RAJIV NARAYAN v. UNION OF INDIA

MARPOL Convention and also considered and accepted the recommendation of the High-Powered Committee on the subject of handling of hazardous waste generated by the ship breaking process and also the waste oil or such other material. MoEF&CC was directed to consider making a provision for bank guarantee by the importers using used oil, furnace oil and zinc waste to regulate illegal transboundary movement of hazardous waste. Directions were also issued for publication of toxic inventory and community participation. Timelines were prescribed for twenty-nine specified activities to be undertaken by MoEF&CC, CPCB, SPCBs/PCCs. The matter was disposed of vide judgment dated 06.07.2012 reported in (2012) 7 SCC 769 reiterating continued compliance of earlier directions with further directions for scientific handling of hazardous waste including ship breaking, banning import of hazardous waste and reviewing and revising Hazardous Waste (Management and Handling) Rules, 1989 to cover the aspects not satisfactorily dealt with and also to provide adequate protection to the workers and the public.

3. This Tribunal while considering the compliance of order dated 13.01.2015 in O.A. No. 36/2012 relating to pollution at Ghaziabad, vide order dated 29.08.2017 considered the issue of compliance of HOWM Rules seeking information with reference to the following questions:-

"(a) As to what is the total generation of hazardous waste in their respective States.

(b) Which agencies have been authorized in terms of rules to collect, transport, disposed of and the process of the hazardous wastes.

(c) What is the capacity of the plants which have been given due authorization for that purpose.

(d) What happens and how the remnant hazardous waste is being dealt with.

(e) The members who have been allotted any of the authorized plants and are not sending hazardous waste to those plants.

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What action the concerned authorities i.e. the State Government and the respective States and State Pollution Control Boards have taken so far, against such members. These details should be filed within one week from today."

4. The present Original Application was registered after considering the status of compliance. Vide order dated 30.07.2018, this Tribunal directed constitution of a Monitoring Committee by the CPCB to compile information about the status of compliance of the HOWM Rules. Further order was passed on 05.12.2018 in the light of the order of the Hon'ble Supreme Court dated 18.07.2018 transferring consideration of prayers before the Hon'ble Supreme Court on the following issues:-

"(a) Preparation of a National Inventory of Hazardous wastes;

(b) Complete identification and registration of Hazardous wastes generating units in the country;

(c) Construction of TSDF/Landfills;

(d) Hazardous Waste Dump Sites;

(e) Waste oil/used oil read with the order dated 23.10.2007;

(f) Setting up of laboratories at the dock/ports;

(g) Institutional Reforms in MoEF, CPCB, SPCB, PCC;

(h) National policy documents on Hazardous Wastes as well as cleaner technology;

(i) Regarding workers handling hazardous wastes."

5. CPCB constituted a Monitoring Committee on 09.08.2018 and issued following directions to all PCBs and PCCs:-

"(a) Ensure that all the solvent recovery industries in the state have mandatory Authorisation for the same in compliance with the SOP and Checklist issued by CPCB for solvent recovery units, within one month. The said SOP and checklist have been circulated to all SPCBs/PCCs vide letter no. B29016/(SC)/1(55-IV)/17- 18/WMII/18152-86 dated 08/3/2018 and is also available at CPCB website http://cpcb.nic.in/uploads/hwmd/utilizaionspent solvent.pdf.

(b) Ensure that these solvent recovery industries shall immediately follow the SOP, for safe and scientific spent solvent handling, processing and storage.

(c) Ensure that such solvent recovery units shall comply with the provisions of HOWM Rules, 2016, in terms of interstate transport of Hazardous waste and manifest document prescribed under Rule 18 and 19 of the HOWM Rules, 2016, with immediate effect. Stringent action be taken against the erring industries who are giving the

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spent solvent to such recycling industries without following the manifest systems.

(d) Conduct industry interaction programs within a month to create awareness and sensitization on HOWM Rules, 2016 with all the stakeholder industries of Spent Solvent generation/utilization.

(e) Prepare an inventory of such solvent recovery units and publish the same on their website for information of all, stakeholders within one month with copy to CPCB within one month."

6. In the light of the interim report of the Monitoring Committee, the Tribunal passed order dated 12.04.2019 directing the Chief Secretaries of the States at the State level and Ministry of Environment, Forest and Climate Change (MoEF&CC) and CPCB at the national level to monitor the compliance of the recommendations. The Committee was directed to complete its remaining task within three months. The CPCB was to complete its report on the regime of compensation for violation of the HOWM Rules.

7. Thereafter, vide order dated 26.08.2019, the Tribunal considered the report of the Monitoring Committee dated 23.07.2019 and report of the CPCB dated 14.08.2019 under the following headings:-

"(i) Contaminated Sites and Related Issues

(ii) Import and Export of Hazardous Wastes and Issues

(iii) Waste Reception Facilities for wastes generated from ships and issues

(iv) Impact of HW on Workers' Health

(v) Status of compliance of issues with regard to orders of Hon'ble Supreme Court dated 14.10.2003."

8. The Tribunal accepted the recommendations of the Committee and the CPCB and directed follow up action. The operative part of the directions is quoted below:-

"20. In the light of above, the States/UTs, CPCB/SPCBs/PCCs, the Central Board of Indirect Taxes and Customs (CBIC), the Port Authorities, the DGFT, the MoEF&CC, the Ministry of Shipping, Ministry of Labour and Employment and the

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Department of Labour of all the concerned States/UTs may take necessary steps in terms of the recommendations of the Committee within the timelines specified. If there is any default, the Tribunal may consider requiring environmental compensation to be paid by the defaulting parties. While doing so following specific steps may be ensured:

i. Hazardous waste inventory be updated and verified by way of test checks to ensure that the same is credible, reliable and robust in terms of contents and scope, as already recommended in the interim report of the Monitoring Committee dated 29.01.2019 which was accepted by the Tribunal on 12.04.2019.

ii. Since it has been reported that State Boards/PCCs of Dadra & Nagar Haveli, Haryana, Daman & Diu, Manipur, Lakshadweep and Nagaland have not furnished the relevant data, the said States/UTs may furnish the data within one month to the CPCB, failing which they will be liable to pay a sum of Rs, 1 lakh per month with effect from 01.10.2019.

iii. As already directed, all the States which have not set up TSDF may do so and the States which fail to set up the same up to 31.03.2020, will be liable to pay environmental compensation of Rs. 10 lakh per month. However, with regard to States which may be categorized as small States, having regard to the quantum and nature of generation of hazardous waste, the liability to pay compensation will start from 01.01.2021. The categorization based on threshold limit of generation of hazardous waste be made by the CPCB within one month from today and placed on its website.

iv. 126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.

v. Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.

vi. With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.

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vii. The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned.

viii. Whenever any difficulty arises, the CPCB may, on being so satisfied, allocate funds from environment funds available with it, which may thereafter be recovered from the concerned defaulters.

ix. The recommendations of the CPCB with regard to the compensation regime on the subject may be adopted, subject to further consideration of orders.

x. The CPCB may oversee the compliance of these directions compile data from all quarters and furnish an interim compliance report before 15.04.2020 by email at judicial- ngt@gov.in."

9. The matter was further reviewed vide order dated 07.07.2020 as follows:-

10. It is in the above background that the present report dated 24.06.2020 has been filed by the CPCB. In short, the report deals with the compliance status as to updating of Hazardous Waste ("HW") inventory, status of setting up of TSDFs, remediation of contaminated sites, completing the process of identification of remaining 'probably' contaminated sites and their remediation and recovery of compensation.

11. We have heard Shri Raj Panjwani, Senior Advocate for the Applicant and Shri Rajkumar, Advocate for the CPCB.

12. The stand of the States PCBs/PCCs and States/UTs is already reflected in the report. Summary of status of compliance with reference to the directions of this Tribunal has been provided by the CPCB as follows:-

"The point wise action taken and status on the directions dated 26/08/2019 of the Hon'ble NGT is as below:

i. Hazardous waste inventory be updated and verified by  CPCB has prepared guidelines for way of test checks to ensure "Preparation of Inventory on that the same is credible, Hazardous and Other Waste reliable and robust in terms Generation and their Management" of contents and scope, as and circulated to all SPCBs/PCCs already recommended in the for preparation and submission of interim report of the annual inventory vide letter dated Monitoring Committee dated 25/06/2019. Same is placed on

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29/01/2019 which was CPCB website. accepted by the Tribunal on 12.04.2019.  The above guidelines outline the methodology for preparation of

inventory; identification of

hazardous and other waste

generating facilities; collection and interpretation of data; criteria for selection of units for random

verification of hazardous and other waste generation and their

management; etc.

 With regard to Annual Inventory for 2018-19:

 Out of 35 SPCBs/PCCs, 33

SPCBs/PCCs (except Arunachal

Pradesh and DDD&NH)

submitted the inventory report.

 Various gaps (such as

mismatch in hazardous waste

generated/ managed/

received/sent/no. of

recyclers/utilizers, authorized

capacity and quantity

recycled/utilized) have been

identified by CPCB in the said

annual inventory of

SPCBs/PCCs and same were

communicated to respective

SPCBs/PCCs.

 Of 33, only 25 SPCBs/PCCs have submitted the revised annual inventory report, however, few gaps have still not been clarified

 Based on the information provided by 33 SPCBs/PCCs, CPCB has prepared National Inventory Report on Hazardous and Other Waste Generation and its Management (2018-19). Findings of National inventory on Generation and Management of Hazardous waste is appended as Appendix A and State-wise inventory report on generation and management of hazardous and other wastes is appended at Annexure- 2 of CPCB report -June, 2020.

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Hon'ble NGT orders dated 26.08.2019 pertains to "Contaminated Sites" as

reproduced below:

"………… iv. 126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the

55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.

v. Failure to remove the waste from the 126 identified sites will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB.

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Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.

vi. With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.

vii. The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned………………."

In compliance to order of Hon'ble NGT dated 26.08.2019, actions initiated by CPCB:

In response to CPCB letters and email communications, 19 out of 21

SPCBs/PCC have submitted their information/Status Report on Action

Taken/Initiated for "Assessment of contaminated sites" till 22.06.2020.

However, no information received from Chhattisgarh & Rajasthan

SPCBs.

State wise Compliance status on Action taken/initiated by SPCBs/PCCs is given at Section-C & D of Chapter 8 (pls refer page 228 of status report of CPCB).

Overall summary of contaminated sites in India

126 Contaminated Sites list Total sites No. of submitted before Hon'ble NGT S. submitted active

Name of the 55 sites (DPRs/ 71 sites No. before NGT in sites* till States/UT Remediation (DPR 2019 date

completed/on-going) required)

1. Andhra Pradesh (AP) 3 3* 1**

2. Assam (AS) 4 4 1

3. Delhi (DL) 26 26 4

4. Goa (GA) 2 2 1

5. Gujarat (GJ) 23 23* 1*** 7

6. Haryana (HR) 17 17 3

7. Himachal Pradesh 6 6 1

8. (JHhPa)rkhand (JH) 14 14 2

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9. Karnataka (KA) 25 25 5

10. Kerala (KL) 13 10 4 (1## &1^###) 2

11. Madhya Pradesh (MP) 20 20* 4 (1^###) 2

12. Maharashtra (MH) 5 6* 1*** 1

13. Odisha (OD) 31 32* 4(3^##) 18

14. Punjab (PB) 9 9 6

15. Tamil Nadu (TN) 14 11 3 (2***) 3

16. Telangana (TS) 9 9 1 1

17. Uttar Pradesh (UP) 40 42* 8 (2*** & 2^##) 10

18. Uttarakhand (UK) 9 9 1

19. West Bengal (WB) 35 7 27 (1**, 1^##& 25^###)

20. Chhattisgarh (CH) 5 5 2

21. Rajasthan (RJ) 11 11 1 1 Total 321 291 55 71

Note:

(a) Contaminated sites - 126 (55+71) sites Till June, 2020

(b) Probable sites - 195 sites Total sites: 291 sites

(c) New sites* - 7 sites (AP-1, GJ-1, MH-1, MP-1, OD-1, UP-2)

(PCS-175 and CS-116) (d )De-listed - 37 sites (AP-1, KL-3, GJ-1, MP-1, TN-3, WB-28) A. Summary of 55 sites:

AP-1^#& WB-1^# *** Remediation on-going

6 sites:

GJ-1, MH-1, TN-2 & UP-2

## Remediation about to initiate

7 sites:

KL-1, OD-3, UP-2 & WB-1

### Remediation not required

27 KL-1 # , MP-1 # & WB-25 #

Assessment completed

s1i tseiste:^:

RJ-1 DPR about to complete

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Information not received from SPCBs/PCC 12 sites: CH-2, DL-4, GA-1, PB-3 RJ-1 & UK-

1

Further as per preliminary assessment report, 2 sites: GJ-01 & UP-1 HW lifted/removed

HW not observed 11 sites: HP-1, KA-1, TN-2 & UP-3

C. Summary of 195 Probable sites:

Further as per preliminary assessment report, 4 sites: DL-1, GA-1, GJ-1^#& UP-1

HW lifted/removed from the sites

HW not observed 33 sites: HR-8, HP-5, TN-1, TS-5 &

UP-15

D. Status of 07 new sites (AP-1, GJ-1, MP-1, MH-1, OD-1 & UP-2):

Observations:-

Action taken reports submitted by the SPCBs/PCC are examined by CPCB and following observations are made as below:

i. SPCBs/PCC have carried out only few sampling of limited matrices for most of the sites. Therefore, conclusion may not be drawn whether the site is contaminated or not, even if the concentrations levels reported within the standards/levels.

ii. Few SPCBs/PCC have carried out only site inspection. However, no sampling was done.

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iii. Majority of the SPCBs/PCC, except AP, Assam, Gujarat, Haryana, HP, Kerala, MP & Odisha have not submitted proper inspection reports along with analysis results and site visit photographs for most of the sites.

iv. Few sites were found at/nearby Temples, residential colonies and where construction of flyover activities were already done, etc.

v. None of the states/UT, except Odisha has constituted Empowered Monitoring Committee (EMP) for monitoring of Remediation Plans.

