IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.657 OF 1995
The Research Foundation for Science,
Technology & National Resource Policy………Petitioner
Union of India And Others……….Respondents
AFFIDAVIT OF COMPLIANCE ON BEHALF OF MINISTRY
OF ENVIRONMENT & FORESTS AND THE MONITORING
COMMITTEE CONSTITUTED BY THIS HON’BLE
COURT VIDE ORDER DATED 14.10.2003
I, Dr. N. H. Hosabettu, Director (HSMD), Ministry of Environment & Forests (MoEF) and Member Secretary, Monitoring Committee constituted by this Honourable Court vide Order dated 14th October, 2003 do hereby solemnly affirm and state as under:
- That I am working as Director of Ministry of Environment & Forests and am the Member Secretary of Monitoring Committee constituted by this Honble Court and as such well conversant with the facts of the case. I am competent and authorized to swear in this affidavit on behalf of the Monitoring Committee as well as the Ministry of Environment & Forests.
- I submit that on 22nd January, 2004 the Monitoring Committee appointed by this Honble Court vide its Order dated 14th October, 2003, filed the first quarterly report for the period of October03 to January04.
- I submit that during the period Feb04 to Apr04 the Monitoring Committee held two meeting on February 23-25, 2004 and April 7-8, 2004 at Ahmedabad and Delhi respectively. During these meetings, the Committee held discussions with officials from the MoEF, the CPCB and SPCBs of 15 States. The Committee also visited the Hazardous Waste Treatment, Storage & Disposal Facilities (TSDFs) in Gujarat and Alang Shipyard.
- I submit that on the basis of the meetings and the reports received from the concerned agencies, the second quarterly Report has been prepared. A true copy of the same is being filed herewith marked as Annexure R-1.The said Report indicates actions taken and initiated by the Central Government, Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCBs)/Pollution Control Committees(PCCs) of Union Territories and other concerned agencies.
- I state that what is stated herein above is true and correct.
D E P O N E N T
I, the above named Deponent do hereby verify that the contents of Para Nos.1 to 5 of the above affidavit are true and correct to the best of my knowledge derived from the records of the case maintained in the office and nothing material has been concealed therefrom.
Verified at New Delhi on this 23rd Day of January, 2004
D E P O N E N T
Second Quarterly Report
(February, 2004 to April, 2004)
Monitoring Committee to oversee
Implementation of Directions of the Supreme Court
In the matter of
Writ Petition (Civil) No.657 of 1995
1.1 In the First Quarterly Report, submitted to the Honble Supreme Court, the Monitoring Committee had presented a summary of actions and programmes taken/initiated by the Ministry of Environment & Forests and other Central Ministries, Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees of Union Territories and other concerned agencies in compliance to the directives of the Court. The Monitoring Committee had also submitted to the Court that “the Committee is of the view that most of the directions of the Honble Court can and will be implemented within the specified time frames. However, the time limits specified by the Honble Court for some of the directions relating to issues such as preparation of rehabilitation plans for illegal dump sites, amendment of Hazardous Waste Rules, directions on Cleaner Technology, etc., may not be adequate. The Committee is, however, convinced of the intentions of the relevant bodies to implement the directions of the Court in letter and spirit.”
1.2 Subsequently, on 11th March, 2004, the Honble Court had considered the First Quarterly Report submitted by the Monitoring Committee and passed further directions and also entrusted additional responsibilities to the Committee with regard to the matter of illegal import of 133 containers of waste oil in the garb of lubricating oil by 15 importers. The Honble Court has directed the Commissioner of Customs to associate the Monitoring Committee while determining and adjudicating the cases.
1.3 During the reporting period (February-April, 2004), the Monitoring Committee has taken a number of steps to review the status of implementation of the Honble Courts directions by the concerned agencies. The Committee held two meetings on 23-25th February, 2004 and 7-8th April, 2004 in Gujarat and Delhi respectively. The meetings held in Gujarat were organised and coordinated by the Gujarat Pollution Control Board, and also included field visits to the Alang Ship Breaking Yard and various common Hazardous Waste Treatment, Storage and Disposal Facilities (TSDF) at Ahmedabad, Bharuch and Surat. Extensive interactive meetings were also held with the concerned agencies namely, Gujarat Maritime Board, Gujarat Ship Breakers Association, Iron Steel Scrap & Ship Breaking Association of India as well as the TSDF operators namely, M/s Naroda Enviro Projects Ltd., M/s Green Environment Services Cooperative Society Ltd., M/s Bharuch Enviro Infrastructure Ltd., Ankleshwar and M/s Gujarat Enviro Protection & Infrastructure Ltd., Surat. The Committee also reviewed the actions taken by the State Pollution Control Boards of Goa, Rajasthan, Madhya Pradesh and Chhattisgarh. The detailed minutes of the meeting and brief site visit reports are given at Annexure-I. In the 4th Meeting held at Central Pollution Control Board, Delhi on 7-8th April, 2004, the Committee reviewed the implementation progress of 7 SPCBs/3 PCCs of UTs, namely, State Boards of Kerala, Haryana, Punjab, Himachal Pradesh, Uttar Pradesh, Uttaranchal, Jammu & Kashmir and Pollution Control Committees of Delhi, Chandigarh and Pondicherry. The Committee also deliberated on a number of pressing and complex policy issues including changes in Hazardous Waste (management & handling) Rules, Elements of a National Policy Document on Hazardous Waste Management, Inventorisation of Hazardous Wates and Inventorisation & Rehabilitation of illegal dump sites, etc. The detailed minutes of the meeting are given at Annexure-II.
1.4During the reporting period, a Sub-Committee of the Monitoring Committee carried out further site inspections in Gujarat, Madhya Pradesh and Chhattisgarh for on-the-spot investigation of the Actions Taken by the respective Boards. The Sub-Committees findings have been deliberated in the fourth meeting of the SCMC and also have been communicated to the Chief Secretary of Government of Madhya Pradesh, SPCBs of Madhya Pradesh and Chhattisgarh for immediate compliance. The inspections have clearly brought to light that the implementation at ground level needs improvement and more concerted action is needed on the part of the State Boards. Site Inspection Reports of Sub-Committee are attached as Annexure-III and IV. Gujarat Pollution Control Board (GPCB) has already initiated/taken swift measures on the findings and recommendations made by the Sub-Committee. The GPCBs submissions and Action Taken Report in this regard is given at Annexure-V.
1.5 As stated above, pursuant to the directions of the Honble Court and the constitution of the Committee, the Committee or its Sub-Committee have visited different areas in the country to evaluate the ground realities in so far as management of hazardous waste is concerned. Committee has found in some of these areas that the indiscriminate dumping of hazardous waste due to non-existent or negligent practices together with lack of enforcement by authorities, has effected the ground water and, therefore, drinking water supplies have been damaged. Site inspections at industrial estates of Vapi, Ankleshwar and Vadodara in the State of Gujarat and Union Carbide Plant in Bhopal, Mandhya Pradesh, has revealed that the dumping of hazardous wastes or their neglect has resulted in total unavailability of ground water supplies. Committee is firmly of the view that Communities surrounding these areas have suffered deprivation of water supply for too long. The situation in all these areas has not changed even though it finds mention in the HPC Report submitted to this Honble Court in 2001. The Committee feels that unless this Honble Court directs the State Governments of Madhya Pradesh and Gujarat to immediately step in and supply fresh water in tankers or in pipes, for drinking and also for agricultural purposes, the present situation is bound to continue for several more years since de-toxification of the contaminated ground water resources strongly recommended by this Committee, will take a few years. Therefore, Honble Court may consider to issue appropriate directions to the State Governments of Madhya Pradesh & Gujarat to take following steps:
(i) Direct closure of all the hand-pumps and bore wells in the areas and wherever possible, these are to be permanently sealed. The project for decontamination of the ground water should be worked out within a time-frame. The water for agricultural purposes should be made available to the farmers 2 months prior to the closure of the bore wells which are contaminated.
(ii) The State Government of MP and Gujarat be directed to supply water to the affected communities through tankers on a daily basis at the cost of the Government and the concerned industry associations.
(iii) Within 6 months, the Government should release permanent water connections through pipes for drinking purpose and some appropriate arrangement for irrigation purposes so that the dependence on tankers is removed.
(iv) In those cases like Union Carbide and Vapi where there are already overhead tanks installed, the governments be directed to ensure the release of water within the span of 2 weeks, before the intensification of summer.
(v) The status report of contamination of water be prepared and based on that, action plan for decontamination of ground water also be made within a reasonable time frame.
For the above, the Committee will be grateful to the Honble Court.
2. Compliance Report
2.1 The second quarterly report of the Supreme Court Monitoring Committee on Hazardous Waste Management is being submitted to the Hon. Court as per the order dated 11.3.2004 wherein the Court has advised to file the reports having regard to the format in which the Petitioner has filed his comments. The format is taken from para 71 of the original order dated 14.10.2003.
