Expand and Collapse Menu
 
    Legal Matters -A Sine View - Information regarding implementation of Hazardous Waste

Information regarding implementation of Hazardous Waste (Management & Handling) Rules,1989 in the State of Maharashtra with reference to the order passed by the Hon’ble Supreme Court of India in Writ Petition (Civil) No.657 of 1995 filed by Research Foundation for Science, Technology &
                                                                                    Natural Resource Policy
                                                                                                  V/s
                                                                                      Union of India & Ors.
(1)Research Foundation for Science, Technology & Natural Resource Policy has approached Hon’ble Supreme Court of India under Article 32 of the Constitution of India, complaining of violations of Article 14 & 21 of the Constitution of India due to alarming situation created by dumping of hazardous wastes, its generation & serious & irreversible damage as a result thereof to the environment, flora & fauna, health of animals and human beings by filing the Writ Petition (Civil) No.657 of 1995

Maharashtra Pollution Control Board had filed its first Affidavit on 10-6-1997 through Dr.S.R. Chaudhari, the then Principal Scientific Officer, giving details of the steps taken for inventorisation of hazardous wastes as per initial Rules, 1989. A districtwise extensive survey was carried out and the units were given the authorizations with necessary terms & conditions. The Board officers had identified 3427 units as hazardous wastes generating/handling units in the State of Maharashtra. Out of 3427 units, 3013 units covered by grant of authorization by door to door surveys, 414 units served with the directions of closure under Section 5 of the Environment (Protection) Act, 1986. Maharashtra Pollution Control Board had submitted time bound programme for carrying out a detailed survey about ensuring availability of required safe disposal sites, steps taken by the industries to ensure safe disposal of hazardous wastes in those disposal sites. Taking into consideration the urgency of identification of sites for safe & scientific disposal of hazardous waste in the State of Maharashtra as required under the Hazardous Wastes Rules, 1989, Govt.of Maharashtra has declared M.I.D.C. as an agency for identifying suitable sites vide G.R.No.ENV-1096/C.R.19/TC.2, dated 29-10-1996 and 12-3-1997. The waste disposal sites identified the individual units had been asked to treat and dispose off the hazardous waste within their premises.

Govt.of Maharashtra issued a notification in respect of site at Patalganga Industrial Area vide G.R. No.ENV-1095/C.R.12/TC.2, dated 19-09-1996, out of 7 sites selected for disposal of waste.

Maharashtra Pollution Control Board had prepared proposal for refurbishing, development of existing laboratories of the Board and to establish 6 Field Laboratories for effective monitoring and analysis of hazardous waste in the State. The Board has also purchased 7 Mobile Monitoring Vans to ensure effective monitoring of the compliance of authorizations. A perspective Action Plan prepared by the Board and submitted to the Ministry of Environment & Forests, Govt.of India.

NEERI had reported the figure of 8545 units under its Draft Report on Inventorisation of Hazardous Waste Generating Units in Maharashtra without giving any list. The said list was prepared on the basis of applications for consent and consent letters scrutinized by the NEERI and not on the basis of actual survey. The inventorisation was not done on the basis of scrutiny of each case. The figure was worked out tentatively on hypothetical basis. MPC Board, therefore, had to act on its own for preparing the inventory of hazardous waste generating units. The officers of the Board had collected the information by extensive field surveys from the staff of the Board after issuance of widely circulated public notices, communication from the Board offices and through Industrial Associations in the year, 1997. A districtwise statement of units generating hazardous waste in the State of Maharashtra was prepared at that time is reproduced hereunder :