Recommendations

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Note: Preliminary sites investigation/detailed investigation followed by

Remediation may be carried out - By SPCBs/PCC by engaging reputed

Remediation Consultants.

Way Forward:

i) Need of National Policy on Management of contaminated sites.

ii) Need to update Inventory of contaminated sites.

iii) Immediate remedial actions for priority contaminated sites.

iv) Remediation of orphan sites through funding from State/Central Govts.

v) Compliance status on Recommendations of the Monitoring Committee related to Contaminated sites are as below:

3. Assessment and remediation of Contaminated sites:

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(i)MoEF&CC/CPCB/ SPCBs/PCCs shall (i) A project sponsored by MoEF&CC at IIT undertake action research and Delhi, a National Network of Experts and also promote academic courses on this Resources for Subsurface Investigations a subject in association with academic Remediation of Contaminated Sites (NERCS) and research institutions. has been formed. In this regard, Web page of NERCS is given at Annexure-XV (page 507)

(MoEF&CC/CPCB/SPCBs/PCCs: 06 for kind reference.

months)

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Table-8.1 Summary of state wise site distribution as per action taken report submitted by SPCBs/PCC (Ref: page 227 of CPCB status report)

Status submitted HW still Updated status as on June, On-going HW not before the lying at the HW Proposed DPRs and Assessment/ observed

S.

States/UTs Hon'ble NGT 2020 site removed/

De-listed Remediation Remediation (as per site

No. (as per DPR lifted from Probable sites completed works inspection

Total Sites Total Contaminated prepared by the sites Sites

Sites^*by SPCBs)(PCS +CS) Sites (CS) CPCB)

1 Andhra Pradesh 3 (2+1) 3* (PC3 S) 0 1 1 1

2 Assam 4 (3+1) 4 2 2

3 Chhattisgarh 5 (3+2) 5 3 2

4 Delhi (NCR) 26 (22+4) 26 14 12

5 Goa 2 (1+1) 2 2 1

6 Gujarat 23 (15+8) 23* 15 8 1 1 2

7 Haryana 17 (14+3) 17 13 4 8

8 Himachal Pradesh 6 (5+1) 6 5 1 6

9 Jharkhand 14 (12+2) 14 12 2 10

10 Karnataka 25 (20+5) 25 19 6 1

11 Kerala 13 (7+6) 10 6 4 3 4 1

12 Madhya Pradesh 20 (14+6) 20* 16 4 1 4 1 1

13 Maharashtra 5 (3+2) 6* 3 3 1 1

14 Odisha 31 (9+22) 32* 9 23 4 4

15 Punjab 9 (3+6) 9 3 6

16 Rajasthan 11 (9+2) 11 9 2

17 Tamil Nadu 14 (8+6) 11 5 6 3 1 2 1 3

18 Telangana 9 (7+2) 9 7 2 1 5

19 Uttar Pradesh 40 (22+18) 42* 17 25 7 2 1 18 3

20 Uttarakhand 9 (8+1) 9 8 1

21 West Bengal 35 (8+27) 7 6 1 28 27

Total 321 (195+126) 291* 175 116 37 48 18 8 40 8

Note:* including new 07 sites

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Compliance of Recommendations in Interim Report:-

> CPCB formulated a format (incorporating key indicators) and forwarded the same to all SPCBs/PCCs for submission of quarterly implementation status on the recommendations made by Monitoring Committee in its interim report.

> Further, CPCB continuously followed up with the

SPCBs/PCCs for submission of the quarterly information.On the basis of the information Submitted by SPCBs/PCCs, CPCB has compiled quarterly compliance status and submitted the same before Hon'ble NGT on 24/06/2020. The overall status is appended at

Appendix D and details are provided in Chapter 5 of CPCB report- June 2020.

Compliance of Recommendations in Final Report:

> CPCB conducted two interactive meetings with various organizations viz., CBIC, DGFT, DG(S), SPCBs/PCCs, MoEF&CC, followed by field visitsto two Ports & one Waste Oil Recycler in Maharashtra, besides forwarding questionnaire to the concerned

organizations/departments forensuring compliance with rigorous follow ups.

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> With regard to recommendations related to impact of hazardous wastes on workers' health and waste reception facility to deal with ship generated wastes

progressive steps have been taken by the concerned organizations (viz., Ministry of Shipping Ministry of Environment,

Forest and ClimateChangean

Ministry of Labour) toensure

compliance. Whereas, recommendations pertaining to SPCBs/PCCs, Port Authorities and Department of Labour of States/UT Government needs to addressed on a continuous basis.

With regard to import/export of hazardous wastes, further actions are required to be taken by Central Board of Indirect Taxes and Customs (CBIC), Directorate General of Foreign Trade (DGFT) and Port Authorities with review by Ministry of Environment, Forest and Climate Change on a regular basis to ensure compliance of the Hon'ble NGT dated

26.08.2019.

>CPCB has constituted a National Expert Committee to devise National Hazardous Waste Management Policy covering the aspects related to strengthening of institutional framework of regulatory agencies and Research & Development initiatives including Clean Technology besides hazardous waste management issues.

>On the basis of the information submitted by the concerned organizations, CPCB has prepared compliance status report and submitted the same before Hon'ble NGT on 24.06.2020. The overall compliance status of various organizations is appended at

Appendix E and details are provided in Chapter 6 of CPCB report- June 2020. The way forward and recommendations based on the compliance status submitted by concerned stakeholders, have been given in

Appendix F and also given in Chapter 7 of CPCB report-June, 2020.

13. Shri Panjwani has referred to certain parts of the report to show that timelines for remediation have not been given, information of land fill sites is not complete, ground water and soil testing have not been done and that there are huge gaps in compliance of the Rules but no adequate action has been taken against the violations in the form of recovery and compensation or otherwise. He pointed out that, vide order dated 26.08.2019, this Tribunal had directed that States which do not set up TSDF by 31.03.2020 will be liable to pay compensation @ Rs. 10 lakh per month and in view of failure of

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the States of Assam and Chhattisgarh or any other State, CPCB may recover such compensation. He further submitted that the State PCB should carryout inspection and conduct chemical analysis tests on all parameter of soil, surface, ground water, sedimentation etc. of the contaminated sites and submit said reports within 4 weeks to the CPCB, failing which they should be liable to pay compensation. PCBs may also provide information about the quantum of waste removed from 126 contaminated sites and the cost incurred which may be recovered from the generators of such waste. PCBs may also provide information about DPRs for 71 confirmed contaminated sites. Compensation may also be recovered from the States who failed to clear the hazardous waste sites in terms of directions of this Tribunal. Further submission is that CPCB and PCBs/PCCs may invoke their powers under the Rules to recover compensation for improper handling and management of waste, prosecute defaulters, document non-compliances and update their websites giving (a) details of industries, (b) date of inspection including collection of effluent or other samples, (c) whether unit is compliant or not, (d) if non-compliant then action taken including the date of notice if any sent to defaulter. CPCB may develop framework for enforcement of the Rules. Let these aspects be looked into by CPCB and response included in next report.

14. We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle. CPCB and PCBs/PCCs may not permit any new industry having potential to generate hazardous waste till facilities for disposal of such waste are ensured. Apart from this, following specific directions may be complied with:

i. CPCB may set up a system to cross verify the status of hazardous waste generating industries (at least 10% in each State) and also direct SPCBs/PCCs to impose environmental compensation against delinquent industries.

ii. Regarding remediation of contaminated sites, immediately 5 sites should be taken for remediation and executed within a period of six months. Environmental damages caused by such sites and loss in terms of monetary resources may also be estimated.

15. We direct all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020 by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."

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10. Accordingly, further report dated 27.01.2021 has been filed by the CPCB mentioning the action taken in compliance of order of this Tribunal dated 07.07.2020 as follows:-

"

1. ACTION TAKEN ON COMPLIANCE OF THE DIRECTIONS DATED

07/07/2020 OF THE HON'BLE TRIBUNAL

The details on the action taken, status on compliance vis-a-vis directions issued by the Hon'ble Tribunal is as below:

 Direction in Para 13 "...vide order dated 26.08.2019, this Tribunal had directed that States which do not set up TSDF by 31.03.2020 will be liable to pay compensation @ Rs. 10 lakh per month and in view of failure of the States of Assam and Chhattisgarh or any other State, CPCB may recover such compensation..."

Action Taken/ Status: In compliance of the aforesaid direction, CPCB vide its letter dated 06/08/2020 directed SPCBs of Assam and Chhattisgarh to deposit compensation and provide status of setting up of TSDF. However, Chhattisgarh Environment Conservation Board vide its letter dated 28/08/2020 has apprised that as per Rule 16(1) of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, the State Government, occupier, operator of a facility or any association of occupiers shall individually or jointly or severally is responsible for identification of sites for establishing the facility for treatment, storage and disposal of the hazardous and other waste in the State. Thus, CPCB vide its letter dated 09/09/2020 requested the Chief Secretaries of the above states to direct the concerned department (responsible for setting up of TSDF in their State) for deposition of compensation. In response, Environment and Forest Department, Government of Assam vide its letter dated 30/09/2020 requested CPCB to move application before Hon'ble NGT to condone the compensation, reporting that the delay in setting up was caused by CAB agitation followed by COVID-19 pandemic. In this regard, CPCB vide its letter dated 23/11/2020 requested the Environment and Forest Department to directly approach Hon'ble NGT for any relief in the matter. Whereas, in view of no response from State of Chhattisgarh, reminder letter to Chief Secretary of Chhattisgarh was issued on 23/11/2020. Details of the communication made and responses received are appended as Annexure II.

Direction in para 13 "....the State PCB should carryout inspection and conduct chemical analysis tests on all parameter of soil, surface, ground water, sedimentation etc. of the contaminated sites and submit said reports within 4 weeks to the CPCB, failing which they should be liable to pay compensation. PCBs may also provide information about the quantum of waste removed from 126 contaminated sites and the cost incurred which may be recovered from the generators of such waste. PCBs may also provide information about DPRs for 71 confirmed contaminated sites. Compensation may also be recovered from the States who failed to clear the hazardous waste sites in terms of directions of this tribunal...."

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Action Taken/ Status:

The status on the above direction is provided at Section 4 of this report.  Direction in Para 13 "...CPCB and PCBs/PCCs may invoke their powers under the Rules to recover compensation for improper handling and management of waste, prosecute defaulters, document non-compliances and update their websites giving (a) details of industries, (b) date of inspection including collection of effluent or other samples, (c) whether unit is compliant or not, (d) if non- compliant then action taken including the date of notice if any sent to defaulter. CPCB may develop framework for enforcement of the Rules. Let these aspects be looked into by CPCB and response included in next report..."

Action Taken/ Status:

In this regard, CPCB has prepared "Enforcement Framework for Effective Implementation of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016" in July 2019. The said framework includes various enforcement tools, tracking of non-compliances, categorization of non-compliances and approach for application of the said enforcement tools in cases of non-compliances of the HOWM Rules, 2016. The said framework is available on CPCB at

https://cpcb.nic.in/uploads/hwmd/Guidelines_ HW_1.pdf. The same has also been circulated to all SPCBs/ PCCs vide letter dated 18/07/2019. Subsequent to the above directions dated 07/07/2020, CPCB vide its letter dated 27/08/2020 again communicated the aforesaid framework to all SPCBs/PCCs.

The details on all the enforcement action taken by CPCB alongwith details of the industry and action initiated as directed above, is available on CPCB website and the same is updated on regular basis.

Further, based on the responses received from 34 SPCBs/PCCs the status on powers invoked on the non-compliance by SPCBs is given as below:

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S.No States/UTs No. of No. of No. of units against which action has been defaulting habitual generated

units defaulte Rule Rule Refusal/ Prosecutio FIR

rs 23(1) 23(2) Revocation n under Lodge

enforc enforc E(P)A, d

ed ed 1986

1. Andman & Nicobar Islands 0 - - - - - -

2. Andhra Pradesh Relevant details not provided in prescribed format

3. Arunachal Pradesh 01 01 01 0 0 0 0

4. Assam Relevant details not provided in prescribed format

5. Bihar* 05 0 0 0 0 0 0

6. Chandigarh Relevant details not provided in prescribed format

7. Chhattisgarh 04 0 0 04 0 0 0

8. Delhi - - - - - - -

9. Goa - - - - - - -

10. Gujarat Relevant details not provided in prescribed format

11. Himachal Relevant details not provided in prescribed format Pradesh

12. Haryana 07 0 0 0 07 0 0

13. Jammu & 30#

Kashmir - - - - - -

14. Jharkhand Relevant details not provided in prescribed format

15. Karnataka Relevant details not provided in prescribed format

16. Kerala Relevant details not provided in prescribed format

17. Lakshadweep - - - - - - -

18. Madhya Pradesh - - - - - - -

19. Maharashtra - - - - - - -

20. Manipur Relevant details not provided in prescribed format

21. Meghalaya 2 0 0 0 2 0 0

22. Mizoram 7^ 0 0 0 0 0 0

23. Nagaland* Relevant details not provided in prescribed format

24. Odisha - - 3 3 1 0 0

25. Puducherry 8 2 0 0 2 0 0

26. Punjab 36 0 0 0 0 0 0

27. Rajasthan 18 0 0 0 18 0 0

28. Sikkim - - - - - - - 29Ta. mil Nadu 3 0 3 0 0 0 0 30Te. langana 14$

- - - - - - 31Tr.ipura Relevant details not provided in prescribed format 32U.ttar Pradesh 64 - - - - - -

33U.ttarakhand^*

Relevant details not provided in prescribed format 34W.est Bengal Relevant details not provided in prescribed format * Compliance status not provided as per prescribed format. $ The Board issued closure orders to the 14 units for causing air and water pollution under Water

and Air Act and not exclusively for violation of Hazardous Waste Rules. # Notices issued to all 30 units and closure issued to 03 units ̂03 units were directed to apply for Authorization and 04 units were directed to apply for consent

 Direction in Para 14 "...We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle. CPCB and PCBs/PCCs may not permit any new industry having potential to generate hazardous waste till facilities for disposal of such waste are ensured..."

