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District Environment Plan Giridih (Jharkhand)

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District Environment Plan Giridih (Jharkhand) 2020 District Environment Plan Giridih (Jharkhand) DISTRICT ADMINISTRATION, GIRIDIH NATURE TO LIFE SAVE ENVIRONMENT – SAVE PLANET – SAVE LIVES District Environment Plan - Giridih Index Abstracts 2 Background 3 – 8 District Profile 9 - 13 Waste Management Plan 14 - 24 Industrial & Hazardous Waste Control 25 – 27 Sewage Treatment Plan 28 - 29 Conservation of Water bodies 20 – 34 Water Quality Management Plan 34 – 35 Air Quality Management Plan 36 Mining Activity Management Plan 37 -38 Noise Pollution Management Plan 39 1 Page District Environment Plan - Giridih Summary ThisDistrict Environment Plan is prepared in line with the instructions of the Honble National Green Tribunal under the guidance of the Deputy Commissioner, Giridih. The newly constituted District Environment Committee interacted through a consultative process with different stakeholders and line agencies to get an detailed overview of environmental management related issues, challenges and potentials to translate into a doable action plan. The plan has duly considered various waste management rules notified by the Ministry of Environment, Forest and Climate Change under the Environment Protection Act to manage the waste and prevent and control environmental risks. As per the directives of honble NGT the plan has considered all the seven environmental management areas viz. waste management wrt solid waste, bio-medical waste, construction and demolition waste, hazardous waste and e-waste, water quality management plan, Domestic sewerage management plan, Industrial waste Water management plan, Air pollution management plan, Mining activity management plan and noise pollution management. Following considerations have been made in this district environment plan – The present plan aims for an immediate period of 2 years to make it dynamic and open for periodic review and modifications. Community engagement and civic responsibilities needs to promoted for community ownership for effective implementation and target achievements. Existing rules and notifications needs to further reviewed in finalization of the micro-plans for each of the component for highest level of compliance. All responsible stakeholders are expected to report the District Environment Committee at regular intervals about the progress in their key responsibility areas. Each stakeholder should explore adequate schemes and resources within their reach to dovetail with the Environmental action plans and strive to fully or partially adapt the recommendations in their regular business. The planning experience has highlighted need of a robust database at micro as well as meta level and therefore adequate attention has been paid to plan a data collection process for validating the baseline and regular tracking of progress with benchmarks. 2 Page District Environment Plan - Giridih Background Hon’ble National Green Tribunal, New Delhi has passed an order on 15.07.2019 in O.A. No.710/2017 titled as Shailesh Singh Versus Sheela Hospital and Trauma Centre Shahjahanpur that “it is necessary to have a District Environment Plan to be operated by the District Committee with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and suitable officers 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.” Further Hon’ble National Green Tribunal passed an order on 26.09.2019 in OA No. 360/2018 titled Shree Nath Sharma Vs. Union of India &Ors. That “The Department of Environment of all states & Union Territories may collect such District Environment Plans of their respective States and finalize the ‘State Environment Plan’ covering the specific thematic areas. Let this Action Plan be completed by 15.12.2019 and compliance be reported to the Tribunal by 31.12.2019.” In this regard, Principal Secretary to Government / Chairman (FAC) vide D.O. letter dated 26.07.2019 requested District Collectors to prepare District Environmental plans by constituting 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 Collector / District Magistrate twice every month and shall host the same in the website for a period of one year on or before 01.08.2019 & furnish monthly progress report to Chief Secretary to Government every month and copy of the same earmarked to Jharkhand State Pollution Control Board accordingly. In this regard, Principal Secretary to Government Forest, Environment & Climate Change department vide letter no. 487 dated 07.02.2020, Special Secretary to Government Forest, Environment & Climate Change department vide letter no. 4869 dated 26.12.2019 and Deputy Secretary to Government Forest, Environment & Climate Change department vide letter no. 4871 dated 26.12.2019 and letter no. 1660 dated 24.06.2020 requested Member secretary of the District Environment committee to prepare District Environmental Plans. The plan will cover the thematic areas such as: 1. Waste Management Plan a. Solid Waste Management 3 b. Plastic Waste Management Page District Environment Plan - Giridih c. Construction & Demolition Waste Management d. Bio-Medical Waste Management e. Hazardous Waste Management f. E-Waste Management 2. Water Quality Management Plan 3. Domestic Sewerage Management Plan 4. Industrial Waste Water Management Plan 5. Air Quality Management Plan 6. Mining Activity Management Plan 7. Noise Pollution Management Plan As per the directions and departmental letter 2173 dated 30-07-2020, aDistrict committee was formed in Giridih district under the chairmanship of the Deputy Commissioner, Giridih comprising of following members to evolve and execute District Environmental Plan – Sl Name 1 Deputy Commissioner, Giridih 2 Divisional Forest Officer, Giridih East Division 3 Divisional Forest Officer, Giridih East Division 4 City Comssioner, Giridih 5 Deputy Development Commissioner, Giridih 6 Director, DRDA, Giridih 7 District Agriculture Officer, Giridih 8 District Soil Conservation Officer, Giridih 9 Executive Engineer, Minor Irrigation Division, Giridih 10 District Mining Officer, Giridih 11 One NGO representative with excellent work in this sector 4 Page District Environment Plan - Giridih PRINCIPLE OF SUSTAINABLE DEVELOPMENT: Perhaps the most important decision of the Supreme Court in relation to sustainable development was the Vellore Citizens Welfare Forum v Union of India case. In this PIL it was alleged that untreated effluents was discharged by tanneries in the state of Tamil Nadu into agricultural field, waterways, etc which finally entered into the river and polluted its water. The Court in arguably the most significant judgment of its kind in relation to environmental law rejected the conventional doctrine that development and environmental are irreconcilable. The Court highlighted the fact that in the two decades from Stockholm to Rio sustainable development has emerged as a viable concept to balance development and the ecosystem. The Court recognized the fact that sustainable development has been accepted under customary international law as a balancing concept between ecology and development. Further the Court also referred to the precautionary principle and the polluter pays principle as having assumed fundamental principles of international environmental law. The Court also pointed out that these concepts are also implied in constitutional provisions such as Article 47, 48A and 51A(g) as well as legislations such as the Water Act. PRECAUTIONARY PRINCIPLE: Precautionary principle rests upon the preventive aspect of environmental law. The crux of the precautionary principle implies that, even where there is no scientific evidence suggesting that there might be potential harmful effects in respect to a particular theory, precaution should be taken. In other words, discharge of pollutants, which are potentially harmful, must be controlled, even in the absence of specific data concerning it. The precautionary principle, as applied by the Court in the Vellore Citizens’ Case imposed an obligation on every developer, industry as well as governmental agency to anticipate, prevent and attack the causes of environmental degradation. The Court also held that if there are threats of serious and irreversible damage then any lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. The Court also emphasized on the fact that the onus of proof will be on the actors to show that their action has no detrimental effect on the environment. THE POLLUTER PAYS PRINCIPLE: The Polluter Pays principle was also recognized in the Vellore Citizen’s case and this principle has been recognized in a number of international agreements including the Rio declaration. This principle can be evaluated from two main aspects. On one hand it is used as mechanism for providing compensation. On the other hand it is also used as a preventive mechanism. So this principle adopts a two pronged approach as it acts as compensatory in nature as it mandates that the polluter should pay for
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