also been taken to ensure regular street sweeping, prevention of open dumping and littering and active community participation. These are as under:- Street Sweeping. The SMB is responsible for a daily sweeping of about 185.61 km of roads and footpaths in the city. For this, the SMB employs 235 sweepers out of which 33 are full time (paid on regular time scale basis) and 202 are contractual sweepers (paid on a lump sum of INR 3000 per month). The full-time sweepers are required to work on two shifts (6-12 and 2-4) and the contractual workers are working from 6 to 10 daily. The average length of road covered by one sweeper is about 750 meters which are higher than the prescribed standard of 400 to 500 meters per sweeper. The numbers of sweepers actually required to sweep all the roads as per norms are about 371. Even with this constraint, it is ensured that all roads are swept daily. The attendance and performance of the sweepers are monitored by Supervisors and Sanitary Inspectors who are mandated to ensure that all the roads and footpaths in the areas under his jurisdiction are cleaned daily. In most localities, the monitoring and supervision of street sweeping are being assisted by the local traditional institutions who certify the work carried out by the sweepers on a daily basis. Daily reports have been sought from the supervisory staffs and the officers with regards to the overall maintenance of cleanliness. The Supervisory staffs and the concerned officers have also been warned with stern action against dereliction of duty. Prevention of Open Dumping. The practice of open dumping on roadsides and open spaces has been quite a challenge to the SMB. Several methods have been applied to prevent this practice. Public notices prohibiting this practice have been issued from time to time and in this year itself, the notice has been published twice in the local dailies, with a stern warning against violators like hefty fine under the “Polluters Pay Principle” to the extent of being impleaded in the NGT cases on environmental pollution. More than 20 violators have caught and penalized from Rs. 500 to Rs.5000 each. The names of some violators have been published in newspapers and pictures of some of them have been posted on social media as a warning to others that dumping on public places is a shameful act. Signboards warning citizens and CCTV’s to identify habitual violators have also been installed at those places where the open dumping of garbage is rampant. http://indusedu.org Page 9 This work is licensed under a Creative Commons Attribution 4.0 International License Gaurav Bhatia et al., International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 10 Issue 01, January 2020, Page 1-10 The areas where dumping occurs have been manned on 24 hours’ basis but still, the practice continues. It is found that most of the people who openly dispose of their garbage in open dumps come from outside the municipality where there is the absence of an institutionalized mechanism or inadequate service for the collection of waste. As an additional attempt to put an end to the practice of open dumping in authorized places the SMB has employed a security agency to man the places where habitual dumping take place and to take action accordingly as per relevant laws. With the quick improvement of innovation and ventures, ecological corruption is unavoidable and managing it winds up essential for human presence. The issue heightens when economical parts of managing it becomes predominant, and the polluters pay standard aides in managing the later. We have seen the circumstances, how PPP has been useful both in a worldwide and national setting. What is required is the severe usage of the standard, which can change the circumstance to an expansive degree.

V. CONCLUSION The paper has attempted to examine the competing legal, economic and ethical aspects concerning the issue and using a case study format, tried to establish the success of the implementation of the “Polluter Pays Principle (PPP)” in the Shillong Metropolitan Region to include its contribution towards the “Swachta Abhiyan” and its inherent capability to generate a source of reliable funding to keep Shillong garbage free. Utilising the records existing in the SMB, an assessment of the major violations, number of incidents of violations, the quantum of households/people made to pay penal fines and the overall collection of fines – since inception, have been highlighted in the paper. It is quite evident that the SWM drive by the SMB in the SMR has been an unmitigated success. The way forward of this initiative can be enumerated in the following salient aspects - Policymakers to ensure an enabling regulatory compliance regime for SWM; Community – is the most important stakeholder; Well trained and organised feet on the ground are an inescapable requirement; Robust Penalty mechanism and Replication of the model in other cities with similar SWM problems., so as to make a dispassionate evaluation of the success or otherwise of the new initiative.

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