23

Action Taken/ Status:

CPCB has been continuously following up with the implementing agencies to ensure compliance. CPCB also issues directions and imposes compensation on 'Polluter Pays' principle for violations of provisions of HOWM Rules and environmental damages noticed as and when required. As per Rule 6 of the HOWM Rules, 2016, SPCB/PCC is the prescribed authority to grant authorization for generation, handling, storage, treatment, utilisation, disposal, etc. of hazardous and other waste, therefore, CPCB vide its letter dated 27/08/2020 directed all the 17 SPCBs/PCCs (which are not having facility/arrangement for disposal of Hazardous waste) not to grant permit to any new hazardous waste generating unit till the facility for disposal of such waste is ensured and revoke the permission granted to any new unit after 08/07/2020, if any.

 Direction in Para 14 "...CPCB may set up a system to cross verify the status of hazardous waste generating industries (at least 10% in each State) and also direct SPCBs/PCCs to impose environmental compensation against delinquent industries..."

Action Taken/ Status:

As directed, CPCB has developed Mechanism to cross verify the status of hazardous waste generating/handling industries in consultation with SPCBs/PCCs.

"The criterion for selection of units as laid down in the said monitoring mechanism is as below:

A) SPCBs/PCCs

Note: * Represents total number of units falling in the jurisdiction of Regional Directorates of CPCB to be verified in a year (including few units already verified by the SPCBs/PCCs).

The selection of the units for cross verification should be in such a manner that the units identified for the purpose covers sectors contributing to major hazardous or other waste generation or handling. Further, it may also include recyclers; utilisers; pre-processor; co-processors; collection facilities and disposal facilities covering large, medium and small-scale industries."

24

The said mechanism alongwith methodology/approach to be adopted and format for reporting was circulated to all SPCBs/PCCs vide letter dated 15/10/2020 to adopt the said mechanism with effect from next financial year i.e. April, 2021 onwards and submit half-yearly status report on verification of the industries in the prescribed format specified therein. It was also directed to impose environmental compensation (EC) on defaulting units found during the cross verification. The copy of the said "Mechanism to cross verify the status of hazardous waste generating/handling industries" is enclosed at Annexure-III.

 Direction in Para 15 "... all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020...."

Action Taken/ Status:

In accordance with the orders of the Hon'ble Tribunal, CPCB vide letter dated 20/07/2020 forwarded the orders dated (uploaded) 07/07/2020 of the Hon'ble Tribunal to all Chief Secretary and SPCBs/PCCs for taking necessary action and submit the compliance status to CPCB in the specified format within the prescribed timeline.

State-specific format has been prepared by CPCB for submission of compliance status on the recommendations made in the Interim and Final report of the Monitoring Committee (excluding recommendations pertaining to contaminated site).

Reminder letter dated 28/10/2020 was also issued to 25 SPCBs/PCCs namely A&N Inland, Arunachal Pradesh, Assam, Bihar, Chandigarh, Delhi, DDD&NH, Goa, Haryana, Jammu & Kashmir, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Punjab, Puducherry, Rajasthan, Tamil Nadu, Telangana, Uttar, Pradesh, Uttarakhand and West Bengal (who have not submitted compliance status report to CPCB).

CPCB vide its letter dated 15/07/2020 also communicated the orders of the Hon'ble Tribunal to the Ministry of Environment, Forest and Climate Change (MoEF&CC) followed by reminder on 25/11/2020 to ensure compliance in the matter. Also, vide letter dated 06/08/2020 and reminder letter dated 09/11/2020 various implementing Ministries/agencies i.e. Ministry of Shipping, Ministry of Commerce (CBIC), Ministry of Labour and Directorate General of Foreign Trade (DGFT) were requested to comply with directions of the Hon'ble Tribunal and submit compliance status.

In this regard, the status on the responses received from State/UT government; SPCB/PCC; MoEF&CC, Ministry of Shipping, CBIC, Ministry of Labour and DGFT is tabulated as below:

25

* The information provided by Bihar, Nagaland, and Uttarakhand SPCBs is not as

per the prescribed format/does not includes the status on all the action points.

1.

DGFT ✓

2.

CBIC ✓

3.

MoEF&CC x

4.

Ministry of Labour and Employment ✓

5.

Ministry of Shipping ✓

(a)DG(S) x

(b) Port Authorities In this regard, Government of Punjab, West Bengal and SPCBs/PPCs of 15 States/UTs namely Andaman & Nicobar Islands, Chandigarh, Haryana, Jammu & Kashmir, Karnataka, Lakshadweep, Maharashtra, Meghalaya,

26

Odisha, Puducherry, Punjab, Telangana, Tripura, Uttar Pradesh and Uttarakhand have informed that the State level Monitoring/Advisory Committee has been constituted to oversee the implementation of the Hazardous & Other waste (Management and Transboundary Movement) Rules, 2016 alongwith recommendation of the Monitoring Committee. Further, Gujarat PCB has informed that Chief Secretary is regularly taking meeting in the matter of O.A No. 606/2018 wherein O.A no. 804/2017 is also a part and Madhya Pradesh PCB has also informed that the proposal has been submitted for constitution of committee. The detail status on the compliance to the recommendations made in the Status report of CPCB (as submitted in June 2020) and in accordance with the orders (uploaded) dated 07/07/2020 of the Hon'ble Tribunal is deliberated in Section 3 and Section 4 respectively of this report.

3. STATUS ON COMPLIANCE OF OBSERVATIONS AND

RECOMMENDATIONS IN THE CPCB REPORT VIS-À-VIS ORDERS

DATED 07/07/2020 OF THE HON'BLE TRIBUNAL (EXCEPT

PERTAINING TO CONTAMINATED SITES)

CPCB in its Status report submitted in June, 2020 (in compliance to the directions dated 26/ 08/ 2019 of the Hon'ble Tribunal) made various recommendations based on the compliance report submitted by various Ministries/ State Govt/ SPCBs/PCCs on the action points given in the Interim and Final Report of the Monitoring Committee vis-à-vis orders of the Hon'ble Tribunal in the said matter.

The Hon'ble Tribunal vide orders (uploaded) dated 07/07/2020 accepted the recommendations made in CPCB report (June 2020) and directed to comply with the observations and recommendations made therein. The status on compliance of the recommendations vis- a- vis orders dated 07/07/2020 of the Hon'ble Tribunal on the action points mentioned in the Interim and Final Report is deliberated in subsections 3.1 and 3.2 as below:

3.1 Compliance Status, Observations and Recommendations on the action points covered in the Interim Report of the Monitoring Committee vis- a- vis orders dated 12/04/2019 of the Hon'ble Tribunal

So far 34 State/UT Government/SPCBs/PCCs namely Andaman & Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Chandigarh, Delhi, Gujarat, Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Lakshadweep, Maharashtra, Madhya Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Punjab, Rajasthan, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand and West Bengal have submitted status on the compliance to the recommendation and directions of the Hon'ble Tribunal for the period i.e. April-September, 2020. However, the information provided by Bihar, Nagaland and Uttarakhand SPCBs is not as per the prescribed format. Status on the submission of compliance report is as given below:

27

* The information provided by Bihar, Nagaland and Uttarakhand

SPCBs is not as per the prescribed format/does not includes the

status on all the action points."

11. The status of compliance by different States/UTs has been compiled in the report which is appended to this order as Appendix-I. The status of compliance by the CPCB in response to the recommendations of the Monitoring Committee dated 23.07.2019. The report mentions the response to 28 observations in the Monitoring Committee report contained in Appendix-A to the order dated

28

07.07.2020, which part of the report is appended to this order as

Appendix-II.

12. The action taken report on contaminated sites has also been appended to the CPCB report with the observations and recommendations which are reproduced below:-

"4.0 Action Taken Report on contaminated sites in compliance of the Hon'ble National Green Tribunal, Principal Bench, New Delhi order dated 01.07.2020 in the matter of O. A. No. 804/2017: Rajiv Narayan & Anr. Vs Union of India & Ors.

4.1 Background

The Hon'ble National Green Tribunal, Principal Bench, New Delhi, in the matter of O. A. No. 804/2017: Rajiv Narayan & Anr. Vs Union of India & Ors has passed the following directions regarding contaminated sites vide its orders dated 01.07.2020, reproduced the same as below:

"....14. We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on 'Polluter Pays' principle.... Apart from this, following specific directions may be complied with:

(ii) Regarding remediation of contaminated sites, immediately 5 sites should be taken for remediation and executed within a period of six months. Environmental damages caused by such sites and loss in terms of monetary resources may also be estimated.

15. We direct all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020"

A copy of the Hon'ble NGT order dated 01.07.2020 (uploaded on 07.07.2020) is annexed at Annexure-I.

4.2 Status on Assessment and Remediation of Contaminated Sites

(i) Aforesaid directions of Hon'ble NGT, were communicated vide letter dated 22.07.2020, to 21 SPCBs/PCC where the sites were identified, for taking necessary actions and to submit a report on assessment and remediation of contaminated in respective sites.

29

(ii) A meeting was held with 21 SPCBs/PCC through VC on 02.09.2020 to review the compliance status. The said meeting was attended by Senior officials of SPCBs/PCC including few Member Secretaries. A copy of the minutes of meeting is annexed at Annexure-IV.

(iii) 18 out of 21 States/UT (except Odisha, West Bengal and Delhi) have submitted compliance status reports along with details of sites inspected, testing of samples, etc. including details of assessment works carried out by them.

(iv) 3 out of 21 States/UT namely Odisha, West Bengal and Delhi have requested more time for completion of site inspections, assessment and to submit compliance reports, due to on-going pandemic situation. State-wise number of sites as per the status reports submitted by SPCBs is given at Table-1. Table-1: Details of action taken reports submitted by SPCBs/PCC

*Note: Due to Covid-19 pandemic situation, requested for more time to submit compliance report

(v) States have also indicated that some of the probable sites in the list provided by CPCB are not showing any signs of contamination, hence proposed for de-listing of such sites.

(vi) As per compliance reports submitted by SPCBs/PCC with supporting documents, such as details of site visits, sampling

30

activity carried out etc., the list of sites has been revised as below:

a ) Total number of sites identified- 280

b ) Confirmed contaminated sites- 112

c ) Sites which are probable or not investigated yet - 168

(vii) As per status reports, States are in the process of assessing the remaining 168 out of 280 sites, therefore the actual scenario of contaminated sites will remain unknown till completion of the task.

(viii) As per the status reports submitted by SPCBs/PCC, site assessment, DPR preparation and remediation works are in different stages of completion. Accordingly, the status of sites has been compiled based on following criteria:

a) Probable sites need to be investigated by site inspection and preliminary sampling,

b) Confirmed sites where hazardous waste is till lying,

c) Confirmed sites for which DPRs have been prepared by CPCB/MoEF&CC,

d) Sites where remediation works are initiated or ongoing. A clear picture on contaminated sites will be known only when SPCBs/PCC gets the sites investigated by responsible parties or investigate the sites by themselves. Revised list of probable and confirmed contaminated sites have been compiled and state-wise revised distribution is given at Table-

2.

Table-2: Revised State wise distribution of contaminated sites

Status submitted Updated status as December, before Hon'ble NGT 2020

S. in June, 2020 De-listed Probable No. States/UTs Total Sites sites Total Sites Contaminated (PCS +CS) Sites¹

Sites (CS)

(PCS)

1 Andhra Pradesh 3 (3+0) 41 4 0

2 Assam 4 (2+2) 4 2 2

3 Chhattisgarh 5 (3+2) 5 3 2

4 Delhi (NCR) 26 (14+12) 3 23 12 11

5 Goa 2 (1+1) 2 1 1

6 Gujarat 23 (15+8) 23 15 8

7 Haryana 17 (13+4) 3 14 10 4

8 Himachal Pradesh 6 (5+1) 2 4 3 1

9 Jharkhand 14 (12+2) 14 12 2

10 Karnataka 25 (19+6) 25 19 6

11 Kerala 10 (6+4) 1 9 5 4

12 Madhya Pradesh 20 (14+6) 20 14 6

13 Maharashtra 6 (3+3) 6 3 3

14 Odisha 32 (9+23) 32 9 23

15 Punjab 9 (3+6) 9 3 6

16 Rajasthan 11 (9+2) 1 10 8 2

31

Revised list of sites giving details of assessment and actions

initiated by SPCBs/PCC is given at Annexure-V.

(ix) State wise details of Action taken/initiated by SPCBs/PCC in compliance to directions of Hon'ble NGT are compiled and given at Annexure-VI.

(x) Some progress has been observed in 112 confirmed sites in terms of preparation of DPRs, initiation and execution of remediation works. The details of the same are as below:

a. Remediation works have been initiated in 8 sites, in States namely; Gujarat (2), Jharkhand (1), Maharashtra (1), Tamil Nadu (2) and Uttar Pradesh (2). These remediation works have been taken up primarily by the responsible party/industry as per the directions or monitoring of SPCBs. Details of these sites are given at Table-3.

b. CPCB/MEF&CC have carried out a project for detailed site assessment and preparation of Detailed Project Reports (DPRs) have been prepared for 20 sites with funding under NCEF/CBIPM Projects. The initiative was to carry out pilot studies to guide future assessment and preparation of DPRs for remediation works. It is expected that these DPRs would form basis for to execute remediation works by Responsible Parties if identified or the State Government in case of orphan sites. Details of the sites for which DPRs have been prepared is given at Annexure-VII.

