It observed that "considering the statement about gap in sewage generation and treatment and also gap in solid waste management, we levy compensation of Rs. 4,000/- crores on the State on polluter pays principle for its failure in scientifically managing the liquid and solid waste in violation of mandate of law, particularly judgments of the Hon’ble Supreme Court and this Tribunal. The amount may be kept in a ring-fenced account within two months to be operated as per directions of the Chief Secretary only for waste management (liquid and solid) in the State in the light of above observations. The amount be utilized for setting up solid waste processing facilities, remediation of legacy waste and setting up of STPs and FSSTPs so there remains no gap. Better alternatives to utilize the wet waste for composting at appropriate locations be explored. The scale of expenditure for STPs may be reviewed in the light of realistic expenses involved in decentralized/traditional systems or otherwise." NGT Bench comprising of Justice Adarsh Kumar Goel, Chairperson, NGT, Judicial Members Justices Sudhir Agarwal, and Arun Kumar Tyagi and Expert Members Dr. A. Senthil Vel, and Dr. Afroz Ahmad passed this order in the presence of officials from Bihar including Amir Subhani, Chief Secretary, Arunish Chawla, Additional Chief Secretary, Urban Development & Housing Department and Dhramendra Singh, Managing Director, Bihar Urban Infrastructure Development Corporation Limited.
NGT's directions are as under:
i. The Chief Secretary, Bihar may take further remedial measures to ensure compliance of SWM Rules considering the statutory timelines to be sacrosanct as already directed by this Tribunal vide judgment dated 22.12.201620 (para 10). Similarly, the timelines for ensuring setting up of necessary sewage
management systems have to be accepted as rigid timelines in view of judgment of the Hon’ble Supreme Court dated 22.02.201721 (para 6)
ii. Ring-fenced amount of Rs. 4,000/- crores for solid and sewage management be set apart within two months and such funds be kept as “non-lapsable”. (para 26 & 67)
iii. Legacy waste at 115 ULBs as well as at other ongoing sites be remediated without further delay and quantify remediated legacy waste indicating that no legacy waste is remaining and reported in the next compliance report. (Para 30)
iv. CPCB in consultation with some of the States PCBs and Municipal Corporations may work out environmentally safe methods/options for their use as directed in respect of State of UP (para 32).
v. Plastic waste and construction and demolition waste processing plants be set up ensuring that bio-medical, hazardous and Ewaste are not co-mingled and treated with solid waste (para 33).
vi. Immediate efforts be made for ensuring connectivity with existing STPs and proposed STPs (para 34).
vii. The issues relating to compliance of STPs with standards and utilization of treated sewage be monitored and looked into by centralised mechanism at State level. Instead of high costed STPs in small population towns/villages, oxidation ponds and other low cost options be preferred including modular STPs. Similarly, in-situ remediation projects be duly executed (para 47).
viii. Chief Secretary may immediately set up orientation programme on regular basis at appropriate institutional level to deal with environmental issues at district level. The execution plans should not be held up in repeated tendering systems. (para 55).
The next date of hearing is May 11, 2023.