2.2 The second quarterly report also contains certain directions, which are sought by the monitoring committee in order to expedite implementation in a timely manner of the directions of this Hon. Court. The Hon. Court may consider these directions and issue appropriate orders, as it deems fit.
3.0 ACTION TAKEN BY VARIOUS AGENCIES
|Sl. No.||Activity||Time Frame||Action Taken/Remarks|
|1,2 & 3||(1) Proposed changes in the HW Rules, 1989 as amended in 2003
(2) Review of List A Schedule VIII items BASEL Convention other than 29 banned items already included in HW Rules, 2003.
(3) Review of waste materials like used edible oil, cow dung, plastic scrap, used PVC in any form, PET bottles, etc., which are required to be banned.
(Directions at Sr.Nos. 1-3 deal directly or indirectly with amendments of the Hazardous Waste Rules. In addition, the judgement itself contains several directions in relation to the HW Rules.)
|4 months||Status: Not yet complied with. Substantial progress achieved. Reasons for delay in compliance are given below:
Subsequent to the order dated 14.10.03 of the Honble Supreme Court, a Sub-Committee was constituted on 2.12.2003 comprising of experts from NEERI, MPCB, Central Pollution Control Board and MoEF to finalise the amendments to the HW Rules. (All these are members of the SCMC as well.) The draft amendments from the Sub-committee has been received. Even while the Sub-Committee started working on the amendments, the following developments took place which necessitated further delays:
(a) Proposed amendments have been received from SPCBs, Industry Associations, Individual industries, etc. on various aspects of the HW Rules, which need to be examined and considered.
(b) CPCB has proposed certain modifications to Schedule 3 of the HW Rules, which if accepted will impact on Schedule-4 and 8 of the Rules.CPCB will be circulating the modified Schedules 3, 4 & 8 to SPCBs/PCCs by 5th May 2004 for their inputs.
(c) The SCMC is, independently, exploring the possibility of proposing a total ban on the import of HWs into the country, even for purposes of reuse or recycling. A final decision taken on the matter will necessitate corresponding amendments to the HW Rules and will also take care of directions at Serial Nos.2 and 3 of para 71.
Though the issue of promulgating a total ban on the import of HWs was discussed at length during the 4th meeting of the SCMC held on April 7/8, 2004, a final decision will be taken only at its next meeting.
In the light of these, it was decided that comments of all the members of the SCMC will be invited on the draft amendments suggested by the Sub-Committee. Copies of the Draft amendments have been given to the members. Their comments are expected to be received within one month. The amendments and the proposed ban on imports for reuse and recycling will be further discussed during the 5th meeting of the SCMC scheduled to be held towards the end of May, 2004 for taking a final view. They will be notified thereafter, after fulfilling the procedural requirements such as legal vetting.
The HW Rules were rationalised and amended as recently as May, 2003. Since frequent amendments to the HW Rules would cause inconvenience to all stakeholders, particularly the implementing and regulatory agencies, it was felt that in addition to the Court’s directions, other issues/problems brought to the notice of the Ministry during this period should also be considered as far as possible so that the rules are amended comprehensively. This is the main reason why the amendment exercise could not be completed within the stipulated time. The SCMC is confident that the amendment will be ready before the third quarterly report is filed.
|4.||Directions regarding compliance of Recycled Plastics, Manufacture and usage Rules, 1999 and the Batteries (Management and Handling) Rules, 2001.||4 weeks||(a)Recycled Plastics (Manufacture and Usage) Amendment Rules, 2003
Status: Only formal compliance. On the ground, compliance yet to be perceptible.
The Recycled Plastics (Manufacture and Usage) Amendment Rules, 2003 has been published vide S.O. 698 (E) on 17th June, 2003. A per these Rules, the manufacturers of carry bags or containers of virgin plastic or recycled plastic or both shall have to obtain registration certificate from the concerned State Pollution Control Board/Pollution Control Committee within 4 months from the date of publication of the Recycled Plastics (Manufacture and Usage) Amendments Rules, 2003 in the official gazette. The SCMC has been informed that the MoEF has again written to all the SPCBs/PCCs on 25th March, 2004 asking for the status of compliance report of these Rules.
With respect to the Plastics Rules, the Monitoring Committee draws the attention of this Hon. Court to the amendment notification that was issued by the MOEF, which has had the effect of totally undermining the main provisions of the Plastics Rules. This loophole has been drawn to the attention of both the CPCB and the MOEF. MOEF will consider this.
The Committee desires to inform the Supreme Court that plastic litter has become a major problem affecting the environment, animals and wildlife. The presence of plastic litter is providing a formidable obstacle to the implementation of the MSW Rules 2000. This Hon. Court may therefore direct the MOEF to raise the ban of plastic carry bags from 20 to 40 microns as is already being done in the States of Goa and W. Bengal. This will reduce the entry of plastic litter in the environment and also lead to better utilization of disposable plastics.
(b)Batteries (Management & Handling) Rules
The detailed action taken report in respect of implementation of the Battery Rules was given in the 1st Quarterly Report submitted earlier. Implementation of these Rules by the Boards/PCCs is followed up regularly by Central Pollution Control Board and Ministry of Environment & Forests. Further, other awareness raising programmes such as media campaigns, organization of training programmes/Workshops, etc. are being organised regularly. List of dealers of batteries not complying with Battery Rules have been circulated to all concerned SPCBs for taking legal action.
SCMC is unable to report on whether the MoEFs directions and letters as reported in the First Quarterly Report have led to improvements on the ground. Random checks with battery dealers does not give any impression yet on compliance.
|5.||Directions to be issued regarding collection and transportation of used oil from different sources to be sold and recycled by registered refiners with requisite undertaking from refiners.||4 weeks||Status: compliance incomplete
As per Rule 20(1) of HW Rules 2003, units generating used oil of 10 TPA or more are required to auction such used oil to only those units which are registered with CPCB as actual users having Environmentally Sound Management facilities to reprocess the used/waste oil. The SCMC was informed that the following specific actions were taken:
The SCMC states that all the above bulleted actions deal with the processing of used oil, whereas the directions deal with the collection and transportation of use oil from different users. Of this, no data has been produced before the Committee.
|6.||Closure direction to the units operating without any authorisation or in violation of conditions of operations issued under HW Rules, 1989 as amended.||3 weeks||Status: partial compliance
Even though most of the major SPCBs have initiated/taken action regarding issue of closure of units operating either without authorization or in violation of the conditions of authorisation, the Supreme Court Monitoring Committee (SCMC) during its interaction with the State Boards/PCCs has noted with great concern that some of the SPCBs are dragging their feet on this issue. The reasons for not carrying out the Courts directions for “immediate” closure are not convincing but have been listed below:
(a) Some SPCBs claim they must follow the procedure prescribed under EPA for issuing closure orders.
(c) The newly formed States such as Uttaranchal, Jharkand, etc. claim that the necessary delegation of powers under Section (5) of the Environment (Protection) Act, 1986 to the Chairman, SPCBs has not yet been done, hence they are unable to direct closure.
(d) Severe shortage of manpower, infrastructure, etc. at SPCBs. For example, UPPCB reportedly has a field staff of 48 only for manning 17 Regional offices.
The SCMC has concluded these are nothing but excuses. The apex courts order is specific and clear and calls for closure “forthwith”. No recourse to section 5 of the EPA is required, as the apex court had also issued notice for such closure in 1997 itself.
Not convinced by the reasons adduced by the defaulting SPCBs, the SCMC discussed the issue and decided that all SPCBs must inform the SCMC regarding compliance to this directive by 31st May, 2004, failing which, the lists of those SPCBs not complying with this requirement shall be submitted to the Honble Supreme Court for initiation of contempt proceedings.
|7.||Directions to SPCBs/PCCs bringing to their notice the latest cleaner technology and requiring the said boards/Committees to ensure compliance thereof by concerned units within the fixed time frame.||3 months||Status: Partial compliance
CPCB has taken a number of steps in this regard. The SCMC has been informed that letters have been issued to SPCBs/PCCs bringing to their notice environmentally sound technologies available for recycling/re-processing or re-refining of non-ferrous metallic wastes or used oil/waste oil. Guidelines framed by CPCB for processing used lead acid batteries, zinc ash/skimmings in an ESM compliant manner has been circulated to SPCBs/PCCs.
The Rules prescribe a time limit for technology change-over in units processing used oil only. No time-limit has been fixed for units involved in processing of non-ferrous metallic wastes.
|8.||Preparation and issuance of Check-List and ensuring its compliance by SPCBs/PCCs.||3 months.||Honble Court has ordered the preparation of checklist to ensure that the authorisation is granted by the Board/PCCs to only those units which are having the requisite process, treatment and disposal facilities. In this context, it is submitted that draft checklist prepared by CPCB and have been circulated to SPCBs. Comments have been received from a few SPCBs. CPCB has been advised to finalise the checklist based on the comments of SPCBs and submit the same for ratification to the SCMC by the next meeting.