In this context, orphan sites are those sites where polluter is not identified or the polluter is not in a position to bear remediation cost.

c. In remaining identified contaminated sites, the SPCBs/PCC are required to direct the responsible party to carry out detailed investigation and remediate the sites scientifically as per the guidance document provided by CPCB/MoEF&CC. Funds for remediation may be borne by the responsible party. In case of orphan sites, SPCBs may approach State Government for assessment and remediation in larger public interest of protecting health of people living in impact zone.

(xi) Maharashtra and Andhra Pradesh States have informed that environmental

site assessment is in progress at 7 sites. These sites include Uranium Corporation of India, Kadapa, Andhra Pradesh and LG Polymers site in Vishakhapatnam, Andhra Pradesh. 5 Sites in Maharashtra are Mithi River, Industrial areas of

32

Deonar, Tarapur and Nashik. Details of sites is given at Annexure-VIII.

(xii) With regard to directions of Hon'ble NGT that 5 sites should be remediated within a period of 6 months, remediation works have been initiated in 3 sites in Odisha and 2 sites in UP where tendering process is underway. In addition, one more site in Kerala has also been initiated tendering process. Details of these sites are given at Annexure-IX.

(xiii) It is observed that remediation works are under progress in 8 sites in 5 states. SPCBs/PCC are required to monitor these sites to check whether remediation works are carried as per DPRs and meet site specific target levels for cleanup. Details of these sites along with observations is given at Table-3.

Table-3: List of 8 sites for which remediation works initiated by Responsible Parties:

S. Action taken/Initiated by Observations No. Name of the Site SPCB

Gujarat (02)

1. Effluent Channel i) In groundwater samples GPCB may monitor Project Limited (ECPL), ii) Color, Phenolic compound, target levels Baroda Effluent Sulphate, Chloride & TDS are periodically. Canal, Vadodara reported higher than Responsible party may be District acceptable limit of BIS. directed to submit Remediation work is undertaken monthly or quarterly by Dye- manufacturing and progress reports. Pharmaceutical industries

(Responsible Parties).

2. Swastik Organic, i) Hazardous waste lying at the Subsequent to lifting, Sabar Dairy Road, site was already lifted and soil contamination may still Piplodi, Gujrat shifted to TSDF. remain at the site. GPCB

ii) In the downstream at village may carry out GW, SW and Boriya Khurad, about 7 to 8 sediment sampling. bore wells reported as Responsible party may be contaminated with reddish directed to submit brown coloured water. monthly or quarterly

iii) In this regard, it progress reports. reported that crops like wheat, Status report may be cotton & castor are irrigated with updated GSPCB at this colored water. website and submit to

iv) GW samples collected and CPCB. reported about 200 Pt Co yellowish color.

The responsible party has awarded the remediation work to

GITCO.

Jharkhand (01)

33

3. Roro hills, Jharkhand Detailed investigation report on Jharkhand PCB may - 833201 "Rehabilitation of Roro monitor progress or abandoned asbestos mines" along remediation works, and with remediation status as per status report may be direction of Hon'ble NGT is updated from time to

submitted. time at website and

It was informed that, remedial action submit to CPCB. has been taken by Dept. of Mining,

Jharkhand.

Maharashtra (01)

4. M/s Godavari Bio- Contaminated groundwater is MPCB should monitor Refineries, Ahmed being remediated by applying progress status report Nagar District, Bioremediation technique since may be updated at Maharashtra September, 2017 and the same is website and submit to underway. CPCB from time to time.

Tamil Nadu (02)

5. M/s HUL, Trail remediation has been done TNPCB may monitor Kodaikanal, Tamil by M/s HUL. TNPCB had approved remediation works being Nadu Consent to Establish for execution of undertaken by Responsible soil remediation activity. party.

Status report may be

All requisite machineries have updated at SPCB's already been installed for soil website and also submit to remediation. CPCB.

6. Tondairpet, Chennai, Remediation work is undertaken by Tamil Nadu M/s BPCL since 2016.

Uttar Pradesh (02)

7. Industrial Area Meerut Cr(VI) in groundwater is UPPCB may monitor Road, Ghaziabad, remediated by applying: remediation work Uttar Pradesh (i) Pump & Treat (P&T) technique, undertaken by

(i) Bioremediation technique, Responsible Party and upload status report at its

Remediation work is underway since website and also 2012. submit to CPCB from time to

time.

8. Lohia Nagar C Block, Ghaziabad

4.3 Observations and Recommendations

1. In compliance to directions of Hon'ble NGT, SPCBs/PCC have reported that 14 sites in 7 States as non-contaminated and 168 sites are yet to be investigated. As per reports, site investigation were carried out with limited sampling in most cases 1 or 2 samples. Conclusion may not be drawn even if concentrations levels are within screening criteria as there may be scope of missing pocket of contaminated matrices in adjoining of areas. Therefore prior to declaring the site as non-contaminated, SPCBs/PCC may conduct systematic investigation as per Reference Document issued by CPCB.

34

Findings of the report may be placed at SPCB/PCC website and also submit to CPCB from time to time.

2. As per directions of Hon'ble NGT dated 01.07.2020, 5 sites should be taken for remediation and executed within a period of six months. In compliance, 3 contaminated sites in Odisha have been initiated remediation works and for other 2 sites in UP tendering process is underway. In addition, 1 site in Kerala has also been initiated tendering process. In this regard, it is submitted that remediation projects are relatively new in the country where there is no standardization in tendering process and limited experience in execution, hence execution of remediation works may take more time than normal civil works. However, SPCBs/PCC should direct the concerned responsible agencies to expedite the process and realistic timeline should be monitored strictly.

3. 3 out of 21 States/UT namely Odisha, West Bengal and Delhi have requested more time for completion of preliminary site investigation of the sites and to submit compliance reports, due to on-going pandemic situation.

4. As per status report, hazardous waste is still lying at 8 sites in 5 States for which DPRs have already been prepared or under completion (for kind reference at Annexure-V). Action for shifting of hazardous waste initiated in 3 sites in Odisha. In this regard, it is submitted that open dumping of hazardous waste will result in continuous and active release of contaminants to soil and groundwater and thereby the contaminated plume may increase gradually, this may also impact cost of remediation adversely. Therefore, it is essential to lift hazardous waste immediately to contain further damage to environment. SPCBs/PCCs may therefore direct all responsible parties to immediately lift the waste and dump at common hazardous waste treatment, storage and disposal facilities (TSDFs). In case of orphan sites, this work may be carried out by respective State Governments to protect public health.

5. CPCB may continue to maintain a centralized list of contaminated sites for which SPCBs may update the list periodically supplementing with site specific data. The data may be uploaded on websites and SPCBs and CPCB.

6. As per the status reports, Empowered Monitoring Committees (EMC) has been constituted by Odisha State, rest of the States have not constituted EMC for monitoring of Remediation Plan.

7. SPCBs/PCC may recognize remediation of contaminated sites as a regular activity. Dedicated teams and infrastructure may be developed by SPCBs/PCC to identify the sites, monitor and regulate the remediation as per MoEF&CC and CPCB guidance documents.

35

8. In case of orphan sites, SPCBs may approach State Government to prepare DPRs and execute remediation works. In cases where polluter or the responsible party is identified, SPCBs may direct the party to bear the cost and execute remediation works with prior authorization from SPCBs/PCC. In case the responsible party fail to remediate, the cost of remediation may be recovered as per polluter pays principle.

9. SPCBs/PCC should direct the responsible parties to immediately lift the hazardous waste still lying at dumpsites. 10.SPCBs/PCC may take follow-up actions as per the State specific observation of CPCB given at Annexure VI."

13. The report also mentions the mechanism to cross verify the status of hazardous waste generating/handling industries. Finally, the report gives the State-wise compliance status of the action taken by the State PCBs/PCCs with the observations and suggestions of the CPCB.

14. We have considered the report of the CPCB and appreciate the efforts in compiling all the relevant information on this important subject and direct that observations/suggestions of the CPCB with reference to the compliance by the State PCBs/PCCs may now be duly complied expeditiously, which may be further overseen by the CPCB. The CPCB may assess compensation if the State PCBs/PCCs neglect compliance, following due process, which may be recovered and utilized for restoration of the environment, by preparing an action plan to be approved by the Chairman, CPCB. Even though the report of the CPCB is exhaustive for all the States, we take on record the report furnished by the Oversight Committee for State of UP filed on 10.09.2020. As directed earlier, the MoEF&CC may follow up compliance of steps to be taken by the Central Ministries, for which purpose the CPCB may coordinate with the MoEF&CC. CPCB may impose compensation, if necessary, on the States/UTs which fail to set up TSDF or make other alternative arrangement for management of hazardous waste as per Rules. CPCB

36

may also notify the contaminated sites, having potential for damage to the environment, in public domain, alongwith damage caused and the studies undertaken. CPCB may also ensure that hazardous waste generators/recycles/operators of TSDF follow safety protocols, undertake periodical audits, have onsite and offsite emergency plans to avert accidents and fire and other environmental damage.

15. In view of the exhaustive report and having issued directions for compliance and further monitoring, we do not find it necessary to keep the matter pending with the Tribunal. The proceedings before the Tribunal are accordingly closed, with further monitoring being done at the level of the CPCB and the MoEF&CC, as already directed. We also permit the applicant to give any further suggestion to the CPCB within one week.

A copy of this order be forwarded to the CPCB, the MoEF&CC, all State PCBs/PCCs by e-mail for compliance.

Adarsh Kumar Goel, CP

S.K. Singh, JM

Dr. Nagin Nanda, EM

January 29, 2021

Original Application No. 804/2017

(Earlier O.A.No.36/2012)

SN

37

APPENDIX-I

The status on the compliance visa- a- vis recommendations are as given below:

1

the timeline (i.e. upto Assam vide its letter dated any.

31/03/3020) stipulated by 30/09/2020 requested CPCB

the Hon'ble Tribunal vide its to move application before

order dated 26/08/2019, Hon'ble NGT to condone the

the Hon'ble Tribunal may compensation. In response

direct accordingly for CPCB vide its letter dated

imposition of environmental 23/11/2020 requested the

compensation in accordance Environment and Forest

with the said order. Department to directly

approach Hon'ble NGT for any

relief in this regard.

3. SPCBs/PCCs shall ensure Complied Lakshadweep PCC has not i. 10 SPCBs/PCC namely timely submission of annual Bihar, Haryana, Puducherry, granted authorization to any Andaman & Nicobar returns by all occupiers and Sikkim unit Islands, Andhra

in case of non-compliances Pradesh, Chhattisgarh,

Partially Complied- Arunachal Assam PCB has not reported (i.e. for non- Delhi, Goa, Jharkhand, Pradesh, Chandigarh, Gujarat, the number of units who have

submission/after lapse of Karnataka, Meghalaya,

Himachal Pradesh, Jammu & submitted annual returns.

timeline) action may be Nagaland and Tamil

Kashmir, Kerala, Madhya Pradesh,

taken in accordance with the Nadu be directed toMaharashtra, Manipur, Mizoram, provisions laid down under Odisha, Punjab, Rajasthan, ensure timely the HOWM Rules, 2016. Telangana, Tripura, Uttar Pradesh submission of annual Uttarakhand and West Bengal returns by all occupiers

and in case of non-

Not Complied - Andaman & compliances (i.e. for Nicobar Islands, Andhra Pradesh, non-submission/after Chhattisgarh, Delhi, Goa, lapse of timeline) action Jharkhand, Karnataka, may be taken in

2

3

4

5

Nicobar Islands, Bihar, reconciliation of closing of

Chhattisgarh, Delhi, Goa, manifest within the state,

Karnataka, Lakshadweep, however, w.r.t inter-state

Manipur, Mizoram and Nagaland informed that the same shall

be complied through NHWIS

Information not provided-

portal. Uttarakhand Manipur PCB has informed that the quantity of hazardous wastes generated (i. e. used oil) are mostly reused. Therefore, reconciliation of manifest does not arise. Puducherry PCC has informed that all the units are disposing HW through neighbouring state. Hence closing of manifest is found difficult as the grey copies were not received.

6. SPCBs/PCCs of 25 Complied -Gujarat, Haryana, Haryana and Kerala PCBs have SPCBs/PCCs shall States/UTs shall initiate Himachal Pradesh, Kerala, initiated the process to get expedite/initiate action on action on development of Madhya Pradesh, Mizoram, Tamil study conducted from NPC. development of sectoral sectoral process based Nadu and West Bengal process based reasonable HW

Assam has initiated action for

reasonable HW generation generation range/

benchmarking of HW for

range/ environmental Not Complied (but timeline environmental recycling/utilization in case of benchmarking/guidelines provided) - Arunachal Pradesh petroleum refineries and oil benchmarking/guidelines for

6

7

Telangana, Tripura web link of the Board despite

Not Complied - Andaman & of providing specific link. Nicobar Islands, Arunachal West Bengal PCB has informed Pradesh, Bihar, Chandigarh, that developing/ uploading Himachal Pradesh, Karnataka, work of their new website Kerala, Lakshadweep, Madhya under progress. Pradesh, Mizoram, Meghalaya,

Manipur, Nagaland, Rajasthan,

Punjab, Uttar Pradesh and West

Bengal

Not applicable (not observed any non-compliances)- Sikkim

Information not Provided - Uttarakhand

8. SPCBs/PCCs (of States/UT Complied - Andhra Pradesh, Goa, Rajasthan PCB has verified i.

Rajasthan PCB shall having spent solvent Gujarat, Karnataka, Maharashtra, only 01 unit, out of 03 units, ensure compliance of recovery units) shall ensure Madhya Pradesh, Odisha, manifest system is being all points of the CPCB implementation of the CPCB Puducherry, Punjab, Tamil Nadu, followed up by only 01 unit; no direction dated directions dated Telangana and West Bengal action has been taken against 30.01.2019. 30/01/2019 and submit the erring units and also no ii. Uttar Pradesh PCB

compliance report annually Partially Complied - Rajasthan interaction programs has been shall ensure display of to CPCB. and Uttar Pradesh conducted with stakeholders. inventory on spent

solvent recovery units

Not Applicable (no spent solvent Uttar Pradesh PCB has not on their website as recovery unit)- Andaman & Nicobar provided web link w.r.t per CPCB's directions. Islands, Arunachal Pradesh, publishing of spent solvent

8

9

The state-wise status on compliance of the recommendations are given as below:

10

11

12

13

balance submitted by the industry

14

15

NO.

documents/other provision of the HOWM Rules, 2016.

vi. Board shall immediately update vi. Not-Complied

inventory of Spent Solvent Recovery No information provided by Andhra Units available in their States on Pradesh PCB in this regard. Board's website and provide the

link of same.

