The Original Application No. 606/2018 pertaining to the "Compliance of Municipal Solid Waste Management Rules, 2016 and Other Environmental Issues" was registered on August 20, 2018 in the Principal Bench of the National Green Tribunal (NGT). NGT passed a 64 page long order on May 4, 2023. In respect of State of Bihar, it concluded that "We hope in the light of interaction with the Chief Secretary, the State of Bihar will take further measures in the matter by innovative approach and stringent monitoring, ensuring that legacy waste to the extent or more than 11.74 lakh MT as well as unprocessed urban waste of 4072 TPD and gap in liquid waste generation and treatment which is 2193 MLD are bridged at the earliest, shortening the proposed timelines, adopting alternative/interim measures to the extent and wherever found viable. Restoration plans need to be executed at the earliest simultaneously in all districts/cities/ towns/ villages in a time bound manner without further delay with well laid monitoring mechanism at State and District level. District Magistrates must take ownership for monitoring of sewage and solid waste management and regularly providing report to Chief Secretary on monthly basis and overall compliance be ensured by Chief Secretary for which regular meetings be conducted."
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 heard the matter in compliance with Supreme Court's order dated September 2, 2014 in Writ Petition No. 888/1996. The Supreme Court observed “handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions.” The matter was monitored by the Court for about eighteen years wherein it passed order in 2000 and 2004 directing scientific disposal of waste by setting up of compost plants/processing plants, preventing water percolation through heaps of garbage, creating focused ‘solid waste management cells’ in all States and complying with the Municipal Solid Waste Management Rules. Even after 26 years of monitoring, 18 years by the Court and eight years by the NGT, "ground situation remains unsatisfactory".
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.
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