National Green Tribunal Imposes 4000 Crore Compensation On Bihar For Failure To Scientifically Manage Waste

National Green Tribunal (NGT) has imposed Rs.4000 crore compensation on Bihar on polluter pays principle for its failure in scientifically managing the liquid and solid waste in violation of mandate of law, Supreme Court and NGT guidelines.

The Tribunal opined that there was a gap in sewage management of “more than 2000 MLD” and a legacy waste of more than 11.74 lakh metric tonnes as well as unprocessed urban waste of 4072 metric tonnes per day.

The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, Dr.A.Senthil Vel,Dr.Afroz Ahmad said that, “Being part of right to life (right to pollution free environment), which is also basic human right and absolute liability of the State, lack of funds or other resources such as land (sites for waste management) cannot be plea to deny such right”.

NGT further said that, it is the constitutional responsibility of the State and the Local Bodies to provide pollution free environment and to arrange necessary funds from contributors or others.

The Court was hearing a suo moto application in the presence of Chief Secretary of Bihar to monitor the Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues with respect to the State.

The Tribunal was monitoring the issues of solid as well as liquid waste management as per orders of the Supreme Court in Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order in Paryavaran Suraksha vs. Union of India, with regard to liquid waste management.

After perusing the presentation filed by the Chief Secretary, NGT opined that the data is incomplete as the legacy waste figure is only in respect of 26 dump sites.

“It is also not clear whether rural waste data has been included. Taking the figures as presented, gap in sewage management is more than 2000 MLD,”it observed.

The Tribunal highlighted that Needless statutory timelines under SWM Rules under the EP Act are binding and mandatory as section 15 of the EP Act makes violation thereof criminal offence.

“Apart from collection, segregation and transportation of waste, scientifically handling of waste (processing and disposal) as per SWM Rules 2016 is required”, the bench observed.

The Tribunal also gave slew of directions for management of waste, including the following:

• Central Ministries and Departments need to facilitate States/UTs to effectively execute centrally sponsored projects. This should include utilization of waste for defined purposes involving components of central funding.
• Legacy waste sites, which are reported to be only 26 having 11.7 lakh MT of legacy waste, must be maintained free from fires and other hazards till remediation is completed. Safety of workers engaged and preventing public nuisance should be ensured.
• Plastic waste and construction and demolition waste processing plants should also be set up ensuring that bio-medical, hazardous and E-waste are not commingled and treated with solid waste.
• The level of gap in sewage treatment is to the extent of 2193 MLD. Appropriate treatment of such waste has to be undertaken ensuring that no fecal contaminants are discharged into water streams/ponds/rivers.
• Observing that water quality data maintained by CPCB and Bihar State PCB shows that at all 33 locations, where water quality of river Ganga is monitored,water of Ganga is not fit for bathing, “what to talk of drinking”. It contains a high extent of fecal coliform bacteria. The Tribunal directed that discharge of sewage in Ganga or its tributaries should be prevented.
• Efforts are also required on utilization of treated sewage such as by establishments like malls, industrial estates, automobile establishments, power plants, playgrounds, railways, bus stands, local bodies, universities etc. to save potable water for drinking.
• Use of treated sewage for afforestation measures may result in higher carbon sequestration for which carbon credit can be claimed as per applicable policy, which may be explored by the State, if so advised.
• State is responsible for having a comprehensive time bound plan with tied up resources to control pollution which is its absolute liability. If there is deficit in budgetary allocations, it is for the State alone to have suitable planning by reducing cost or augmenting resources.
• The Chief Secretary may also entrust responsibility to Senior Secretaries to monitor waste management for establishments governed by non-municipal entities.
• Compliance of environmental norms on the subject of waste management has to be high on priority. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level.

It also observed that the Dump site emits intolerable smell and causes a hazardous and unsafe environment for inhabitants in the vicinity.

The life of inhabitants in the city “is hell which is denial of their constitutional and human rights”, it added.

In terms of money also, huge loss is caused to public health and environment. “This situation is not acceptable in a civilized society governed by rule of law”, observed the Court.

In light of the above the Tribunal levied the 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, judgments of the Supreme Court and the 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”, the Tribunal held.

The NGT also directed that the Chief Secretary should file six-monthly progress reports with verifiable progress, including details on the quantity of sewage and solid waste generation, treatment, and the gap with respect to each city, town, and village to the Registrar General of the Tribunal.

Case Title: In re:Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues

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