3. Arunachal i. Board shall take necessary action ii. Complied. ^i.

Board shall initiate action for

Pradesh for compliance to the HOWM w.r.t. stipulation of mode of inclusion of Other waste in the Rules, 2016 and recommendations management of HW in regulatory actions, including of the Monitoring Committee. authorization document, inventory.

prosecution of habitual and serious ii.

Shall carry out identification

iii. Board shall be directed to defaulters under provisions of the and quantification of submit Environment (Protection) Act, 1986, Hazardous and Other Waste. the 2nd,^3rdand^4th

quarter documentation of non-compliances iii.

Shall develop elaborated compliance report. protocols for pre-processing

iii. Partially Complied

and recycling/utilization

ii. Board shall be directed to submit w.r.t. facilities for enhanced level

the status on setting up of TSDF or verification of closing of the sharing arrangement with manifests; verification of annual and frequency of enforcement

and environmental

authorized common TSDFs of returns.

monitoring.

neighboring states.

iv. Not-Complied ^iv.

Shall develop Uniform format w.r.t. development of elaborated for visits and inspections of protocols for pre-processing and HW handling facilities is recycling/utilization facilities necessary to ensure (timeline- December, 2021) ; comprehensive inspections identification and quantification

16

17

18

4. Assam i. Immediately adopt i. Not Complied. i. Board shall immediately adopt identification and quantification of the identification and HW based on scientific principal; quantification of HW based on inclusion of mode of management scientific principal; inclusion of each hazardous waste generated of mode of management of in the authorization document. each hazardous waste

generated in the authorization

ii. Develop elaborate protocol ii. Complied document. environmental monitoring of Frequency of inspection:

recyclers/utilizers within one All HW generating units- once a ii. Board shall ensure availability month. year; Category 17 and red of laboratory facilities for

19

NO.

category units and captive TSDFs- analysis of all the parameters once in 06 months; Pre-processing, as specified in HOWM Rules. recycling & utilization units- once

in 03 months. iii. Develop enforcement

framework document for

effective enforcement of Rules.

iii. Take initiative for development of

iii. Partially Complied

centralized laboratory for north- Laboratory facility available with iv. Expedite conducting of east region and commissioning of Assam PCB has been provided. environmental audit of captive same within 06 months. TSDFs available in the State

and submit the audit report to

iv. Develop enforcement framework iv. Partially Complied CPCB. document for effective enforcement Draft framework prepared consisting of monitoring/tracking

of Rules within one month. v. Immediately set up TSDF in of non-compliances and frequency

of inspection, inventorization of their State as the timeline (i.e industries and identification and 31/03/2020) stipulated by the categorization of violations and Hon'ble Tribunal for action to be initiated thereof. compliance has already lapsed.

v. Board shall immediately update v. Complied

website with respect to all enforcement actions along with details of industries and action taken.

vi. Expedite conducting of vi. Not Complied

environmental audit of captive

20

NO.

TSDFs available in the State and Guidelines being sought from submit the audit report to CPCB. CPCB.

vii. Immediately set up TSDF in their State as the timeline for compliance vii. Not Complied

has already been lapsed. Process of selection of Developers for establishment of TSDF is under

process.

5. Bihar i. Board shall invoke the Information not submitted as per the i. Board shall immediately powers format circulated by CPCB vide letter submit the compliance status conferred under clause 23 (1) and dated 20/07/2020, however, report for the period April-

(2) of the Rules, related to all quarterly report for July-September, September, 2020 to CPCB as damages caused to the 2020 has been submitted. per prescribed format. environment or third party due to i. Not complied

improper handling and ii. Board shall invoke the powers management of the hazardous and conferred under clause 23 (1) other wastes, and non-compliance and (2) of the Rules, related to respectively. all damages caused to the

vi. Not complied environment or third party

ii. Board shallexpedite (timeline provided 31/03/2021) due to improper handling and the management of the hazardous

development of elaborate protocols and other wastes, and non- to ensure enhanced level and compliance respectively.

frequency of enforcement and

environmental monitoring of iii. Board shall expedite the

recycling/ utilisation facilities. vii. Not development of elaborate

complied protocols to ensure enhanced iii.Non-compliance to be documented

21

22

6. Chandigarh i. Chandigarh PCC to bring other i. Partially Complied Chandigarh PCC shall expedite the waste in regulatory domain and Process has been initiated (March, process:

also report the same in its 2021).

inventory report. i. To bring other waste in regulatory

domain and also report the same

ii. Chandigarh PCC shall expedite the ii. Partially Complied in its inventory report. development of elaborate protocols Process has been initiated to ensure enhanced level and

23

generated from e-waste rules like hazardous waste generated

24

NO

. fluorescent lamp other mercury However, the same needs to be from e-waste rules like containing lamp) and also, incorporated in the inventory. fluorescent lamp other preparation of HW inventory and mercury containing lamp) in other interventions. the hazardous waste

inventory.

iv. Board shall develop iii. Chhattisgarh shall expedite where all HW parameters as iv. Not Complied the setting up of laboratory required under the HOWM Rules Land procured for setting of central facility. can be analysed. laboratory and will be developed iv. Immediately set up TSDF in by 31/12/2021. their State as the timeline (i.e

v. Immediately set up TSDF in their 31/03/2020) stipulated by the State as the timeline for compliance v. Not Complied Hon'ble Tribunal for has already been lapsed. Land has been identified and compliance has already notified. Willing letter submitted by lapsed.

M/s Ramky Enviro Engg. Ltd.,

Hyderabad. The formation of SPV

as per RFP is under process.

8. Delhi i. DPCC shall expedite setting up the i. Partially Complied i. DPCC shall expedite setting up TSDF in the UT and shall strictly Environmental Clearance has been the TSDF in the UT and shall comply with the timeline provided granted by MoEF&CC. strictly comply with the timeline for setting up of common TSDF in ii. (i.e 31/12/2020) stipulated by

the UT. ii. Partially Complied the Hon'ble Tribunal for setting

DPCC does not have a NABL up of common TSDF in the UT.

ii. DPCC shall immediately upgrade accredited laboratory and limited iii. Delhi PCC shall expedite the the laboratory facility where all parameter (such as Zn, Pb, Co, Cr, upgradation of laboratory HW parameters as required under Ni, Fe) can be analyzed. However, facility to ensure analysis of all the Rules can be analysed. instruments like Bomb Colorimeter, parameters specified in HOWM XRF spectrophotometer, Zero head Rules, 2016.

25

26

27

NO.

vii. Expedite conducting of environmental audit of common/captive TSDFs available in the State and submit the audit report to

CPCB.

10. Goa i. Board shall expedite the setting up i. Partially Complied ^i.

Board shall expedite setting of common TSDF and strictly Under construction and detailed on up the TSDF in the UT and comply with the timeline provided the work carried out has been shall strictly comply with the for setting up of common TSDF in provided. timeline (i.e 31/12/2020) the State. stipulated by the Hon'ble

Tribunal for setting up of

iv. Board shall ensure ii. Not-complied common TSDF in the State. that non- No information provided in this ^ii.

Board shall ensure that non- compliance to be documented while regard. compliance to be documented processing authorisation for while processing authorisation renewal or inspections in order to for renewal or inspections in invoke powers of refusal or order to invoke powers of revocation of authorisation as per refusal or revocation of Rules. authorisation as per Rules.

iii. Complied. ^iii.

Board shall verify and validate

ii. Board shall immediately update the inventory data before website with respect to all accepting the same and adopt enforcement actions along with the CPCB's guidelines while details of industries and action preparation of HW inventory taken. report.

iv. Partially Complied.

28

11. Gujarat i. Board shall submit the i. Partially i. Board shall submit the environmental audit of all Complied environmental audit report of common/captive TSDFs exist in the GPCB has an Environmental all common and captive TSDFs state to CPCB. Audit Scheme wherein all existing in the state to CPCB. TSDFs falls under Schedule-I of

29

NO.

the audit scheme and audit is ^ii.

Board shall direct operator of being carried out through TSDFs, (at Vadodara, approved Schedule-I Auditors. Bhavnagar and To ensure the design and Surendranagar) for opening of construction quality as per escrow account (as per TSDF protocol, third party and MoEF&CC O. M. dated RO verification is carried out. 16/04/2009).

12. Haryana i. Board shall immediately invoke the i. Not ^i.

Board shall immediately powers conferred under clause 23 Complied invoke the powers conferred

(1) and (2) of the Rules, related to No information provided in this under clause 23 (1) and (2) of all damages caused to the regard. the Rules, related to all

environment or third party due to damages caused to the

improper handling and environment or third party

management of the hazardous and due to improper handling and

other wastes, and non-compliance management of the hazardous

respectively. and other wastes, and non-

compliance respectively.

ii. Board shall immediately direct all^ii.

Board shall initiate action for the operator of common TSDFs that ii. Complied the identification and not to return the HW consignment quantification of the and the consignment needs to be hazardous waste generation at stored within the TSDF with the authorisation stage itself information to the waste generator and therefore shall adopt the and also the SPCB. scientific principles as

enumerated for such

iii.Board shall initiate action for the identification and identification and quantification of iii. Not-complied quantification of HW.

30

31

32

iv. Not-complied

33

34

S. STATE/UT

DIRECTIONS STATUS RECOMMENDATIONS

NO.

other wastes, and non-compliance^iii.

Board shall ensure that non- respectively. compliance to be documented while processing authorization

iv. Board shall ensure that iv. Information Not Provided. for renewal or inspections in non- order to invoke powers of

compliance to be documented while refusal or revocation of

processing authorization for authorization as per Rules.

renewal or inspections in order to

invoke powers of refusal or iv. Expedite conducting of

revocation of authorization as per environmental audit of

Rules.

v. Not Complied common and captive TSDFs available in the State and

v. Expedite conducting submit the audit report to environmental audit of CPCB. In this regard, CPCB common/captive TSDFs available has prepared guidance in the State and submit the audit document and same is under report to CPCB. finalization. Upon finalization,

vi. Complied the same will be circulated to effective enforcement of Rules The Board is following CPCB's all SPCBs/PCCs for based on the principle of enforcement framework for conducting audit in line with proportionality and also effective enforcement of guidance document prepared precautionary principle. Hazardous and Other Waste by CPCB. (Management and Transboundary

Movement) Rules, 2016.

v.

Board shall immediately

vii. Board shall immediately upgrade vii.Not Complied upgrade the laboratory facility the laboratory facility where all HW Samples are being sent to where all HW parameters as laboratories recognized by the

35

36

37

38

39

NO

. xiv.

Board shall ensure compliance to all the directions related to Spent Solvent recovery units issued vide dated 30/01/2019.

17. Kerala i. Board shall expedite the i. Complied ^i.

Initiate action for development development of elaborate protocols laboratory where all HW to ensure enhanced level and parameters as required under frequency of enforcement and the HOWM Rules can be environmental monitoring of analysed.

recycling/ utilisation facilities.

ii.

Expedite conducting of

iii. Initiate action for development ii. Partially Complied environmental audit of laboratory where all HW common and captive TSDFs The Board's Central Lab is parameters as required under the available in the State and accredited by NABL & being HOWM Rules can be analysed. submit the audit report to continuously upgraded for CPCB. In this regard, CPCB

analysis of all HW parameters. In

has prepared guidance

case of non- availability of the

document and same is under

infrastructure for analysis of some

finalization. Upon finalization,

HW parameters it is done through

the same will be circulated to

external laboratories.

all SPCBs/PCCs for

iv. Expedite conducting of conducting audit in line with iii. Not Complied

environmental audit of guidance document prepared Audit not conduced yet. common/captive TSDFs available by CPCB.

40

benchmarking the same with its

41

effective enforcement of Rules

42

43

44

S. STATE/UT

DIRECTIONS STATUS RECOMMENDATIONS

NO.

19. Manipur i. Manipur PCB shall bring other i. Partially Complied ^i.

Manipur PCB shall bring other waste in regulatory domain and waste in regulatory domain also report in its inventory report. and also report in its inventory report.

ii.

The Board shall immediately develop enforcement

ii. Develop enforcement framework for ii. Not Complied framework for effective effective enforcement of Rules Under development for workshops enforcement of Rules based on based on the principle of and garages. the principle of proportionality proportionality and also and also precautionary

precautionary principle. principle.

iii.

The Board shall scientifically

iii. The Board shall adopt uniform iii. Complied verify and validate the HW inspection format for visits and data and facilities before inspections of HW handling grant/ renewal of

facilities. authorization.

iv.

Initiate action for development

iv. The Board shall scientifically verify iv. Not complied of laboratory where all HW and validate the HW data and parameters as required under

facilities before grant/ renewal of the HOWM Rules can be

authorization. analyzed.

v. Board shall verify and validate the v. Partially Complied ^v.

Board shall verify and validate inventory data before accepting the 02 units verified (i.e. IOC LPG the inventory data before same and adopt the CPCB's bottling plant and IOC Oil Depot). accepting the same and adopt guidelines while preparation of HW the CPCB's guidelines while inventory report.