Sr. No. District (A) (B) (C)
1. Mumbai 310 30 40
2. Thane (including Navi Mumbai) 1181 54 162
3. Raigad 319 22 66
4. Nagpur 45 Nil Nil
5. Chandrapur 11 Nil Nil
6. Amravati 22 Nil 5
7. Buldhana 12 Nil 1
8. Bhandara 17 Nil 2
9. Akola 19 Nil 4
10. Yavatmal 6 1 Nil
11. Gadchiroli 1 Nil Nil
12. Wardha 9 Nil Nil
13. Pune 300 33 13
14. Satara 43 7 2
15. Solapur 34 17 1
16. Kolhapur 53 Nil 5
17. Sangli 19 Nil 1
18. Ratnagiri 42 Nil 3
19. Sindhudurg 1 Nil Nil
20. Aurangabad 101 22 17
21. Latur 4 6 1
22. Nanded 24 8 6
23. Beed 2 6 1
24. Jalna 12 2 1
25. Parbhani 3 5 6
26. Osmanabad 5 7 1
27. Nashik 78 38 4
28. Ahmednagar 43 13 1
29. Jalgaon 44 21 4
30. Dhule 4 19 5
  TOTAL 2764 311 352
Grand Total A,B, C 3427


The second Affidavit is filed by Dr.A. R. Supate, Sr.Scientific Officer & Incharge PSO on 11.9.2002 giving the details of inventorisation, illegal dump sites in the State of Maharashtra; treatment, storage & disposal facility at Taloja and TTC Navi Mumbai, Board infrastructure & difficulties in implementation of an Action Plan in view of change of categories of hazardous waste by subsequent amendments of 2000 and 2003 in the Rules. The information was also given in respect of defaulting industries, which have been prosecuted by the MPCB under Section 15 of the Environment (Protection) Act, 1986 read with Rules 11,12,13 & 15 of the Hazardous Waste (Management & Handling) Rules, 1989.

The third comprehensive Affidavit is filed by Dr.D.B. Boralkar, Member Secretary of the Board on 5.2.2004 in compliance of the various directions issued by the Hon’ble Supreme Court of India in the Writ Petition (c) No.657 of 1995 dated 14.10.2003 giving details of illegal dumping sites outside MIDC areas with rehabilitation plan as well as dumping sites in nearby industrial areas, open spaces in the industrial area along the roadsides and open plots near industries etc. The Board has also given the details of the CHWTSDF and work on inventorisation of hazardous waste generating units as per 2003 amendment and various actions initiated by the Board. The details about clean technology for re-refyning / recyclying of used oil / waste oil and action taken by the Board or imposing cleaner technologies within stipulated time through an expert committee for verification of compliance was also submitted. The details about the compliance of the other directions were also submitted alongwith 1st Action Taken Report (as on 31.12.2003). The 1st Action Taken Report is reproduced hereunder. First ATR

The Hon’ble Supreme Court of India has appointed monitoring committee under the Chairmanship of Dr.G. Tyagrajan to oversee the compliance of the directives issued by the Board, which monitors compliance of directives regularly. The Board has filed 4th Affidavit through Dr.D.B. Boralkar, Member Secretary of the Board alongwith 2nd Quarterly Action Taken Report on 9.5.2004, which is reproduced hereunder. Second ATR

The Board has also filed 3rd Quarterly Action Taken Report through the Affidavit of Dr.D.B. Boralkar, Member Secretary of the Board on 30.8.2004. The 3rd Quarterly Action Taken Report is reproduced hereunder. Third ATR

Till date the MPCB has submitted 9 Action Taken Reports upto 31/1/2006 before the Hon'ble Supreme Court of India & 10th ATr upto 30/04/06 is prepared & has to be submitted before the Hon'ble Supreme Court of India

The Board is rigorously following the directives issued by the Hon’ble Supreme Court of India and the 1st Action Taken Report has been accepted as a model Action Taken Report by the other State Pollution Control Boards.

(2) (Note on Imposition of Fine under Rule 16(3) of the Hazardous Waste (Management & Handling) Rules,1989, as amended May 2003, by the Maharashtra Pollution Control Board
The Board has carried out survey of the industries that had unauthorisedly dumped/stored the hazardous wastes in an unscientific manner in their premises through its Field Officers and quantified the quantity of the hazardous wastes stored in their premises in an unscientific manner. The Board had communicated a list of industries that had dumped unauthorisedly or stored unscientifically the hazardous waste in their premises to the Additional Director and Incharge, HWMD of the Central Pollution Control Board.