As of now, the SCMC has not seen a copy of the checklist. Inquiries with boards indicate the checklist sent to them may be dealing only with imports of hazardous wastes.
|9.||Transportation of HWs, preparation of Guidelines.||3 weeks.||
As reported earlier in the First Quarterly Report, CPCB has prepared the guidelines. The guidelines have been circulated by CPCB to all SPCBs/PCCs State Environment Secretaries, TSDF operators in the country and other concerned Departments for comments. These are also available on CPCB web-site. However, the SCMC has yet to examine whether there is compliance at the ground level. The closure of Aventis Pharma at Ankleshwar (a unit run by multinational Hoescht) due to illegal transport of extremely toxic and hazardous wastes illustrates the apprehensions of the SCMC. The SCMC feels that unless such units are penalized heavily, transportation without due regard to the transport guidelines will continue to take place. SCMC recommends that the apex court should examine the case of Aventis Pharma as this is a fit case for such deterrent punishment.
The matter was taken up with GPCB immediately in the 4th Meeting and GPCB has informed that following actions have been taken in the matter of Aventis Pharma:
|10.||Amendment in the Rules incorporation the principles of Article 9 of the BASEL Convention-Affidavit to be filed.||4 months.||As submitted at Serial Nos.1, 2 and 3 above, amendment to HW Rules is being comprehensively examined. This aspect will be taken care off when the Rules are finalized.|
|11||Upgradation of Laboratories at Port/Docks/ICDs (Gateways)||12 months with quarterly reports.||Status: Yet to receive information.
According to MoEF, Ministry is pursuing the matter with Ministry of Finance and Ministry of Finance has informed that a detailed report has been received from the Director, Central Revenues & Control Laboratory (CRCL), as regards upgradation of custom laboratories. The report includes proposals for filling up of vacant posts in various laboratories including the list of equipments to be purchased and evaluated by the Expert Committee of CPCB. These are being processed for implementation within a stipulated time-frame.
|12.||Uniform Testing Procedure to be followed by the Labs.||6 weeks.||Already complied with. According to the MoEF, CPCB has prepared a manual on Sampling, Analysis and Characterisation of Hazardous Wastes (LATS/16/2002-03) and circulated to all SPCBs/PCCs to follow testing procedure as per manual.|
|13.||Direction regarding display of relevant information on Hazardous Waste by concerned Units.||4 weeks.||Not totally complied with yet, even though most SPCBs/PCCs have complied with this direction.
While States like Gujarat report cent-per-cent compliance (also verified by the SCMC Sub-Committee), some States are proceeding too slowly. Sub-Committee visits to Chhattisgarh and MP indicated partial compliance. The SCMC has now decided that:
The SCMC is taking this matter extremely seriously. This is an unprecedented direction from the apex court and it has radically open up access to information about industrial units to the public and to communities in the neighbourhood. The SCMC is therefore ensuring 100% compliance.
|14.||Awareness programmes in Media regarding HWs.||8 weeks.||Status: SCMC has yet to discuss the implementation of this direction and whether it has been effectively carried out.
In the area of Hazardous Waste Management, MoEF states that a number of steps have been taken by the Ministry in association with CPCB & SPCBs to create awareness and to disseminate information among wide range of target groups. Some of the specific steps include the following:-
SCMC Sub-Committee relates that in Gujarat bonafide environment groups that have provided significant inputs for the SCMCs work in that State are still summarily deprived of copies of consents issued under the Air/Water Acts or authorizations issued under the HW Rules. Some specific directions in this connection may be warranted.
|(i) Preparation of State/UT Inventories regarding HW generation by SPCBs/PCCS.
(ii) Random check-up of the inventories by Central Pollution Control Board.
(iii) Submission of the States/UT Inventories regarding HW generation before this Honble Court for preparation of National Inventory
|Status: More time required by the SPCBs.
Guidelines to carry out inventory of HW generation as per HWM Rules was prepared by CPCB, and circulated to all SPCBs/PCCs.
Preparation of inventories
Action for preparation of Inventories regarding HW generation as per HW Rules, 2003 has been initiated by most of the SPCBs/PCCs. Some States/UTs such as Kerala, Rajasthan, J&K, Delhi, etc., have already prepared such inventories and submitted the same to CPCB/MOEF. However, major HW generating States such as Maharashtra, Gujarat, Tamil Nadu, etc., appear to be facing genuine difficulties in completing the inventory within the stipulated time owing to the large number of industries involved.
GPCB has informed the SCMC that the data regarding generation of HWs provided by the industries in Form-I is being validated through a door-to-door survey, which is a time consuming exercise. MPCB has also submitted that since the State of Maharashtra accounts for almost 50% of the HWs generated in the country, the number of HW generating units is also the highest in the country. In view of the enormity of the task, it is difficult for that State to meet the time frame given by the Honble Court. MPCB has further informed the SCMC that cross-checking of the data contained in the existing authorizations of the units, through site visits, has brought out discrepancies/anomalies in the data regarding generation of HWs. In view of this, MPCB has embarked on the task of cross-checking the already available data, making the necessary correction in the authorisation, etc. This has understandably resulted in delay in completion of the task. Firm data regarding the quantity of HW generated in the country is not available, even today. In view of the importance of accuracy of the data and keeping in view the difficulties faced by major HW generating States, the SCMC feels that some more time may be allowed to these States for completing the inventorisation.
Random check will be done after completion of inventory by respective SPCBs/PCCs. However, at its 4th meeting, CPCB was instructed to proceed with cross-check of data already submitted by a few of the Boards. CPCB has submitted that verification of inventories in respect of States, who has submitted inventories, will be taken up from 1.5.2004.
CPCB will submit the National Inventory Report after completion of the inventory by respective SPCBs/PCCs.
|(i) Preparation of States/UTs Inventories regarding waste Dump Sites and Rehabilitation Plan.
(ii) Cross check by the Central Pollution Control Board and evaluation of the Rehabilitation Plan.
(iii) Submission of the said Inventory and Rehabilitation Plan before this Honble Court.
|Status: Not yet complied; however, some States have made a serious effort in inventorising illegal waste dumps. SCMC visits have indicated more work has to be done before SCMC is satisfied.
Inventorisation of illegal dumpsites have been completed by some SPCBs. Many State Boards like Haryana, Chhattisgarh, etc., have also reported that there are no HW dumpsites in their States. However, as reported by GPCB, MPCB and a few other SPCBs, this may not be a one-time exercise as fresh dumpsites are still coming up inspite of strict monitoring by the SPCBs.
SCMC is of the view that resorting to Remote Sensing techniques through satellites is perhaps the only sure way to identify and map the illegal dumpsites in the country. Initial discussions that some of the Committee Members have had with IRS/NRSA have indicated that illegal dumpsites can be identified through remote sensing using Global Positioning System (GPS). After identification of the sites, the data can be processed through GIS to generate maps indicating the illegal sites State-wise. In view of high costs likely to be involved in this activity, it was decided that initially such an exercise could be undertaken for a few critical States of the country such as Gujarat, Maharashtra, Tamil Nadu, etc.
Some special dump sites are being highlighted by the SCMC for directions of the Supreme Court. The case of Hema Chemicals needs to be taken up directly by the apex court as it involves careless dumping of 45,000 tonnes of extremely hazardous hexavalent chromium waste in the midst of the city of Vadodara. Removal of this waste has been pegged at Rs.17 crores. The owner of the unit responsible appears to be able to withstand any pressures in this regard placed on him by authorities in Gujarat. Apex Courts intervention may be the only remedy. Notice may have to be issued to the Gujarat Government.
The second major hazardous waste dump lies within the premises of the Union Carbide factory in Bhopal. It will be 20 years of the disaster this December (2004) and it is unacceptable that the hazardous wastes associated with the plant are still without hazardous waste management. This apex court may issue necessary directions to the MP State Government for safe removal of the waste and its storage in safe conditions within a time bound period (i.e. before the monsoons of 2005). For this monsoon, some emergency repairs as urgently urged in the N.K. Verma report of the CPCB may be implemented before this monsoon (2004) and compliance reported to the SCMC.
Random cross-check and evaluation of rehabilitation plan will be done after preparation of inventory and submission of rehabilitation plans by respective SPCBs/PCCs.
CPCB will submit the national inventory and rehabilitation plan before the Honble Court after completion of the inventory by respective SPCBs/PCCs.
|(i) Preparation & Publication of
National Inventory of HW generation and HW Dump Sites.
(ii) Fixing time frame for implementation of Rehabilitation Plan by SPCBs/PCCs
|After preparation of the national inventory of HW generation and HW dump sites, the report will be published.
Time frame will be fixed by CPCB after evaluation of the rehabilitation plans.
|23.||National Policy for Landfill Sites.||4 months.||Status: Not complied at present, as the policy document on landfill sites for HW within the country will be prepared as a part of National Policy Document on Hazardous Wastes as per item No.27. Time allowed may be enhanced.|
|24.||Guidelines for proper functioning and upkeep of disposal sites.||3 months.||Status: Partial compliance.