45

46

47

48

49

NO.

the CPCB's guidelines while

iv. Not Complied preparation of HW inventory (w.r.t. bringing other waste

report. into regulatory actions; invoke v. Board shall prosecute the powers conferred under habitual and serious clause 23 (1) and (2) of the defaulters under provisions of the Environment HOWM Rules, 2016; refusal

(Protection) Act, 1986. Other

and revocation of alternative regulatory

authorization of violators and actions including refusal and habitual defaulters; updation revocation of Authorisation of website w.r.t. enforcement can also be explored

actions; Development of following the due process.

enforcement framework for ^vi.

Board shall update websites with respect to all effective enforcement of Rules; enforcement actions along development of approaches with details of industries w.r.t. waste management and action taken. hierarchy, vii. Board shall develop an benchmarking/guideline for enforcement framework for HW recycling/utilization, effective enforcement of environmental benchmarking Rules based on principle of proportionality and also,

among similar industries; and precautionary principle. setting up of TSDF). Such framework will remove

v. Partially Complied ambiguity in regulatory (w.r.t. reconciliation of actions and bring manifest; timeline i.e. transparency, predictability 31.12.2020 provided for and consistency in development of sectoral enforcement for actions.

50

51

52

53

54

NO.

viii.

Board shall immediately upgrade the laboratory facility where all HW parameters as required under the Rules can be analyzed.

ix. Board shall be directed to submit the status on setting up of TSDF or sharing arrangement with authorized common TSDFs of neighboring states.

25. Odisha i. Board shall submit i. Partial compliance i. Board shall expedite the environmental audit of all Board issued letter to operator/ environmental audit of all common/captive TSDFs exist in the occupier of TSDF to engage Board's common and captive TSDFs state to CPCB. approved organization for exist in the state and submit conducting audit and submitting the audit report to CPCB. In

report by 15th October,2020. this regard, CPCB has

iii.Odisha PCB shall bring other waste prepared guidance document in regulatory domain and also ii. Partially Complied and same is under finalization. report in its inventory report. One unit has been authorized, Upon finalization, the same however not reported in HW will be circulated to all

iv. Board needs to take cognizance of inventory report. SPCBs/PCCs for conducting aspects while enforcing the relevant audit in line with guidance rules (w.r.t. domestic hazardous document prepared by CPCB. waste and hazardous waste iii. Partially Complied ii. Odisha PCB shall bring other generated from e-waste rules like waste in regulatory domain

55

56

57

28. Rajasthan i. Board shall immediately invoke the i. Partially Complied. i. Board shall immediately powers conferred under clause 23 Board has not invoked powers invoke the powers conferred

(1) and (2) of the Rules, related to conferred under 23(1) and (2), under clause 23 (1) and (2) of all damages caused to the however, authorized of 18 the Rules, related to all environment or third party due to defaulting units have been damages caused to the improper handling and refused/revoked. environment or third party

management of the hazardous and due to improper handling and

other wastes, and non-compliance management of the hazardous

respectively. and other wastes, and non-

compliance respectively.

ii. Rajasthan PCB shall ii. Not Complied

framework for effective enforcement of ii. Rajasthan PCB shall develop Rules based on proportionality and framework for effective precautionary principle. enforcement of Rules based on proportionality and

iii.Board shall initiate action for the precautionary principle. identification and quantification of iii. Partially Complied

58

NO.

the hazardous waste generation at Board has informed that ^iii.

Board shall ensure the authorisation stage itself and scientific principle based identification and therefore shall adopt the scientific identification and quantification of the principles as enumerated for such quantification is not being hazardous waste generation at identification and quantification of carried out. However, the authorisation stage itself HW. identification and and therefore shall adopt the

quantification on the basis of scientific principles as

records and forms filled is enumerated for such

being carried out by Regional identification and

Offices. quantification of HW.

iv. Expedite conducting of environmental audit of the all iv. Partially Complied iv. Expedite conducting of common/captive TSDFs available Work order has been placed for environmental audit of the all in the State and submit to CPCB environmental audit by M/s common and captive TSDFs Balotra Waste Management available in the State and

Ltd. submit to CPCB. In this

v. Board shall verify the mandatory regard, CPCB has prepared amount deposited by all TSDFs in v. Complied guidance document and same Escrow Account. is under finalization. Upon

finalization, the same will be

vi. Board shall expedite development circulated to all SPCBs/PCCs of laboratory where all HW vi. Partially Complied for conducting audit in line parameters can be analyzed. with guidance document

prepared by CPCB.

vii. Rajasthan PCB shall initiate action to bring other waste in regulatory vii. Partially Complied v. Board shall expedite domain and also report in its Board has informed that it has development of laboratory inventory report. issued office order dated

59

60

NO.

iii. Board shall take necessary action inventory report on hazardous to bring other waste in regulatory and other waste management. domain, as envisaged in the rules

iii. Not complied

and also report the same in the Not applicable as the import and iii. Board needs to take cognizance of inventory report on hazardous and export of waste falling under aspects while enforcing the other waste management. Schedule III Part B & D of the relevant rules (w.r.t. domestic Hazardous & Other Wastes hazardous waste and hazardous

(Management & Transboundary waste generated from e-waste

Movement) Rules, 2016 is not rules like fluorescent lamp other

reported. Also customs office and mercury containing lamp) and

ports are not set up in the state. also, preparation of HW inventory

However, the other waste and other interventions.

(indigenously generated) shall also

be required to be included in the iv. Board shall immediately upgrade

iv. Board needs to take cognizance of inventory report. the laboratory facility where all aspects while enforcing the relevant HW parameters as required under rules (w.r.t. domestic hazardous

iv. Partial Compliance the Rules can be analyzed. waste and hazardous waste SPCB-Sikkim has conducted generated from e-waste rules like sensitization & capacity building fluorescent lamp other mercury programme for concerned containing lamp) and also, departments, ULBs, BACs & GPUs. preparation of HW inventory and The UDD has also been apprised other interventions. with regard to collection and channelization of Domestic HW

during various departmental

meetings of SLC and SLAB

v. Board shall immediately upgrade meetings. the laboratory facility where all HW

61

NO.

parameters as required under the v. Not Complied

Rules can be analyzed. Laboratory for hazardous waste is yet to be set up. HW is currently

analyzed in NABL accredited

laboratory of West Bengal Waste

vi. Board shall be directed to submit Management Ltd. the status on setting up of TSDF or

sharing arrangement with vi. Complied

authorized common TSDFs of The HW generated in the state of neighboring states. Sikkim is transported to M/s West Bengal Waste Management Ltd.,

Haldia, West Bengal for disposal.

The Sikkim SPCB has also

initiated co-processing of

Hazardous Waste in cement plants

located in Assam and Meghalaya.

30. Tamil Nadu i. Board shall initiate action for the i. Complied i. Board shall ensure identification and quantification of TN PCB has been granted documentation of non- the hazardous waste generation at authorization under HOWM Rules, compliance while processing the authorisation stage itself and 2016 after checking authorisation for renewal or therefore shall adopt the scientific material inspections in order to invoke principles as enumerated for such balance and quantification of the powers of refusal or revocation identification and quantification of hazardous waste generation from of authorisation as per Rules. HW. process activity, etc. ii. Board shall immediately

prepare enforcement

ii. Board shall ensure documentation framework for effective of non-compliance while processing ii. Not complied enforcement of Rules based on authorisation for renewal or No information provided in this principle of proportionality regard.

62

NO.

inspections in order to invoke and also, precautionary powers of refusal or revocation of principle. authorisation as per Rules.

iii. Expedite conducting of

iii. Board shall immediately prepare

iii. Not Complied environmental audit of enforcement framework for effective TN PCB has developed "monitoring common and captive TSDFs enforcement of Rules based on protocol" for industries and available in the State and principle of proportionality and "monitoring teams" have been submit the audit report to also, precautionary principle. formed for regular/ surprise CPCB. In this regard, CPCB inspections at zonal level. has prepared guidance

Hazardous waste incidents document and same is under

response team has also been finalization. Upon finalization, formed for undertaking the same will be circulated to

investigations of illegal disposal of all SPCBs/PCCs for

HW, assessment of environmental conducting audit in line with damages and implementation of guidance document prepared

remedial work, etc. by CPCB.

iv. Board shall ensure adoption of Uniform format for visits and inspections of HW handling iv. Complied

facilities.

v. Expedite conducting of environmental audit of common/captive TSDFs available v. Not complied

63

NO.

in the State and submit the audit TNPCB is taking action in this report to CPCB. regard, however, no such audit report has been submitted

vi. Board shall provide specific link of inventory of spent solvent recovery units published on its website. vi. Complied

31. Telangana i. Board shall immediately invoke the i. Complie i. Expedite conducting of powers conferred under clause 23 d environmental audit of

(1) and (2) of the Rules, related to Compensation and closure common and captive TSDFs all damages caused to the directions have been issued to available in the State and environment or third party due to defaulting units. submit the audit report to improper handling and CPCB. In this regard, CPCB

management of the hazardous and has prepared guidance

other wastes, and non-compliance document and same is under respectively. finalization. Upon finalization,

ii. Expedite conducting the same will be circulated to environmental audit of all SPCBs/PCCs for

ii. Not complied

common/captive TSDFs available conducting audit in line with Under process.

in the State and submit the audit guidance document prepared report to CPCB. by CPCB.

ii. Board shall verify and validate

iii. Board shall verify and validate the the inventory data before inventory data before accepting the accepting the same and adopt same and adopt the CPCB's iii. Partially Complied the CPCB's guidelines while guidelines while preparation of HW preparation of HW inventory inventory report. report.

64

NO.

iv. Board immediately update inventory of Spent Solvent Recovery iv. Complied. Unit available in their States on

Board's website and provide the

link of same.

32. Tripura i. Board shall immediately prepare i. Partially Complied i. Board shall immediately enforcement framework for effective Initiative has been taken by prepare enforcement enforcement of Rules based on TSPCB. framework for effective

principle of proportionality and enforcement of Rules based on

also, precautionary principle. principle of proportionality

and also, precautionary

ii. Board shall take necessary action principle. to bring other waste in regulatory ii. Not complied ii. Board shall take necessary domain, as envisaged in the rules action to bring other waste in and also report the same in the regulatory domain, as

inventory report on hazardous and envisaged in the rules and also other waste management. report the same in the

inventory report on hazardous

iii. Board shall expedite and other waste management. the iii. Not complied

development of elaborate protocols Initiative has been taken. iii. Board shall expedite the to ensure enhanced level and development of elaborate

frequency of enforcement and protocols to ensure enhanced

environmental monitoring of level and frequency of

recycling/utilisation facilities enforcement and

iv. Complied environmental monitoring of

iv. Board shall verify and scientifically recycling/utilisation facilities

65

NO.

before grant or renewal of authorization iv. Board needs to take

v. Board needs to take cognizance of cognizance of aspects while aspects while enforcing the relevant v. Partially Complied enforcing the relevant rules rules (w.r.t. domestic hazardous Initiative has been taken, however, (w.r.t. domestic hazardous waste and hazardous waste not reported in HW inventory waste and hazardous waste generated from e-waste rules like report. generated from e-waste rules fluorescent lamp other mercury like fluorescent lamp other

containing lamp) and also, mercury containing lamp) and

preparation of HW inventory and also, preparation of HW

other interventions inventory and other

interventions

vi. Board shall be directed to submit the status on setting up of TSDF or vi. Not Complied v. Board shall submit the status sharing arrangement with The matter has been taken up with on sharing arrangement with authorized common TSDFs of government of Assam to share the authorized common TSDFs of neighboring states. TSDF of Assam State. The State neighboring states. Government has not identified any

site for setting up of common TSDF.

33. Uttar i. Board shall immediately update i. Not Complied i. Board shall immediately update

Pradesh website with respect to all No action has been taken in this website with respect to all enforcement actions along with regard. enforcement actions along with details of industries and action details of industries and action

taken. taken.

ii. Board shall immediately direct all ii. Not complied ii. Board shall immediately direct all the operator of common TSDFs not the operator of common TSDFs

66

NO.

to return the HW consignment and not to return the HW the consignment needs to be stored consignment and the within the TSDF with information consignment needs to be stored to the waste generator and also the within the TSDF with information SPCB. to the waste generator and also

the SPCB.

iii. Expedite conducting of iii. Not complied

environmental audit of Common TSDF operator has been iii. Expedite conducting of common/captive TSDFs available directed to submit audit report. environmental audit of common in the State and submit the audit and captive TSDFs available in

report to CPCB. the State and submit the audit

iv. Partially Complied report to CPCB. In this regard,

iv. Board needs to take cognizance of Action has been initiated in this CPCB has prepared guidance aspects while enforcing the relevant regard, however, not reported in document and same is under rules (w.r.t. domestic hazardous HW inventory report. finalization. Upon finalization, the waste and hazardous waste same will be circulated to all

generated from e-waste rules like SPCBs/PCCs for conducting

fluorescent lamp other mercury audit in line with guidance

containing lamp) and also, document prepared by CPCB.

preparation of HW inventory and

other interventions. iv. Board needs to take cognizance of

v. Not complied aspects while enforcing the

v. Board shall submit the compliance No information provided in this relevant rules (w.r.t. domestic status on the directions issued by regard. hazardous waste and hazardous CPCB vide dated 30/01/2019 on waste generated from e-waste

Spent Solvent Recovery units, as rules like fluorescent lamp other

the same has not received by CPCB. mercury containing lamp) and

67

68

69

Status on compliance of the recommendations pertaining to CPCB:

1. Development of National Hazardous Waste Tracking System for effective enforcement of rules including verification and reconciliation of manifest system for movement of hazardous waste.

Status: The development of above tracking system is under process. Further, for the development of National Hazardous Waste Tracking System, CPCB requested Ministry of Environment, Forest and Climate Change for considering the National Hazardous Waste Tracking System under Central Sector Scheme of Hazardous Substance Management Division. The said project was also discussed in the meeting convened by MoEF&CC on 18/11/2020 and minutes of the said meeting is awaited.

