1. In this application, direction has been sought to remove the waste, including plastic waste from the existing site which is in the forest area to any other suitable site as per Rules.
2. Case of the applicant is that in violation of the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016, the garbage, including non-degradable waste is being dumped at different places of City of Almora. The reference has been made to the news item dated 06.08.2018 published in ‘Times of India’ and the studies with regard to the adverse effect of plastic which requires scientific disposal.
3. The Municipal Committee, Almora in its reply has stated that proper waste disposal could not be arranged for want of funds. Some steps have been taken by employing some vehicles, the man-power and the equipments.
4. Further affidavit has been filed on 15.09.2017, stating that the DPR has been prepared for solid waste management and arrangements are being made for handling the municipal solid waste as per Rules. Land has been made available for the purpose.
5. The matter was considered by the Tribunal on 16.03.2016. The Municipality and its officers were directed to take steps for waste disposal in accordance with the Rules.
6. On 30.08.2016, the stand of the Municipality that steps were being taken to arrange waste disposal site by seeking forest clearance, was noted. On 24.01.2017, it was noted that the forest clearance has been granted for the site in question.
7. Today, it is stated that the DPR which was earlier prepared is being revised and the process of revision will be completed by the end of this month and the integrated waste processing facility project will commence as soon as the process of revision of DPR is completed.
8. In view of the serious failure on the part of the Authorities in complying with the mandatory requirements of the statutory Rules, we direct that the project of waste processing and treatment facility must now commence on or before 15.12.2018. This will be the responsibility of the Additional Chief Secretary, Urban Development, State of Uttarakhand and an affidavit of compliance may be filed by the Additional Chief Secretary of Urban Development, State of Uttarakhand before this Tribunal on or before 21.12.2018.
9. We further direct that if the order remain un-complied, the Additional Chief Secretary, Urban Development should remain personally present before the Tribunal on the next date of hearing.
10. We direct Ministry of Environment, Forest and Climate Change (MoEF&CC) to take steps to implement the requirement of Extended Producer's Responsibility (EPR), in accordance with the provisions as contained in Plastic Waste Management Rules, 2016 as amended 2018. A report of the steps taken in this regard be furnished to this Tribunal by e-mail at filing.ngt@gmail.com.
11. List this for further consideration on 07.01.2019.