SCMC has been informed that draft guidelines have been prepared and will be circulated to SPCBs/PCCs for comments.
|25.||Guidelines of HW Incinerators||8 weeks.||Status: Partial compliance
Draft Guidelines for Common Hazardous Waste Incinerators has been prepared by CPCB and sent to SPCBs/PCCs for comments. It is further informed that Emission Standards for common HW incinerators have also been prepared after intense consultations with the industries, Industry Associations, SPCBs, etc. Since the HW Rules are being amended, the possibility of notifying these Emission Standards as a part of the HW Rules is being discussed. In the meantime, SPCBs have been advised to regulate the functioning of common incinerators, if any, in their States through the provisions of the Air Pollution Act, 1981.
Guidelines for industries specific hazardous waste incinerator will be prepared by CPCB for the sectors of Pesticides, Dyes & Dye Intermediates and Bulk Drugs and Pharmaceuticals.
|26.||Institutional Reforms Ministry of Environment & Forests/Central Pollution Control Board/SPCBs/PCCs.||3 months||Status: Not yet complied.
Hazardous Substances Management Division of Ministry of Environment & Forests and Central Pollution Control Board has prepared comprehensive proposal for strengthening the hazardous waste management sector in the Ministry and CPCB. These are being examined in the Ministry.
Most SPCBs have also prepared concrete proposals for strengthening the Boards/PCCs. However, many SPCBs/PCCs have reported lack of action on the part of the State Governments on this issue.
|27.||National Policy Documents on HW||9 months.||Draft National Policy Document on Hazardous Waste Management within the country has been prepared and circulated by the Central Pollution Control Board in the 4th meeting of SCMC. Further, a revised draft will be circulated by CPCB to all the SPCBs/PCCs and State Governments by 2nd week of May 2004 for their comments. The guiding principles that have been kept in view in the Policy document are waste minimization, promotion of environmentally sound recycling, Integrated HW disposal facilities, inter-State movement of hazardous wastes etc. This will be discussed in the SCMC meeting before being finalized.|
|28.||Central Pollution Control Board to do research and take up the matter with the Ministry of Environment & Forests for requisite regulatory measures in regard to import of dirty technologies in Industries steps to be taken.||3 months.||Status: Partial compliance
Set up mechanism to screen foreign investments and technology transfers.
|29.||Various directions with regard to ship breaking.||1 month.||Status : Substantial progress achieved.
The directions of the Honble Court had been circulated to all the concerned Central and State Government Departments and agencies such as the M/o Steel, M/o Shipping, the GMB, GPCB, etc. In the First Quarterly Report, detailed action taken report/action plan on the Courts orders submitted by Gujarat Pollution Control Board & Gujarat Maritime Board were presented. Subsequently, Monitoring Committee also inspected the Alang Ship Yard during the 3rd Meeting held in Gujarat. A detailed inspection report is included in Annexure-I. Further, an Inter-Ministerial Committee (IMC) has already been constituted by the M/o Steel to ensure strict compliance to the directions of the Court on ship breaking. The order regarding constitution of the Committee was submitted to the Honble Court in Jan, 2004. The first meeting of the IMC was held on 5.2.2004 at the M/o Steel, during which it was decided that comments of the concerned Departments such as GMB, GPCB, CPCB, MOEF, M/o Shipping, etc., would be invited on the 18 directions with a view to identify constraints, if any, faced by any of the concerned agencies in complying with these directions. In compliance to direction No.16 regarding participation of India in meetings at the International level, an Expert Group on Basel Convention has been constituted by MOEF to associate M/o Shipping and M/o Steel in firming up Indias view/position w.r.t. issues relating to ship breaking. The first meeting of the Expert Group was held in MOEF on 12.4.2004. Action has also been initiated by M/o Shipping to involve officials from MOEF and other concerned Ministries in the meetings of the Marine Environment Protection Committee (MEPC).
|Chart prepared in accordance with the directions given in the main body of the judgment fixing specific time limit.|
|1.||Under Section 11 of Customs, issuance of Notification.||Without any further delay.||This has been complied with. Customs have issued a Notification No.35/2004 vide G.S.R. No.201(E) dated 19th March, 2004 under Section-11 of the Customs Act, 1962, by which Central Government has prohibited hazardous wastes as specified in Schedule 8 of Hazardous Waste (Management & Handling) Rules, 1989 from import thereof into India and export thereof out of India. A copy of the Notification is attached herewith (Annexure-VI).|
|2.||Under the Major Port Trust Act compliance of HW Rules 19 and 20.||–||The Honble Court had directed to ensure that the Hazardous Waste Rules as amended upto date, shall be complied with, in particular Rules 19 and 20 thereof while disposing of hazardous waste in exercise of power under Sections 61 and 62 of the Major Port Trust Act, 1963. This is being followed with the nodal Administrative ministry viz., Ministry of Shipping.|
|3.||Updating the Exim Policy under Foreign Trade act vis-à-vis HW Rules.||Without any further delay.||This has been complied with. The office of Directorate General of Foreign Trade has issued a notification No.35 (RE-2003)/2002-2007 dated 16th February, 2004. Vide this notification, import of hazardous wastes into India have been made subject to provisions of Hazardous Waste (Management & Handling) Amendment Rules, 2003 and import of hazardous wastes or substances containing or contaminated with such hazardous wastes as specified in Schedule 8 of the said Rules have been prohibited. A copy of the Notification is enclosed (Annexure-VII)|
|4.||Committee on Impact of HW on Workers Health.||4 months.||As submitted in the First Quarterly Report, DG, FASLI, under the Ministry of Labour has constituted a Special Committee under the Chairmanship of Director General for the purpose of examining the issues relating to impact of hazardous waste on workers health on 3rd January, 2004. Three meetings of the Committee have been held so far and the report is expected to be finalised shortly.|
|5.||Provisions of Bank Guarantee to be given by the Importer.||Ministry of Environment & Forests to file Affidavit within 4 weeks.||The Honble Court had directed the Ministry to consider making a provision for bank guarantee by the importer while seeking permission to import used oil, furnace oil and zinc waste, to be released only on the imported consignment being found to be in conformity with the declared item of import. It is to submit that import of used/waste oil and used lead acid batteries are not being permitted since 1997. Zinc ash/skimmings with zinc content of 65% and above and lead and cadmium contents less than 1.25% and 0.1% respectively have been placed in the OGL regime of DGFT for actual users registered with MOEF/CPCB as having EST for reprocessing this waste. Zinc wastes therefore, can be imported only by registered reprocessor which ensures that these HWs are not traded but are reprocessed in an environmentally sound manner. Zinc wastes not conforming to the specification mentioned above appear under List-A of Schedule-3 of the HW Rules. No permissions are being granted by the Ministry for import of any items appearing in Schedule-3. However, as and when applications for import of regulated HWs are considered in future, submission of bank guarantee by the importers will be made mandatory.|
|6.||Ministry of Environment & Forests to file Report in order to deter Trans-boundary movement of HW.||–||Based on the recommendations of the HPC Report, the Honble Court had directed to examine the aspect of deterring any trans-boundary movement of hazardous waste or other waste i.e. illegal traffic, under Article 9 of Basel Convention, by amending/enacting legislation appropriately to prevent and punish illegal traffic. In this regard, it is submitted that as per the HW Rules as amended in May, 2003, “any occupier importing or exporting hazardous wastes shall comply with the Articles of Basel Convention, to which the Central Government is a signatory.” The Rules also give in detail the procedure to be followed for any trans-boundary movement of hazardous waste, which is in line with the Basel Convention. However, as explained in S. No.5 above, no permissions are currently being granted for import of HWs. With the notification of the necessary amendments by the M/o Finance and the M/o Commerce and Industry to the Customs Act and Foreign Trade Act respectively, illegal entry of HWs into the country is expected to come down significantly.|
|7.||Action against illegal imports pursuant to Wadhwan Committee.||As submitted in the First Quarterly Report, the issue of disposal of hazardous wastes lying in various ports/ICDs/Docks as reflected in paragraph 61, 62 and 64 of the Honble Courts Order, has been discussed by the Committee in its second meeting held in January, 2004 at Mumbai. In view of the complex issues involved, it was decided to ask the concerned authorities to prepare and to submit Action Plan(s) as per the directives of the Court. Accordingly, the Central Ministries and the concerned Ports/ICDs/Docks were directed to submit Action Plans. Responses have been received from Chennai Port Trust, Calcutta Port Trust, Kandla Port Trust, Jawaharlal Nehru Port Trust, Mumbai Port Trust as well as ICD, Tuklakabad and ICD, Ludhiana. Responses from ICD, Ballabgarh and Bangalore are awaited. Reminders have been sent. Ministry of Shipping has also written to all the major Ports inviting their attention on this issue and to send their Action Plans to the Ministry. Accordingly, responses have been received from Visakhapatnam Port Trust, Ennore Port Trust, Tuticorin Port Trust, Cochin Port Trust, Murmugao Port Trust and New Mangalore Port Trust. Except Tuticorin Port Trust, others have informed that no hazardous waste is lying in their premises. Tuticorin Port Trust has informed that 284 barrels of waste oil are lying in their premises and has not been disposed of due to various Writ Petitions pending in the High Court of Madras. The Honble Court has directed that these consignments shall be dealt with/disposal of/auction by the Monitoring committee. In view of the directions of the Honble Court given on 11.3.2004 regarding the development of an action plan for disposal of the 133 containers of waste oil in the JNPT, a similar line of action would be taken in respect of the HWs lying in various Ports/ICDs of the country, as reported by the Wadhavan Committee.|
4.0 Action taken by SPCBs/PCCs of UTs
The salient points of actions taken by various States/UTs are briefly summarized as under:-
- The State is having 144 hazardous waste generating units.