Additional Director & Incharge, HWMD, Central Pollution Control Board has communicated approval of the competent authority of the Central Pollution Control Board vide letter dated 16/2/2004. After receipt of the approval from the Central Pollution Control Board, the Board has issued show cause notices for imposing fine to 18 industries, which had stored the hazardous waste unscientifically in their premises. The Board has also communicated a list of industries alongwith the amount of fine proposed in the show cause notices to the Monitoring Committee appointed by the Hon’ble Supreme Court of India by way of 2nd Quarterly Action Taken Report and also filed an Affidavit before Hon’ble Supreme Court of India, giving details of the Action Taken Report.

Thereafter, the Board had called verification report from the respective Regional Officers about the compliance of the show cause notices issued for the imposition of fine. After receipt of the show cause notices, most of the industries taken hazardous wastes stored in their premises to a Common Hazardous Wastes Treatment & Disposal Facility at Taloja/TTC, where, they have become the members. The Board had issued directions imposing fine on the defaulting industries, which had not lifted the hazardous wastes and taken to a CHWTSDF. A statement showing the list of industries upon whom fine is imposed & received by MPCB is reproduced as under.

Statement showing the names of the industries and amount of fine imposed
& received by MPCB under Rule 16 (3) of the Hazardous Wastes
(Management & Handling) Rules, 1989, as amended, May 2003.
Name of the defaulting industry, which had paid fine Amount of fine imposed & received by MPCB
1. M/s.Indian Petrochemicals Corpn.Ltd.,P.O.: Petrochemicals Township, Dist: Raigad. Rs.16,50,000/-
2. M/s.Sadhana Nitrochem Ltd.,47, MIDC Roha, Dist:Raigad. Rs.12,000/-
3. M/s.Commins India Ltd.,Kothrud, Pune. Rs.24,000/-
4.

M/s Tasc Pharmaceuticals Ltd.,
D-10, MIDC Kurkumbh, Dist - Pune

Rs.75,000/-
5.

M/s Thyssenkrupp Electrical Steel (I) Pvt. Ltd. (Formerly EBG India Pvt. Ltd.),
Gonde Village, Wadivarhe, Tal. Igatpuri, dist- Nashik

Rs.1,87,500/-
6. M/s Everest Industries Ltd., 152, Lakhampur, Dindori, Nashik Rs.3,00,000/-
7.

M/s Mazda Colours Ltd., D-51, TTC, Turbhe,Navi Mumbai

Rs.15,000/-
8.

M/s Mukund Ltd.,Steel Division

Rs.15,000/-
9.

M/s Bajaj Electronics Ltd., Shirur Dist- Pune

Rs.7,500/-
10.

M/s Konkan Synthetics Dist- Ratnagiri

Rs.6,000/-
11.

M/s Rencal Industries,Dist- Ratnagiri

Rs.1,500/-
12.

M/s River Side Industries Dist- Ratnagiri

Rs.4,500/-
13.

M/s Schenectady Herdillia Ltd., Dist- Ratnagiri

Rs.1,500/-
14.

M/s Shreyas Intermediates,Dist. Ratnagiri

Rs.7,500/-
15.

M/s Swastik Industries, Dist- Ratnagiri

Rs.3,000/-
16.

M/s Deepak ColourchemDist- Ratnagiri

Rs.3,000/-
17.

M/s Mahalaxmi SeamlessRaigad

Rs.37,500/-
18. M/s. Metropolitan Eximchem Ltd., Plot No.D.CFC, MIDC, Phase-II, Dombivli(E), Thane-421204 Rs.1,00,000/-
19. Markson Pharma Ltd., (formerly Tasc pharmaceuticals) Pune Rs.8,76,000/-
20. Albright & Wilson Chemicals India Ltd., MIDC, Plt. No. 103, 104, At Dhatav, Tal.Roha, Dist:Raigad Rs.6000/-
TOTAL amount of Fine received by the MPCB Rs.33,32,500/-
 
The Board has received an amount of Rs.33,32,500/- fine from the defaulting units.
Go Top
  Copyright © 2011 All Rights Reserved. Weblinks| FAQ's| Contact Us
Powered By:Omkar Multimedia Communication.
Maintained by:Environmental Information Centre, Maharashtra Pollution Control Board
Kalpataru Point, 3rd and 4th floor, Opp. CineMax Theatre, Sion (E), Mumbai-400 022