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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.
|
|
|
|
| |
|
| |
| 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. |
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