- All hazardous waste generating units have authorisation as per Hazardous Waste (Management & Handling) Rules, 1989 (as amended in 2003) and these hazardous waste generating units are complying with the authorisation conditions.
- There are no defaulting units.
- The relevant information has been displayed by the units.
- Updated inventory of the HW generation has been completed and sent to the Central Pollution Control Board, Delhi.
- Rehabilitation plan of dumpsites have been submitted to the Central Pollution Control Board, Delhi.
- The State of Assam does not have a secured landfill site. Industry specified secure landfill sites are under preparation by some of the major sector industries.
- At present hazardous waste generated in the major sector units are dumped within their own campuses by following the stipulated criteria of CPCB.
- There are no hazardous waste generating units.
- There is no defaulting hazardous waste processing unit in the State.
- Concerned units have been directed to put up prominent hoardings indicating the nature of hazardous materials/waste handled by them and besides Dos and Donts for public information in case of any mishap.
- Collection of data/information for inventory of hazardous waste generating in the State has been completed. Compilation of data and preparation of report is in progress.
- There is no hazardous waste dump site in the State.
- The Board has issued directions to the 169 units and out of this 41 units are closed due to non-compliance.
- All the authorized units have been directed to display the relevant information and industries have started displaying the information.
- The Board has also incorporated above direction as a condition in Form-2 of authorisation letter.
- Inventory of HW generation completed.
- The Board is in the process of preparation of State inventory regarding waste dump sites.
- Government of Madhya Pradesh have immediately notified 3 sites for the disposal of hazardous wastes one each at Indore, Bhopal and Jabalpur. But, due to some changes, a new site at Indore has been identified which is yet to be notified.
- Some industries of the State have installed incinerator for the disposal of hazardous waste.
- No illegal dump site is existing in the State.
(6)Andaman & Nicobar Islands
- A public notice has been published in the local newspaper on 10th January, 2004, for seeking information from the units/industry owners using hazardous waste material. It has also been informed that the units not coming voluntarily with details will be liable for action as deemed fit under Rules.
- Letter to DCF(Mill Dvn.) and M/s Andaman Paints Private Limited has been issued seeking report on nature and quantity of hazardous wastes used/processed.
- Inventorisation has been started and is going on. Presently there appears to be no HW generating unit in this State.
- Show Cause notices were issued to 34 industrial units, as they have not obtained authorisation under the HW Rules/Registration from the Central Pollution Control Board for reprocessing hazardous wastes.
- Direction under EP Act to close down their factory/refrain from handling hazardous waste was issued to 9 industrial units.
- Direction to display information regarding hazardous waste was issued to 185 industrial units possessing authorisation under the Hazardous Wastes (Management & Handling) Rules. 150 industrial units have reported compliance and the rest is being verified by the Board.
- Action has already been taken by the Board to display the detailes in notice boards of all Regional/District Offices of the Board.
- Note on the said amendment Rules, 2003 to be published in the newsletter has been prepared and action is being taken to publish the same in the newsletter of the board.
- 411 industrial units have been identified as hazardous waste handling units in the State and data colleted from all of them. Of these industrial units, 72 units are in the automobile repair and servicing sector.
- Compilation of the data collected by the Board through Regional/District offices of the Board and through the returns furnished by the authorisees is at an advanced stage and will be submitted by 30th April, 2004.
- There is no common waste dumpsite in Kerala
- As a first step, show cause notices were issued to two ship-breaking units, namely, Steel Industrials Kerala Limited, Beypore, Kozhikode and Steel Industrials Limited, Azhikode, Kannur. Direction under EP Act to refrain from handling ship breaking activity was then issued to these two units. Steel Industrials Kerala Limited, Beypore, Kozhikode informed that ship breaking activities will be carried out only after providing satisfactory facilities as required under the HW Rules. Steel industrials Kerala Limited, Azhikode, Kannur submitted application for authorisation and this is being processed.
- As per NPC report, there are 1,689 hazardous waste generating units in industrial areas of Delhi. In addition to the survey report of NPC, Delhi Pollution Control Committee has identified 101 HW generating units which did not respond earlier during the survey.
- 1078 number of units have applied for grant of authorisation. The applications have been scrutinized with reference to the draft check list/guidelines circulated by Central Pollution Control Board vide letter dated 30.1.2004. The applications also include all the 5 Thermal Power Plants, 32 Depots of DTC, both the units of Mother Dairy, both the Loco sheds and General Store of Indian Railways working in Delhi.
- A public notice has also been issued in leading Hindi and English daily newspapers directing all hazardous waste generating units to comply with the directions of the Court in this regard.
- Display of relevant information as directed by Honble Supreme Court of India will be made one of the conditions of grant of authorisation to the hazardous waste generating units.
- No regular hazardous waste dump sites were observed. However, 24 sites were considered prone to dumping of hazardous waste. Hence, ground water samples were collected from the vicinity of these 24 sites.
- There is no indication of significant concentration of heavy metals being present in ground water. Therefore, it can be inferred that ground water has not been contaminated.
- As per the decision of the Committee, NPC was requested to provide technical specifications for the proposed temporary hazardous waste storage facility. They have since supplied primary details.
- Land measuring 1.25 Ha. Adjoining Wazirpur CETP has been demarcated jointly by DDA and DSIDC officials. The modalities of handing over/taking over of land are under final stage.
- A committee under the Chairmanship of Pr. Secy (UD) Government of Delhi has been set up by the Government of Delhi to oversee the speedy development of temporary storage site for hazardous waste near Wazirpur CETP.
- Out of the 39 industries against which closure orders were issued, 15 industries have complied with the Boards direction by submission of authorisation application and construction of on-site secured storage facility for storage of hazardous wastes. Accordingly, the Board has issued suspension of closure order against these units. Out of the remaining 24 units, 10 units have permanently & 14 units have temporarily stopped their production activities.
- Out of the 505 units which were directed to display online data at the main gate of the factory, 292 units have complied the direction. Action has been initiated to issue the show-cause notices against the defaulting units.
- Information on display of online data have been given in the local newspapers and also on the website of the West Bengal Pollution Control Board.
- Inventorisation as per the Hazardous Waste (Management & Handling), Amendment Rules, 2003 has been initiated.
- Identification if illegal dumpsites is in progress.
- The 1st Cell of the common waste disposal facility at Dankuni, Dist-Hooghly for the treated chrome mud is complete and it is being used by 6 nos. member units of M/s Bengal Chrome Chemicals Manufacturers Association who has developed the facility.
- Maintaining all the norms specified in the rules, the treated chrome mud generating by the member units is being transported to the newly developed common disposal site at Dankuni, Dist-Hooghly.
- All the units are complying (60 units those were issued authorisation) with the Hazardous Waste (Management & Handling) Rules, 1989 as amended from time to time. Authorisation was rejected to one industry since they have violated the Rules.
- Action will be initiated to display the relevant information with regard to Hazardous Waste generation/handling by the units.
- So far 65 units were identified as Hazardous Waste generating/handling units in the U.T. of Pondicherry. Authorisation was issued to 60 units, remaining 5 units were under process.
- As the reported waste generation (other than recyclable) is about 155.48 TPA, U.T. of Pondicherry may not provide a common site and it is proposed to tie up with the neighbouring State of Tamil Nadu.
- Show Cause Notice issued to 05 nos. of used oil processing industries.
- Closure Directions issued to 01 no. of used oil reprocessing industry.
- Hazardous waste handling units have been directed to display the relevant information within one month. Decision has been taken to put it as consent condition to all the industries/mines etc.
- Public notices have been notified in two local dailies, i.e., Kalinga Bharti (Hindi Edition), dated 17.1.2004 and Pragatibadi (Orissa Edition), dated 16.2.2004.
- Inventory as per Hazardous Waste (Management & Handling) Amendment Rules, 2003 is in progress and will be furnished very shortly after completion.