Recommendation: CPCB shall expedite the process of developing National Hazardous Waste Tracking System. Till the development of above tracking system, SPCBs/PCCs shall ensure effective enforcement of rules including verification and reconciliation of manifest system for movement of hazardous waste.

2. Evaluation and strengthening of laboratory facilities available with SPCBs/PCCs for analysis of all parameters specific under HOWM Rules.

70

APPENDIX-II Status: CPCB prepared format for providing the details of the laboratory facilities available with SPCBs/PCCs. Out of 34 SPCBs/PCCs (who have submitted the status report) only 23 SPCBs/PCCs namely Andhra Pradesh, Assam, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Nagaland, Odisha, Puducherry, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh and West Bengal have laboratory facilities available in their State/UT, however, not for all the parameters as specified in HOWM Rules, 2016. Whereas, 10 SPCBs/PCCs (namely Andaman & Nicobar Island (pH, DO and Noise meter only) Arunachal Pradesh, Bihar, Chandigarh, Chhattisgarh, Jharkhand, Lakshadweep, Manipur, Punjab and Sikkim) have no facility for analysis parameters specified under HOWM Rules, 2016. Further, no information has been provided by Uttarakhand PCB in this regard

Chhattisgarh ECB has informed that analysis is being carried out by third party lab however land has been procured for setting of central laboratory and will be developed by 31/12/2021. DPCC has laboratory facility for limited parameter (such as Zn, Pb, Co, Cr, Ni, Fe) and instruments like Bomb Colorimeter, XRF spectrophotometer, Zero head extractor, Flash point apparatus, Rotary evaporator, and Inducted coupled plasma are under procurement.

Haryana SPCB have 04 laboratories at Gurugram, Hissar, Faridabad and Panchkula, of which, only Panchklula laboratory is accredited. Board is in the process of purchasing laboratory equipment for analysis of remaining parameters i.e. ICP and Gas Chromatography. Mizoram PCB has provided list of instruments available with them and proposal submitted to CPCB regarding upgradation of tory facilities. Kerala SPCB has informed that the Board's Central Lab is accredited by NABL & being continuously upgraded for analysis of all HW parameters. In case of non- availability of the infrastructure for analysis of some HW parameters it is done through external laboratories.

Further, CPCB is also conducting training courses for SPCBs/PCCs under Capacity Building Program.

Recommendations: All the SPCBs/PCCs shall submit the details of the laboratory facilities available with them to CPCB in the prescribed format for evaluation. Upon examination of the information provided by SPCBs/PCCs, CPCB shall communicate the gaps/shortcomings in the available facilities for analysis of all parameters specified in HOWM Rules, if any to SPCBs/PCCs.

1

Verification of inventory report submitted by SPCBs/PCCs by way of test checks to ensure that the same is credible, reliable and robust in terms of contents and scope.

Status: In this regard, CPCB initiated project for verification of inventory report along with compliance to HOWM Rules through government institutes like IIT, NIT, NEERI, etc. CPCB has identified about 104 institutes for carrying out the said project. SPCBs/PCCs have also been requested to provide the list of hazardous waste generating/handling units availabe in their states. Shortlisting of state-wise institutes and award of project is under process. The project is expected to be completed within 06 months after award of work.

Recommendations: CPCB shall ensure the above verification being carried out in the presence/collaboration of SPCB/PCC and also ensure timely completion of verification of inventory report. Thereafter, based on above study and methodology illustrated during the above study, SPCBs/PCCs shall carry out the task of verification of inventory every year.

3.2 Compliance Status, Observations and Recommendations on the action points covered in the Final Report of the Monitoring Committee vis-a-vis orders dated 26/08/2019 of the Hon'ble Tribunal

The orders (uploaded) dated 07/07/2020 of the Hon'ble Tribunal was communicated to all implementing agencies for compliance. In this regard, status of implementation has been received from Ministry of Commerce(CBIC), Ministry of Labour & Employment, DGFT, DG (S) and SPCBs/PCCs of 31 States/UTs namely Andaman & Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Chandigarh, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Odisha, Puducherry, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh and West Bengal. SPCBs of Nagaland and Uttarakhand have also submitted information but not on the recommendations made in CPCB report (June2020) w.r.t actions points given in the Interim and Final Report of the Monitoring Committee. However, status of implementation has not been provided by Ministry of Environment Forest & Climate Change, Port Authorities and 02 SPCB/PCC namely Bihar and DD&DNH on recommendations pertaining to implementation of the Final report of the Monitoring committee.

On the basis of status of implementation by various agencies/SPCBs, the compliance status on various recommendations (except on contaminated sites as the same has been provided separately at Section 4 of this report) vis-à-vis the responsible Ministries/Agencies is as below:

2

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

I. IMPORT AND EXPORT OF HAZARDOUS WASTES AND

ISSUES

5. Disposal of illegally imported CBIC-Partially Complied The circular dated i. CBIC shall take necessary

consignments: 03/12/2018 states that the steps to strictly enforce its CBIC has informed that Cost custodian has to arrange for Circular No. 49/2018-

(i) CBIC and Port authorities have for disposal regarding destruction of goods at their to jointly devise a policy and unclaimed/uncleared cargo

Customs dated 03.12.2018

own expenses, whereas CBIC

mechanism for disposal of is to be borne by the and incoporate has informed that cost for custodian as per procedure mechanism/details of cost confiscated and disposal regarding laid down in Circular No. for disposal of confiscated unclaimed/uncleared cargo confiscated hazardous cargo 49/2018-Customs dated

would be borne by CBIC. The hazardous waste. lying at various ports. The

03.12.2018. Further, it has

policy/mechanism has to cover same needs to be clarified and ii. CBIC shall informed that cost for

the details of bearing cost for communicated to concerned disposal regarding inform disposal of such consignments. for implementation. confiscated hazardous cargo MoEF&CC and DGFT w.r.t would be borne by CBIC. The Monitoring Committee details of the confiscated

(CBIC and Port Authorities : 05

had noted that there had and unclaimed/uncleared

months). Port Authorities- Not been considerable delay in cargo disposed and

Complied

3

4

5

6

10. DGFT license in public domain: DGFT -Partially Complied

i. DGFT shall ensure to

(i) DGFT license issued to DGFT has informed that continuously highlight the hazardous and other wastes starting November license issued for hazardous related items may be brought permissions granted for and other waste under EXIM under a separate exclusive import of hazardous and policy in its minutes of section of the minutes of the other waste will be meeting and place the same EFC meeting for special highlighted under separated in public domain. DGFT shall sub-head of minutes of

emphasis.

7

8

9

10

15. Clearance of Waste Oil/Sludge Port Authorities- Not Andhra Pradesh, Goa, i. SPCBs/PCCs of Andaman &

from Ships: Complied Maharashtra have informed Nicobar Islands, Assam, Port Authorities have not that port(s) has been Gujarat, Karnataka, Kerala,

(i) Concerned SPCBs/PCCs or submitted status report. authorised. However, details Madhya Pradesh and Tamil Port Authorities of State/UT have not been provided. Nadu shall submit updated to grant/obtain necessary

Assam and Kerala have progress report in this authorization to cover Status of implementation

hazardous wastes generated informed the concerned regard.

provided by SPCBs/PCCs

ii. SPCBs/PCCs of Andhra from both normal port is given below:

agencies to obtain Consent and Authorization. Pradesh, Goa, Maharashtra operations/activities and all

and West Bengal shall

11

12

13

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

West Bengal PCB has not provided details of CFCs and their authorizations.

17 SPCBs/PCCs have informed that as there are no sea ports therefore,

recommendation is not applicable to them.

Table B-1: State-wise status on availability and authorization of Ports/ICDs/CFCs and waste reception facilities is tabulated below:

S.No. State/UT No. of No. of No. of No. of Inventory Ports/ Ports/ Waste Waste provided

ICDs/ ICDs/ Reception Reception by Ports/ CFCs CFCs Facility Facility ICDs/

availabl authorise available authorised CFCs

1.

Andaman & Port-24 Port-01 03 03 No Nicobar

islands

9. Andhra Port-01 Port-01 5 05 INP Pradesh

10. Arunachal Not Applicable Pradesh

11. Assam Port-01 0 INP INP INP (notice

issued to

IWAI, IWT

for

compliance)

14

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

5. Chandigarh Not Applicable

6. Chhattisgarh Not Applicable

7. Delhi Nil Nil Nil Nil NA

8. Goa Port-01 Port-01 0 0 Yes

9. Gujarat INP Informed INP INP INP ports have

been

authorised

14. Haryana Not Applicable

15. Himachal Nil Nil Nil Nil NA Pradesh

16. Jammu & Not Applicable Kashmir

17. Jharkhand Not Applicable

18. Karnataka Port-03 02 01 01 Yes

19. Kerala INP Under INP INP INP Process

20. Lakshadweep No major/min

or ports

21. Madhya ICDs-07 Directions INP INP INP Pradesh issued

22. Maharashtra INP INP 08 08 INP (at 02 ports) (at 02 ports)

23. Manipur Not Applicable

24. Meghalaya Not Applicable

25. Mizoram Not Applicable

26. Nagaland Not Applicable

15

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

23. Odisha Port-03 03 03 03 Yes

24. Puducherry Port-01 01 01 01 Yes

25. Punjab Dry ports- INP INP INP INP

03

26. Rajasthan 11 0 0 0 No

27. Sikkim Not Applicable

28. Tamil Nadu Port-04 03 0 0 Yes

29. Telangana Not Applicable

30. Tripura Not Applicable

31. Uttar Not Applicable Pradesh

32. Uttarakhand Not Applicable

33.

West Bengal 02 02 06 06 No

16. Findings of CAG Report CBIC-Partially Complied CBIC has initiated action for i. CBIC, DGFT and CBIC has informed that preparing inventory of the Port

(i) CBIC, DGFT and Port power of disallowing illegal imports. authorities shall Authorities have to provide updated import/export is dealt by immediately provide complete status of the findings of DGFT and compilation of No information has been updated status of the CAG Report to annual inventory of provided by CBIC and DGFT findings of CAG and CPCB and MoEF&CC. incidences of illegal imports regarding updated status of action taken against Compliance status of action is being compiled and will be the findings of CAG and traceable illegal importers taken against those traceable furnished by 30/12/2020 action against traceble illegal importers. to CPCB and MoEF&CC. illegal importers by not and for the upcoming years ii. MoEF&CC, DGFT, CBIC allowing import/export by 30th September of the and Port Authorities shall directly/indirectly until such year. take necessary action

consignments are safely DGFT-Not Complied against the

disposed off as per HOWM DGFT has informed that personnels/agencies

Rules, 2016 be also provided. CBIC is the competent involved in illegally

16

17

18

19

20

S . Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation N o . Agency and timeline of action)

Information not provided:

Madhya Pradesh, Uttarakhand

II. WASTE RECEPTION FACILITIES IN PORTS TO DEAL WITH WASTES GENERATED FROM SHIPS (MARPOL)

19. Availability of Waste Reception Directorate General of Details on the state-wise i. Ministry of Shipping shall

Facilities at ports: Shipping- Partially availability of waste reception expedite the process of

Complied facility and its authorization

(i) DG(S) may expedite the notification of DG (S) has informed that the is tabulated in Table B-1

process of notifying the draft "Mandatory requirements above.

'Mandatory requirements draft "Mandatory concerning port reception concerning port reception requirements concerning Assam has informed that facilities for the delivery facilities for the delivery of port reception facilities for process of verification is going of waste from ships and waste from ships and disposal the delivery of waste from on. disposal of such wastes"

of such wastes' and shall place ships and disposal of such and ensure compliance

it on its website for inviting wastes" is being reviewed Andhra Pradesh, Gujarat, comments from concerned by law department before by port authorities. Odisha, Puducherry have stakeholders and ensure its forwarding the same to waste reception facility ii. DG(S) may be g iven implementation through port Ministry of Shipping for appropriate powers

authorities. to implement the saidnotification. Goa has informed that no

(ii) DG(S) may be given waste reception facility is notification on appropriate powers to Port Authorities- Not available. 'Mandatory requirements

implement the said concerning port Complied

notification on 'Mandatory Gujarat has informed that reception facilities for the Port Authorities have not

requirements concerning port reception facilities of ports delivery of waste from reception facilities for the submitted the status report. have already been authorized, ships and disposal of delivery of waste from ships there are 78 authorized such wastes' in all ports. and disposal of such wastes' Status of implementation recyclers for Port authorities may be in all ports. Port authorities provided by SPCBs/PCCs is directed to provide the may be directed to provide the given below: compliance status to

21

compliance status to DG(S) for recycling/refining of DG(S) for enabling the

enabling the Directorate in Partially Complied: used/waste oil. Directorate in

preparation of consolidated Andaman & Nicobar Islands, preparation of

status on availability of Port Karnataka has only one waste Assam, Andhra Pradesh, consolidated status on

Reception Facilities and reception facility at 01 port Gujarat, Karnataka, Kerala, availability of Port

submission to CPCB. which has been authorized by Reception Facilities and

Maharashtra, Odisha,

(DG(S) and Port Authorities: the Board. submission to CPCB. Puducherry, Tamil Nadu and

05 months) iii. SPCBs/PCCs may West Bengal Kerala has informed that coordinate with DG(S)

(iii) SPCBs/PCCs may coordinate orders have been and Port Authorities for with DG(S) and Port Not Applicable: Arunachal communicated to port implementation of the Authorities for implementation Pradesh, Chandigarh, authorities. Authorization aforesaid notification for of the aforesaid notification for Chhattisgarh, Delhi, shall be granted by the SPCB environmentally sound environmentally sound Haryana, Himachal after sue scientific evaluation. management and management and disposal of Pradesh, Jammu & Kashmir, Waste reception facility in the disposal of ship wastes. ship wastes. Jharkhand, Lakshadweep, port shall than be iv. SPCBs of Andaman &

(SPCBs/PCCs: 05 months) Manipur, Meghalaya, authentically documented. Nicobar Islands, Assam, Mizoram, Nagaland, Sikkim, Andhra Pradesh, Gujarat,

Telangana, Tripura, Uttar Maharashtra, Kerala has

Pradesh informed that it has already

Karnataka, Kerala,

communicated the Maharashtra, Odisha,

recommendations to Puducherry, Tamil Nadu Not Complied: Goa and

and West Bengal shall

Rajasthan concerned authorities for

compliance. ensure compliance and

Information not provided: submit progress report. Punjab will be enforcing Madhya Pradesh, Punjab, v. SPCBs of Goa andHOWM Rules, 2016 on and Uttarakhand Rajasthan shallquarterly basis.

coordinate with DG(S)

Rajasthan has informed that and Port Authorities for there are 11 waste reception facility in

22

23

24

25

S . Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation N o . Agency and timeline of action)

III. IMPACT OF HW ON WORKERS' HEALTH

22. Coverage of all workers Ministry of Labour and The Code on Social Security, i. Ministry of Labour and

under ESI Act, 1948 Employment- Complied 2020 has been notified. Its Employment shall ensure effective implementation and

(i) Appropriate directions may be MoLE has informed that the implementation of the coverage of workers involved

issued to Ministry of Labour code on Social Security, 2020 Social Security code and in handling and processing of and Employment to expedite was introduced in Lok Sabha provide status on the hazardous and other waste publication of the Draft Code on 19.09.2020. coverage of workers under health and other social on Social Security, 2019. Subsequently, The Code on involved in handling and support schemes needs to be

(Ministry of Labour and Social Security 2020 was .

processing of hazardous ensured considered and passed by

Employment: 06 months) and other waste under Lok Sabha and Rajya Sabha. health and other social After the assent from the support schemes. Hon'ble Present of India the

same has been notified in the

gazette of India for General

information on 29/09/2020.

