NGT passes judgment on 20-year-old petition on municipal solid waste, asks for strict enforcement of waste treatment
In a significant order on municipal solid waste rules (MSW), 2016, the National Green Tribunal (NGT) principal bench has said that top officials of state governments and municipal bodies shall be liable for prosecution if they violate the rules and orders of the Tribunal on its enforcement.
It has also asked all state governments and union territories to prepare an action plan within a month, to enforce the new MSW Rules, 2016 and directed environment ministry to consider phase out of polyvinyl chloride (PVC) plastic used in packaging.
The NGT's detailed 89-page judgment of a four-member bench, headed by justice Swatanter Kumar, was passed on Thursday while hearing the petition of Bengaluru-based veteran environment conservationist Almitra Patel, who had sought directions on effective management of solid waste across the country. The Tribunal's judgment brought down curtains on a 20-year-old petition, that was initially filed as writ in the Supreme Court and was later transferred to the Tribunal in 2014.
Patel's petition led to the formulation of the first Municipal Solid Waste Rules in 2000 that were overhauled in 2016 by the environment ministry. Speaking to DNA, Patel said, "I am happy that they are finally planning on directing phase out of short life PVC's, stationary, flex-banners etc, which ends up burning on the footpath or in the landfills. Burning them releases dioxins."
She added, "The country needs political and administrative will that has been lacking for 16 years since the 2000 Rules. So, I am waiting to see if the threat of contempt makes any impact."
The Tribunal's verdict revealed that no municipal corporation has ever physically verified the quantum and quality of waste generated in any district of any state or even a city. "They have proceeded with a presumptive figure that per-capita generation of MSW is nearly 450 grams per day in major towns while per capita MSW generated from small towns is 200-300 grams per day," it said.
It added, "The Central Pollution Control Board report for the year 2014- 15 has revealed that out of 7935 urban local bodies (ULBs), as per 2011 census only 389 ULBs have established compost, vermi-compost sites." This means that 92 per cent of ULBs are dumping its solid waste in open areas without treatment.
On the issue of the piles of waste accumulating at landfills, the Tribunal has directed that landfills should be subjected to 'bio-stabilisation', which means that the mounds of waste have to be upturned at regular intervals for composting.
It also attempted to deal with the contentious issue of tipping fees, which are paid to contractors who collect and transport waste in cities. It said that tipping fee paid to the operator of the landfill facilities or contractors should also be based on the functioning of waste treatment along with the weight of the solid waste.
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