- National Productivity Council (NPC) has been engaged to prepare detail report on 07 identified dumpsites.
- Industrial Infrastructure Development Corporation of Orissa (IIDCO) has been declared as Nodal Agency for developing common hazardous disposal site at Rourkela. IIDCO shall take initiative to acquire additional land of 50-60 acres required for development of common Treatment, Storage and Disposal Facility (TSDF) for a capacity of 50,000 Tons/Annum. A sum of Rs.10 lakhs (Rupees Ten Lakhs) has been given to IIDCO by the Board to meet the expenses during preparatory phase of development and operation of common TSDF at Rourkela.
- So Far the State Board has identified 512 industries which are covered under the provisions of HWMR. Out of these 206 units are under valid authorisation. The remaining industries have been issued show cause notices under the provisions of Section-5 of Environmental (Protection) Act, 1986 for intended closure. The Board has issued direction of closure to 37 industries for non-compliance of provisions of HWMR.
- The State Board has issued notices to display the relevant information with regard to Hazardous Waste as directed by the Court to all the 512 units identified by the Board, to be covered under the Rules. So far compliance reports with respect to these directions has been received from 104 industries. Information from other are also pouring in.
- The State Board had initially identified about 600 units, out of them 512 units are been to be covered under the Hazardous Waste (management & Handling) Rules, 1989 as amended in the year 2003. Inventory with regard to generation of Hazardous Waste is being prepared. So far about 200 units have been inventorised. The complete inventory will be submitted in due course.
- Only one hazardous waste dump site in village Bichchadi, District-Udaipur has been identified so far. Remedial/rehabilitation measures with respect to this site are being taken. The field staff of the Board/Regional Offices, however, have been directed to furnish information regarding illegal dumps of hazardous waste made if any by the generators of such waste.
- A common Hazardous Waste Disposal Site has been identified at Udaipur. The Environment Impact Assessment of the site has been completed by NPC. The Udaipur Chamber of Commerce & Industry is being pursued for formation of trust, which will develop and maintain the site. The State Board is also asking the units generating Hazardous Waste to develop proper and adequate infrastructure facilities such as construction of secured hazardous waste landfill site and installation of incinerators with air pollution control equipments. So far 42 SLF sites and 9 incinerators have been installed in the State.
- In addition to point-8 above, the State Board is also requesting the Director of Industries, Government of Rajasthan to expedite the task of identification of sites and establishment of common facilities for treatment, storage and disposal of hazardous wastes in the State. The actions as to development of hazardous waste disposal site is being taken by the State Board and progress in this regard shall be submitted from time to time as asked for by the Ministry.
- It was stated that Chairman UEPPCB has not been delegated power for issuance of closure notices. However, it was clarified to them during the presentation on 7.4.2004 that the State Government which has got such powers can issue such directions.
- Board has published an advertisement in the newspaper dated 8.12.2003 to ensure compliance of Hazardous Waste (management & Handling) Rules, 1989 by all hazardous waste generating industries in Uttaranchal as covered in Schedule-1 and 2. Regional offices of the Board have been directed to ensure the implementation of direction & send notices to the defaulting units.
- Inventorisation/identification of hazardous waste generating industries is in progress. Till now, 206 have been inventorised out of which 96 have applied for authorisation and 39 were granted while 13 refused. 25 are under process while notices have been issued to 103 units.
- There is no common landfill site in the State. The individual industries are storing their hazardous waste in secured manner within their premises.
- All the 49 units handling wastes, have been granted Authorisation by the SPCB.
- Service stations generating used/waste oil, not having authorisation, have been issued notice.
- All HW handling units have been directed to display the requisite information about their activities, outside their units.
- The quantity of hazardous wastes generated is about 9000 tonnes/annum.
- No illegal hazardous wastes dumpsites have been reported so far.
- No ship-breaking activities exist in the State.
- (A)Industries identified under the 1989 and 2000 Rules:-
i) Total number of industries = 1448
ii) Authorisation granted = 806
iii) Industries lying closed = 249
iv)Industries closed by the Board u/s 5 of EPA, 1986 = 29 (out of these, 21 industries have been granted authorization after compliance of the rules and the remaining 8 industries are lying closed).
v) Industries to whom closer notices have been issued u/s 5 of EPA, 1986 = 244
vi)Industries which are not covered under Schedule-I of the amended Rules, 2003=141
- (B)Newly identified industries = 336
Authorisation granted = 90 (The remaining industries are being persuaded to apply/obtain authorisation of the Board at the earliest. Further inventorisation is under process.)
- The industries have been asked to display the relevant information on hazardous waste outside the main gate of the industry on 6 X 4 display board. The same has also been incorporated as a condition of authorisation.
- All the large & medium industries have provided the same.
- Most of the small scale industries have also installed display board.
- The Board has appealed to the general public through local newspapers to bring to the notice of the Board, if illegal dumping of hazardous waste is noticed by any person.
- An appeal in this regard has also been made by the Chairman of the board to the general public through television on 28 & 29.1.2004 on Alpha TV and Punjab Today, the most popular channels in Punjab.
- The Board is also going to display hoardings in this regard on the buses in the Punjab. An order has been given in this regard to M/s Himalayan Advertising, Chandigarh vide letter No.8298 dated 5.4.2004.
- The total hazardous waste generation in the State as of today is 15769.05 TPA.
- The Board has identified 32 sites in the State where hazardous waste could have been dumped in the past along with municipal solid waste. The assessment of the sites is yet to be undertaken.
- Rehabilitation plans to be finalised in consultation with CPCB & MOEF. The Board has started monitoring of ground water and soil around these sites for preliminary assessment of ground water and soil contamination, if any. Detailed plan will be prepared in consultation with CPCB/MOEF. As per the latest information, some of these sites have been reported to be municipal solid waste dumpsite and no illegal hazardous waste disposal site.
- The Board has already selected a site in Nimbuan Village, Derabassi, District Patiala for the construction of TSDF. PSIEC has been declared as Nodal Agency for the development of TSDF. A technical committee with members from the Central Pollution Control Board and the Ministry of Environment & Forests has also been constituted to ensure that the project is completed as per norms of Central Pollution Control Board and Ministry of Environment & Forests.
- To expedite and facilitate the construction of TSDF the major generators of hazardous wastes in the State of Punjab have been asked to take the initiative for creating the facility. The major generators have now formed a company in the name of M/s Nimbuan Greenfield Punjab Limited which has been registered for the purpose of creating this facility on the pattern of Ankleshwar, Gujarat. The company has given the contract to M/s Tetra Tech Limited, for inventorisation and quantification of hazardous waste, which is likely to be completed by 30.6.2004. The operator on BOO basis is yet to be finalised by the company.
- The Board and Punjab Government on their part have undertaken the responsibility to acquire land for this company. The process of acquisition of land has been initiated for acquiring land under Section-4 of the Land Acquisition Act, 1894. The Principal Secretary, Department of Science, Technology & Environment, Government of Punjab vide d.o. letter No.3/35/87(STE)/4/3058 dated 11.12.2003 has already written to Deputy Commissioner, Patiala for getting NOCs from Chief Agriculture Officer, Executive Engineer, PWD(B&R), Executive Engineer (Public Health) & Divisional Town Planner in this regard. NOCs from various departments have been obtained by Deputy Commissioner, Patiala. Acquisition of land will be initiated by the Government u/s 4 of Land Acquisition Act.
- All the hazardous wastes generating units have valid authorisation and the compliance of the conditions of the authorisation are being ensured.
- Bihar State Pollution Control Board (BSPCB) have directed all the hazardous waste generating units to display the information as per the direction of the Honble Supreme Court of India. Indian Oil Corporation, Barauni Refinery, Barauni, ITC Limited (Tobacco Division), Munger, ITC Limited (Printing and Packaging Division), Mungar, Bata India Limited, Mokama and Hindustan Petroleum Corporation Limited, Papraur Depot, Begusarai have complied the Honble Supreme Courts directions and started displaying the required information at their gates.
- Inventory of units covering amended Rules (2003) is in progress and shall be completed shortly.
- Except Indian Oil Corporation, Barauni Refinery, the quantity of wastes generated in other units in Bihar is relatively less and as such the wastes are being stored in their premises. Used oil generated in the units of ITC and NTPC is being sold to registered recyclers as provided under the Rules.
- A hazardous waste disposal site at Rautinia, Muzaffarpur was identified and notified by Government of Bihar. However, its development could not be taken place for want of finances.
- Used waste oil, as stated earlier, generated in these units are being sold to registered recyclers and as such no accumulation is taking place. Moreover, the wastes generated in these units are relatively little in quantity.
- There are 7 hazardous waste processing units and no unit is running without authorisation of CPCC or in violation of conditions of authorisation issued to such units.
- Necessary direction has been issued to all the units processing hazardous waste to provide online data outside factory gate regarding quantity and nature of hazardous chemicals being handled in the plant including waste water and air emissions.