23. Implementation of Rule 5(2) of Status of implementation Gujarat, Haryana, Himachal i. Chief Secretaries of

HOWM Rules, 2016: of Rule 5(2) as received Pradesh, Jammu & Kashmir, Meghalaya and

from State/UT Mizoram, Punjab and Uttarakhand shall

(i) States/UTs who have not Tripura have taken action to responded is required to Partially Complied: immediately direct the sensitize concerned agencies Andaman & Nicobar concerned agencies for provide compliance status w.r.t implementation of Rule within three months, otherwise Islands, Assam,

implementation of Rule 5(2)

5 of HOWM Rules, 2016 and

and monitor the same and

Hon'ble NGT may consider Chandigarh, Gujarat, meeting has been conducted Haryana, Himachal provide compliance status. imposing environmental with concern Pradesh, Jammu & Kashmir,

compensation, appropriately, departments/letters have

Karnataka, Madhya

26

27

28

29

30

26. DISPLAY OF INFORMATION CPCB had received Assam has informed that all i. SPCBs/PCCs of Assam,

OUTSIDE THE FACTORY GATE: clarification from various units are directed to install Andhra Pradesh, SPCBs/PCCs w.r.t display board, consent and Chandigarh,

applicability of Mandatory authorization is not being Chhattisgarh, Gujarat,

31

(i) SPCBs/PCCs shall ensure that Online display board as per grated unless compliance is Goa, Haryana, Himachal verification of Hon'ble Apex court orders in ensured. Pradesh, Jharkhand,

installation/updation of the matter of W.P (C) Kerala, Meghalaya,

display boards at all the 657/1995. In order to Andhra Pradesh has informed Rajasthan, Punjab and Hazardous waste generating implement the orders in the that R.Os have issued notices Telangana shall submit units on a continuous basis. spirit, CPCB had requested and pursuing industrial units progress report.

(SPCBs/PCCs : 05 months) all SPCBs/PCCs to ensure for installation of display strict implementation of boards.

ii. Lakshadweep shall take online display board in large action for compliance of scale units and regulate Goa has informed that major installation of appropriate generator has installed Hon'ble Apex court orders size of manual display board display Boards. Due to related to Display Board. in medium and small units. COVID-19, verification has

CPCB has also sought not been carried out. Board is iii. Arunachal Pradesh, information on the pattern of in process of conducting Manipur, Mizoram and the display board and inspections for verification of Nagaland PCBs shall implementation which the installation and updation of ensure that display board High Powered Committee display board. is installed and regularly has refereed in its report and updated by all HW

has been informed that the Gujarat has informed that it generating and handling manual display boards had has all the units having valid units. been adopted and the CCA have compiled with

practice is continued. Online Hon'ble Supreme Court

display Boards have only directions. Board has iv. SPCBs/PCCs of 05 been installed in few included specific condition of States/UTs namely categories of the units. display board in consent and Bihar, Daman & Diu and authorization and system of Dadar & Nagar Haveli,

Status of implementation verification is already in Delhi, Tamil Nadu and

provided by SPCBs/PCCs place. However, details have Uttarakhand shall

is given below: not been provided.

32

33

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

plants, which may not require display board.

Punjab has informed that 106 units have not installed display Board, yet no action has been taken against them.

Table B-2: Status of installation/verification of Display Board is tabulated below:

S. No. State/UT No. of HW No. of units No. of Action Taken generating installed units

and display Board verified

handling

units

1.

Andaman & 02 02 02 Nil Nicobar Island

2.

Arunachal 83 07 07 No action taken Pradesh

3.

Assam 176 INP 57 Direction issued to all units

4.

Andhra 2683 1756 1756 Notices issued Pradesh and units are

being pursued

5.

Chandigarh 679 29 25 SCNs issued

6.

Chhattisgarh 413 300 300 SCNs issued

7.

Delhi Information not provided

8.

Goa Information not provided, Verification under process

34

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

9.

Gujarat Details not provided

0.

Haryana 4830 1805 1901 Action has been taken against

25 non-

complying units

1.

Himachal 2436 2319 1849 Action has been Pradesh taken against

75 non-

complying units

2.

Jammu & 238 238 227 Notices issued Kashmir to 21 units

3.

Jharkhand 628 127 81 Notices issued to 16 non-

complying

units.

4.

Karnataka 3070 3070 3070 Nil

5.

Kerala 1551 932 358 Notices issued to defaulters,

follow-up action

is being going

on.

6.

Lakshadweep Informed no HW generating factories, however D.G sets in power house and small automobile workshops are there

7.

Madhya 3192 3192 316 Notices issued Pradesh and

rectifications

were done

8.

Maharashtra 7257 7257 1484 Appropriate directions

35

S. Recommendations (Responsible Status of Compliance Remarks/Observations Recommendation No. Agency and timeline of action)

issued in case of non-compliance

19.

Manipur Information not provided

20.

Meghalaya 19 16 16 Directions are being issued

21.

Mizoram 40 01 - Informed that remaining units

may not require

to install display

Board.

22.

Nagaland Information not provided

23.

Odisha 360 360 360 NA

24.

Puducherry 131 131 32 Notices issued

25.

Punjab 3255 3149 191 Nil

26.

Rajasthan 2090 2027 1162 Action has been taken against

108 non-

complying units

27.

Sikkim 49 49 49 0

28.

Tamil Nadu Information not provided

29.

Telangana 2377 1250 1250 Notices issued to non-

complying

units, 1127 are

under process

of installing

display boards.

30.

Tripura 172 172 172 Nil

36

3 2 .

Uttarakhand Information Not Provided

3 3 .

West Bengal 809 809 2^{9 Nil}

27. INSTITUTIONAL REFORMS Status of implementation SPCBs/PCCs of Arunachal i. SPCBs/PCCs of Gujarat and

provided by SPCBs/PCCs Pradesh, Chhattisgarh, Delhi, Lakshadweep shall ensure

is given below: Goa, Haryana, Himachal regular training of

(i) SPCBs/PCCs shall ensure Pradesh, Jammu & Kashmir, manpower that Complied: Gujarat, Karnataka, Kerala, Madhya ii. SPCBs/PCCs of Assam, adequate manpower is Lakshadweep Pradesh, Manipur, Chandigarh and Jharkhand available with the PCB/PCC, Maharashtra, Meghalaya, shall immediately take steps training shall be regularly Partially Complied: Mizoram, Nagaland, Odisha, to provide adequate provided with emphasis on Andaman & Nicobar Islands, Puducherry, Punjab Sikkim, manpower and shall

scientific evaluation and Arunachal Pradesh, Tamil Nadu, Tripura, Uttar Chhattisgarh, Delhi, Goa, Pradesh, Uttarakhand and regularly provide training management of hazardous waste. Haryana, Himachal West Bengal have informed

with emphasis on scientific

Pradesh, Jammu & Kashmir, that they are in process of evaluation and management Karnataka, Kerala, Madhya recruiting the required of hazardous waste.

Pradesh, Manipur, manpower or has approached

Maharashtra, Meghalaya, state government for iii. SPCBs/PCCs of Andaman & Mizoram, Nagaland, Odisha, providing adequate Nicobar Islands, Arunachal Puducherry, Punjab, manpower. Pradesh, Chhattisgarh,

Rajasthan, Sikkim, Tamil Delhi, Goa, Haryana,

Nadu, Telangana, Tripura, Andaman & Nicobar Islands Himachal Pradesh, Jammu Uttar Pradesh, Uttarakhand have informed that it does not

& Kashmir, Karnataka,

and West Bengal have adequate manpower.

However, PCC has recruited Kerala, Madhya Pradesh,

recently 03 technical staff. Manipur, Maharashtra,

37

Not Complied: Assam, Meghalaya, Mizoram, Chandigarh, Jharkhand Assam has informed that Nagaland, Odisha, adequate manpower is ot Puducherry, Punjab,

Information not provided: provided and also no steps Rajasthan, Sikkim, Tamil Andhra Pradesh have been taken to increase Nadu, Telangana, Tripura, manpower. However, training Uttar Pradesh, Uttarakhand programme are being and West Bengal shall

attended by officials as and

provide the progress report

when entrusted.

progress report on providing

Andhra Pradesh has informed adequate manpower and

that it has 03 Zonal Offices training.

and 13 Regional offices

covering 13 Districts iv. SPCBs/PCCs of Assam,

Andhra Pradesh, Delhi, Goa,

Chandigarh PCC has Gujarat, Haryana, Himachal

informed that no training Pradesh, Jammu &

programme has been carried Kashmir, Karnataka,

out/attended by CPCC Kerala, Madhya Pradesh,

officials during 2019-20. Maharashtra, Meghalaya,

Gujarat has informed that it Mizoram, Nagaland, Odisha, has recruited 49 Assistant Puducherry, Rajasthan,

Environmental Engineers in Tamil Nadu, Telangana,

September, 2019 and Tripura, Uttar Pradesh and

organizing training West Bengal shall expedite

programmes on regular basis. the process of establishing full fledge laboratory and

Jharkhand has informed that submit the progress report it does not have adequate

38

39

vii. SPCBs of Andaman & SPCBs/PCCs of Haryana,

Nicobar Islands, Andhra Jammu & Kashmir, Mizoram, Pradesh, Arunachal Nagaland, Puducherry,

Pradesh, Assam, Delhi, Goa,

Tripura, West Bengal have

Jammu & Kashmir,

informed that they have

Jharkhand, Karnataka,

initiated process for

upgrading lab Lakshadweep,

(ii) SPCBs/PCCs should have Partially Complied: Assam, Maharashtra, Manipur, adequate laboratory Andhra Pradesh, Delhi, Goa, Andaman & Nicobar Islands Mizoram, Nagaland, infrastructure for analysis of Gujarat, Haryana, Himachal has informed that it does not Rajasthan, Sikkim, Tripura HW parameters. Pradesh, Jammu & Kashmir, have facility for analysis, and Uttar Pradesh shall take Karnataka, Kerala, Madhya waste oil generated in the UT action on R&D work and

Pradesh, Maharashtra, is being sent to mainland for submit the status on

Meghalaya, Mizoram, further processing, so no compliance w.r.t R&D work

Nagaland, Odisha, analysis has been carried out. carried out by them.

Puducherry, Rajasthan,

Tamil Nadu, Telangana, Assam has facility for viii. All SPCBs/PCCs

Tripura, Uttar Pradesh and analysis of various

shall

West Bengal parameters. However, few

instruments are out of order regular carryout R&D work

Not Complied: Andaman & and also analysis facility for either throughon coltlahbeoirratoiownn witohr Nicobar Islands, Arunachal only few metals is available technical institutes/ Pradesh, Chandigarh, with PCB. regulatory agencies and

Chhattisgarh, Jharkhand, submit the report to CPCB

Lakshadweep, Manipur, Andhra Pradesh has informed after completion of each Punjab, Sikkim that it has laboratory facility project. Also, advocacy of at Zonal office, the Cleaner technology and

Information not provided- Vishakhapatnam for analysis dissemination of Uttarakhand

40

41

42

43

44

45

46

47

48

Apart from above state specific and agency wise recommendations on the various action points, the following are also recommended:

1. Chief Secretary of DD&DNH shall submit the compliance status report on the recommendations made in CPCB report (June2020) w.r.t actions points given in the Interim and Final Report of the Monitoring Committee and in accordance with order dated 07/07/2020 of the Hon'ble Tribunal.

Further, Chief Secretaries of 03 States namely Bihar, Nagaland and Uttarakhand shall submit compliance status report on all the action points as per format circulated vide CPCB letter dated 20/07/2020 w.r.t. Final Report of the Monitoring Committee, as CPCB has not received the same.

2. Chief Secretaries of all States/UTs shall monitor and ensure compliance of the recommendations pertaining to SPCBs/PCCs and State/UT Governments/ Departments (as given in Section 3) and also submit compliance status on annual basis to CPCB.

3. The action points given in the final report of the Monitoring Committee vis-à-vis the recommendations made in Section 3.2 be coordinated by Ministry of Environment, Forest and Climate Change with various central ministries and its agencies to ensure compliance of the same.

49