- Inventorisation of the units generating hazardous waste has been completed by CPCC and the report sent to Ministry of Environment & Forests and Central Pollution Control Board vide letter No.2587-88 dated 20.2.2004.
- There is no hazardous waste dumpsite in the UT of Chandigarh.
- The quantity of hazardous waste generated in the UT, is less than 20,000 tonnes per year. So, no common dumping site will be developed in the UT and the waste will be dumped/disposed in the neighbouring States as no land for horizontal growth is available.
- The hazardous waste is being stored by the industries inside their premises and the same will be cleared when hazardous waste dump site is developed near Chandigarh either by Punjab or Himachal Pradesh.
- The State Board had issued the directions/show cause notices, preparatory to closure notice giving 10 days time to those 36 hazardous waste processing units, which were operating without seeking authorisation of the Board or not meeting the conditions of authorisation. Most of the units have complied. 4 units have been issued orders for disconnection of electricity u/s 5 of Environment (Protection) Act, 1986.
- Directions have been issued at the field levels, as well as through the public notice sent for advertisement in the leading newspapers to display on-line data outside the main factory gate with regard to quantity and nature of hazardous chemicals being handled in the plant, including waste water and air emissions and solid hazardous waste generated within factory premises.
- Most of the units have started displaying on-line data outside the main factory.
- The Board has identified 575 units under Hazardous (M&H) Rules, 1989 as amended on 6th June, 2000, out of these 399 units are presently in operation. There is continuous upgradation of the inventory. The inventorisation of waste generated by the existing units has been carried out based on products manufactured, process details, quantity & type of raw material used by the units. District-wise data of the existing units has been compiled and has been sent to the CPCB on 31.3.2004.
- In absence of Common Hazardous Waste Treatment & Disposal Facility, the units are directed to keep the hazardous waste generated by them within the factory premises in leak proof containers or pits. The possibilities of some of the waste being dumped in low lying areas, along road sides, etc., such as Fly Ash, Slag cannot be ruled out. The State Board be undertaking such studies in an around major industrial areas.
- Environment Impact Assessment (EIA) study was conducted for the identification & development of site for Hazardous Waste Treatment & Disposal Facility in 1997 in district Solan. Under the India-Australia Capacity Building Project, the Board along with the Australian experts carried out detailed study for Integrated Solid Waste Management for Baddi, Barotiwala & Nalagarh Industrial areas of H.P. and prepared the Remedial Action Plan & Feasibility Study Report for the development of Common Hazardous Waste Treatment and Disposal Facility at Villages Dabota and Majra in District Solan.
- EIA Study has also been conducted for the identification of suitable site for treatment and disposal of hazardous waste in District Sirmour.
- The Board has been pursuing the matter with Hazardous Waste (HW) generating units to have proper ETPs and HW disposal facilities and accordingly about 300 such units have been issued closure notices by the Board during 2003-2004. To take care of proper disposal of HW by Electroplating units, the Board has successfully persuaded 250 electroplating units producing hazardous waste to shift to the industrial area in Faridabad, with a CETP installed at the cost of Rs.4 crore along with hazardous waste pit. Similar exercise is being done for Dyeing units in Panipat and Electroplating units in Gurgaon.
- The units have started putting up sign boards displaying the relevant information of HW characteristics and status of compliance of conditions of consent in front of their factories and the same is being monitored by the Board.
- The Board has prepared inventory through SENES consultant (Canadian Firm) a copy of the inventory have already been supplied to the Ministry.
- No illegal waste dumpsite has been noticed in the State of Haryana.
- 32 acres land has been identified & notified. Tenders calling for operators have been issued and the Haryana Environment Management Society is already in the process of selecting the operators.
(21)Jammu & Kashmir
- Closure orders to major defaulters issued and for units generating less quantity, process of issuing of closure order is on.
- Notices issued to all the waste generating units and units have started complying the directions of display of information.
- Inventory already completed and submitted to Central Pollution Control Board. In fact the data is being updated in reference to the amendments in HW Rules 2003.
- The preliminary survey of some sites conducted and few dumping sites identified. Detailed study of few proposed sites will be taken up shortly.
- Matter regarding secured landfill sites and incinerators under active consideration of Pollution Control Board after finalizing appropriate site.
- Total hazardous waste generating units in the State are 1036
- Units with valid authorisation are 768.
- Total recyclable waste is 36819 TPA.
- Total incinerable waste is 61395 TPA.
- Total land disposable waste is 47572 TPA.
- Total hazardous waste is 145787 TPA.
- This is 3.28% of the country generation of HW.
- 92 units issued show cause notices.
- 47 units issued closure notices.
- 446 units directed to display relevant information through public notice, conditions for authorisation.
- All industries/units involved in the handling of hazardous chemicals and generating hazardous wastes will ensure to display online data outside the main factory gate with regard to quantity and nature of hazardous chemicals being handled in the plant, including waste water and air emissions and solid hazardous wastes generated within factory premises. If such data is not displayed, the appropriate legal action including closure may be initiated.
- Number of units identified as per Rules 2003=1633
Number of units having valid authorisation=1160
Number of units reported closed for the last 3 months or more=281
Number of units not having valid authorisation=192
Number of pending authorisation applications=51
Number of units against which closure order has been issued=47
Number of units against which show cause notices has been issued=92
- A detailed survey undertaken to identify units not complying with the provisions of Hazardous Waste (Management & Handling) Rules, 1989 as amended in 2002 & 2003. Closure orders have been issued to 10 violating units. The industries generating hazardous wastes are being monitored closely.
- Tamil Nadu Pollution Control Board is taking necessary steps to ensure that all existing oil reclaiming units to switch over to the environmentally sound technologies as specified in Rule-21 of Hazardous Waste (Management & Handling) Rules, 1989 as amended in 2003. A Committee involving experts from Chennai Petroleum Corporation Limited, Petroleum Conservation & Research Association & Tamil Nadu Pollution Control Board is being constituted to verify the process adopted by existing units.
- Tamil Nadu Pollution Control Board has taken the following initiatives and the same was reviewed during the review meeting of the District Officer held on 5.2.2004 and 6.2.2004:-
(i) Survey of hazardous waste generation is being done by the field staff. Information is being collected in Form-4.
(ii) Quantification of accumulated or stored wastes is being done.
(iii) The Tamil Nadu Pollution Control Board will update the database which is to be displayed in the official website of Tamil Nadu Pollution Control Board/CPCB.
- At present, there is no secure landfill facility in Tamil Nadu. Two sites, namely, M/s Tamilnadu Chromates & Chemicals Limited, Ranipet, Vellore District and M/s Hindustan Lever Limited, Kodaikanal, Dindigul, have been identified for remediation and rehabilitation. In case of M/s Tamilnadu Chromates and Chemicals, some organizations have been addressed to furnish comprehensive proposals for estimating the damage and remediation and cleanup of the site and its surroundings. An expert committee is also being formed to evaluate the proposal and advise further on implementation of remedial measures. In case of M/s Hindustan Lever Limited, the working committee meeting to finalise the proposal for dismantling and cleanup of machinery which has been in contact with mercury as well as proposals for remediation of areas contaminated due to deposition of air borne mercury. Work on identification of illegal dumpsites inside and outside industrial areas is in progress. The field officials of Tamilnadu Pollution Control Board have been directed to carry out a special drive to conduct an extensive survey of industrial area to identify illegal dumpsites. In case such sites are detected, the concerned industry will be directed to clear the dump, remove the waste and store it in their premises with relevant safeguards at their own cost.
(24)Daman, Diu & Dadara Nagar Havelli
- All the relevant industries identified were issued letters to apply for authorisation to handle hazardous wastes along with other necessary details. Few units have complied and other are yet to comply.
- All the HW generating units were issued letters to display the details. The units have started complying. However, compliance repots is awaited from the units.
- The work of inventorisation regarding HW generation is already initiated and the details are being received. The report will be ready by April, 2004.
- Presently no HW dumpsite exists in the UTs. However, steps are initiated to collect the details from industries and the report will be ready by April, 2004.
- The report regarding inventory and rehabilitation of HW dumpsites will be submitted to Central Pollution Control Board/Ministry of Environment & Forests before April, 2004.
- It was mentioned that due to unavailability of funds, inventorisation of HW generating units as well as analysis of effluent concentration could not be carried out. However, inventorisation of Lead acid batteries was carried out within the city and the Batteries (Management & Handling) Rules, 2001 were also distributed to all dealers.
- The Manipur Pollution Control Board conducted an inventorisation of the Hazardous Waste generation in the State of Manipur. So far, the Board has not identified any industries generating hazardous wastes in large quantities. However, there are lot of minute units generating hazardous wastes such as household dying business, workshops generating used oils etc. It is considered highly imperative to identify a common disposal site for all the wastes. The same has been initiated with the State Government for identification of a common disposal site.
- No closure notice was issued to any unit in the State. However, all the concerned units were directed to ensure treatment of hazardous wastes.
- All the units will be instructed to display the relevant information.
- Inventory of hazardous waste generation was completed through the National Productivity Council, New Delhi and the report was sent to the CPCB.
- Hazardous waste generation in the State being very less, there may not be any necessity of a separate hazardous waste landfill site at the moment. However, action is being initiated in this regard.
- There are four hazardous waste processing units in Jharkhand. All of them are having valid authorisation from the State Board.
- All the units have been directed to install new technologies for reprocessing/refining approved by MOEF which is being complied with.
- The registration of three units (which were earlier registered with MOEF as recyclers/reprocessor) have now expired and they have submitted for renewal of the same. The decisions on the same is yet to be received.
- With regard to display of relevant information, the units were directed for compliance of the same.
- Inventorisation of hazardous waste generation is an ongoing process. However, so far 135 number of industries were identified and report submitted by State PCB to the State Government for onward transmission to CPCB.
- There is no illegal hazardous waste dumpsite identified so far.
- There is no common secured hazardous waste landfill site and incinerator facility till date in the State. However, the State PCB has made a request to the State Government for establishment of such a facility.
- The State Board has decided that industries identified as per HW Rules, 1989 shall be considered for issuance of closure directions. Following is the status in terms of closure directions issued by Maharashtra PCB:
(i) Total number of units identified as HW generators as per HW Rules, 1989 =3427
(ii) No. of industries operating without authorisation(closure directions issued)=30
(iii) No of industries not complying with authorisation (closure directions issued)=793
(iv) No. of industries closed = 611
(v) No. of industries now complied with the directions and hence the closure notices have been withdrawn = 35
- Inventorisation of hazardous wastes as per HW Rules, 2003 is in progress. During the course of inventorisation, industries that were found not complying with authorisation conditions or found operating without authorisation were issued closure directions as per Courts order. This would be a continuous process.
- The MPCB indicated that the inventorisation exercise will take some more time and requested to seek extension of three months time from this Honble Court for compilation and final submission of the inventory.
- With regard to shifting of hazardous wastes from unauthorised dumps, the MPCB has requested MIDC to immediately remove the wastes and send the same to secured landfill. In case of illegal dumps outside MIDC Industrial Estates, inventorisation is being made. Based on the inventorisation of such sites, MPCB shall prepare rehabilitation plan for those dump sites as per the Courts order and the same is likely to be completed within 6 months.
- With regard to display of relevant information, directions were issued to industries to display the information at the entry gates of industry. Public notice to this effect also has been issued through leading newspapers in the State. The monitoring of implementation of directions in this regard is being done on a continuous basis.
- In the year 2003, closure to 18 industries and notices to 101 industries were issued.
- Upto March, 2004, closure to 79 industries and notices to 52 units were issued under the HW Rules.
- As a result of the initiative taken by the Board, almost all the units have provided display Boards for displaying the relevant information.
- Basic work of inventory of hazardous waste on the basis of unit-wise survey is practically over. On the basis of data gathered it appears that quantity of hazardous waste generated may be approximately 1.01 lakh MT per month (i.e. 1.20 MMT per year), liquid waste is approximately 8317 KL per month (i.e. 1.0 lakh KL per year) and contaminated drums/bags etc., 4.8 lakh numbers/month (i.e. 57.6 lakh per year). Work of verification of data will be undertaken very shortly.
- With regard to inventory and remediation of hazardous waste dumpsites, as of now, remediation of 6.025 million MT waste consisting of iron waste, gypsum waste, carbon waste, old chromium waste, tarry waste, ETP sludge and chalk has been carried out.
- Containment of waste was carried out for approximately 6 million MT of waste.
- As part of Action Plan for 2000-2001 and 2001-2002 illegal waste dumpsites were inventorised. 72 sites were identified and 0.025 million MT of waste was shifted to TSDFs.
- Inventorisation for left over illegal dumps is in progress and so far 16 illegal dumps are identified. The work of lifting and shifting the dumps is in progress. In the process of intensive search a few more sites are identified and details are being collected.
- 6 common and 13 private TSDF presently manage the disposable waste hazardous wastes generated in the State and there are 36 incinerators to cater need of incinerable waste.
- The operator of the facilities were directed to develop facilities as per the manual for setting up of disposal facility and criteria for hazardous waste landfill published by CPCB. All concerned having operational/proposed project have been instructed to strictly adhere to the criteria for hazardous waste landfill sites and manual for design published by CPCB in February, 2001 and December 2002, respectively.
- The TSDFs of Vatva and Odhav were issued directions for improvement vide letter dated 20th March, 2004.
- Board is ensuring shifting of waste by the industry prior to issuing authorisation.
- The action taken on defaulting units as on 31st March, 2004 is given below:
- Units identified=1367 Nos
- Units not working=188 Nos
- Units working=1179 Nos
- Units applied for authorisation=1169 Nos
- Units obtained authorisation=1128 Nos
- Applications under process=41 Nos
- Units not applied for authoristion=10 Nos
- Earlier KSPCB has submitted to the Monitoring Committee that 65 industries who have not obtained authorisation and closure order have been served against these 65 units. Subsequently, except 10 industries all other industries have applied for authorisation and the same granting of authorisation including revoking of closure order is under process.
- Following are the details of units and the action taken against them for non-compliance to the authorisation conditions and to the provisions of HW(M&H) Rules.
- Closure order issued =18
- Seizure order issued=03
- Board has evolved the size of display board and the contents which are to be displayed on the board. This information has been supplied to the individual industries. A public notice in newspapers was also issued on 3.12.2003 and 7.1.2004. So far, 627 industries have displayed the board. The verification of compliance is under process.
- The information regarding requirement of installation of notice board along with the information to be displayed is notified in the website of KSPCB.
- German Government (GTZ) is assisting KSPCB for establishing the common hazardous waste TSDF in Karnataka. Inventorisation of Hazardous Waste generating industries, quantification and characterization of Hazardous Waste is undertaken by the GTZ.
- The GTZ authorities through their consultant have presented a draft report on inventorisation before the Technical Committee of this Board on 15.11.2003. The GTZ authorities are now in the process of finalizing the inventorisation, considering the observations made by Technical Advisory Committee. The entire issue connected with the inventorisation of Hazardous Waste and the quantification of Hazardous Waste generated was discussed in the Steering Committee meeting held on 24.3.2004 and the Committee has given a time schedule, i.e., end of April, 2004, for completion of inventorisation. (A Steering Committee of State Government level is constituted for overseeing the activities of the GTZ)
- So far, 1367 hazardous waste generating industries have been identified in the State and about 92013.465 MT/year of hazardous waste is generated. The details of the same are given below:
- Recyclable=23329.531 MT/year
- Incinerable=5410.794 MT/year
- Land disposable=63273.140 MT/year
- A district wise identification of illegal dumpsites is undertaken. The survey has revealed that there are 28 illegal dump sites in Bangalore Rural & Urban Districts. These dumps are not exclusively hazardous waste. Survey in another 8 districts has been completed and the report reveals that there are no illegal dump sites in 8 districts. Survey work in rest of the districts (17) is proposed for completion by 10.5.2004.
- The study on rehabilitation is undertaken by the German Government assisted project, i.e., GTZ project. It is planned to rehabilitate the illegal dumps in two phases, i.e., critical dump sites in Phase-1 and non-critical dump sites in Phase-2. The timeframe for Phase-1 is December, 2005 and for Phase-2 is December, 2006.
- Board has identified following two sites for establishment of TSDF in Karnataka State:
Site No.1– situated at 40 Kms from Bangalore adjacent to Dabbespet Industrial Area. The area of TSDF is 102 acres and it is a private land.
Site No.2– situated at 70 Kms from Bangalore at Siddalanghatta taluk of Kolar District. This is a forest land having an area of 125 acres and clearance of MoEF is already obtained.
- all preliminary investigation is already completed.
- Public hearing was also conducted on 20.2.2004 and the details are communicated to the State Government for according concurrence as required under Rule-8 of HW(M&H) Amendment Rules, 2003.
- Land acquisition is under process.
- It is proposed to establish the facility on BOO basis and a notification for identification of operator is being issued before 30.4.2004
- EPTRI, Hyderabad is preparing a REIA report.
- REIA study is completed except risk analysis portion.
- This site is also proposed for public hearing.
- It is proposed to establish the TSDF at Dabbespet site by 31.12.2004(Tentative Date).
- The tentative date for establishment and operation of TSDF is 31st December, 2004. The hazardous waste presently authorised for storage in the generators premises will be shifted to landfill site facility after 31st December, 2004.
- Public notice was issued in the Kannada & English dailies on two occasion (3.12.2003 and 7.1.2004) directing the HW generators not to dump hazardous waste and also the consequences for such open dumping. The ROs were also instructed to see that open dumping is not allowed and to report such violation to Central Office to take further action.
The updated information from Sikkim, Lakshadweep and Andhra Pradesh has not yet been received.