Disposed

Subhas Dattasubhas Datta v. State of West Bengal and Others

NGT3 Dec 2020Original Application No. 30/2020

Case brief

AI extract

What is this about?

The Applicant alleged non-compliance by West Bengal with CPCB guidelines for disposing of COVID-19 biomedical waste from home quarantines. The court, having found steps taken by the State and noting monitoring in a related suit, disposed of the present application without further directions.

What did the court decide?

No further directions issued; application disposed of after noting state reports and related monitoring order.

Subhas Dattasubhas Datta vs State of West Bengal and Others — Environment and Pollution | NGT (2020)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video Conferencing)

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Original Application No. 30/2020/EZ

Subhas Datta

Applicant

Versus

State of West Bengal & Ors.

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Respondent(s)

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Date of hearing: 03.12.2020

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CORAM: HON’BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s): Mr. Subhas Datta (in person)

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For Respondent(s): Mr. Sibojyoti Chakraborty, Advocate for Respondent No. 5. Mr. Abratosh Majumdar and Ms. Madhumita Bhattacharya, Advocates for State of West Bengal.

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ORDER

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This application was preferred by the Applicant alleging non-compliance of the guidelines prescribed by the Central Pollution Control Board (CPCB) for handing, treatment and disposal of Bio Medical Waste of Covid-19 patients with specific reference to the Bio Medical Waste arising out of home quarantine in the State of West Bengal.

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It has been alleged that the State Government failed to implement the guidelines causing serious health hazard to the general public.

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By order dated 18.05.2020, we had noted that the matter relating to implementation of the CPCB guidelines referred to by the Applicant is being specifically dealt with in O.A. No. 72/2020 taken up Suo Moto by the Tribunal which is under consideration before Court No. 1 headed by the Hon’ble Chairperson, National Green Tribunal.

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In paragraph 6 of the order dated 18.05.2020, the observations of the Tribunal made in O.A. No. 72/2020 vide order dated 23.04.2020 were also extracted, which are as follows.

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“7. COVID 19 pandemic has emerged in the last few months and has affected number of people across the world. More than one and a half lac people have died world over and more than 600 in India. The virus spreads mainly by droplets and also by touch of contaminated articles. To prevent spread, lock down has been enforced, restricting people to their homes, so as to avoid social contact. Affected persons are treated in hospitals and those suspected are quarantined in various facilities or at home. Large scale testing has been and is being done. By way of precaution, masks, gloves, PPE etc. are used which are disposed of thereafter. In the process, huge bio-medical waste is generated which itself

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can be source of disease. While the BMW Rules generally take care of the situation by way elaborate provisions to deal with biomedical waste generated in dealing with infectious diseases such as HIV, HINI etc., present pandemic has presented further challenge inter-alia on account of:

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i. Existing gaps in compliance of BMW Rules in terms of capacity to scientifically dispose of generated waste and non-compliance of procedural and monitoring aspects;

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ii. COVID-19 virus has emerged suddenly and is highly infectious, requiring more precautions compared to other infectious diseases.

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8. To deal with the situation, CPCB has issued guidelines which were last updated on 18.04.2020. The updated guidelines are:

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“Guidelines for Handling, Treatment, and Disposal of Waste Generated during Treatment /Diagnosis/Quarantine of COVID19 patients-Rev.2

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“In order to deal with COVID-19 pandemic, State and Central Governments have initiated various steps, which include setting up of quarantine centers/camps, Isolation wards, sample collection centers and laboratories.

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Following specific guidelines for management of waste generated during diagnostics and treatment of COVID-19 suspected / confirmed patients, are required to be followed by all the stakeholders including isolation wards, quarantine centers, sample collection centers, laboratories, ULBs and common biomedical waste treatment and disposal facilities, in addition to existing practices under BMW Management Rules, 2016.

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These guidelines are based on current knowledge on COVID-19 and existing practices in management of infectious waste generated in hospitals while treating viral and other contagious diseases like HIV, H1N1, etc. These guidelines will be updated if need arises. This Revision-2 of guidelines is mainly to incorporate specific requirements and responsibilities of persons operating sewage treatment plants at Healthcare Facilities and to clarify on management of general waste from quarantine homes and masks/gloves from other households.

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Guidelines brought out by WHO, MoH&FW, ICMR, CDC and other concerned agencies from time to time may also be referred. Guidelines for handling, treatment and disposal of COVID-19 waste at Healthcare Facilities, Quarantine Camps/ Quarantine-homes/ Home-care, Sample Collection Centers, Laboratories, SPCBs/PCCs, ULBs and CBWTFs is give below;

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(a) COVID-19 Isolation wards: (isolation wards are those where COVID-19 positive patients are being kept for treatment / diagnosis)

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Healthcare Facilities having isolation wards for COVID-19 patients need to follow these steps to ensure safe handling and disposal of biomedical waste generated during treatment;

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Keep separate color coded bins/bags/containers in wards and maintain proper segregation of waste as per BMWM Rules, 2016 as amended and CPCB guidelines for implementation of BMW Management Rules.

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As precaution double layered bags (using 2 bags) should be used for collection of waste from COVID-19

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isolation wards so as to ensure adequate strength and no-leaks;

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Collect and store biomedical waste separately prior to handing over the same CBWTF. Use a dedicated collection bin labelled as “COVID-19” to store COVID-19 waste and keep separately in temporary storage room prior to handing over to authorized staff of CBWTF. Biomedical waste collected in such isolation wards can also be lifted directly from ward into CBWTF collection van.

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In addition to mandatory labelling, bags/containers used for collecting biomedical waste from COVID-19 wards, should be labelled as “COVID-19 Waste”. This marking would enable CBWTFs to identify the waste easily for priority treatment and disposal immediately upon the receipt.

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General waste not having contamination should be disposed as solid waste as per SWM Rules, 2016.

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- Maintain separate record of waste generated from COVID-19 isolation wards

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Use dedicated trolleys and collection bins in COVID-19 isolation wards. A label “COVID-19 Waste” to be pasted on these items also.

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The (inner and outer) surface of containers/bins/trolleys used for storage of COVID-19 waste should be disinfected with 1% sodium hypochlorite solution daily.

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Report opening or operation of COVID19 ward and COVID ICU ward to SPCBs and respective CBWTF located in the area.

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Depute dedicated sanitation workers separately for biomedical waste and

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general solid waste so that waste can be collected and transferred timely to temporary waste storage area.

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Feces from COVID-19 confirmed patient, who is unable to use toilets and excreta is collected in diaper, must be treated as biomedical waste and should be placed in yellow bag/container. However, if a bedpan is used, then faces to be washed into toilet and cleaned with a neutral detergent and water, disinfected with a 0.5% chlorine solution, then rinsed with clean water.^a1

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Collect used PPEs such as goggles, faceshield, splash proof apron, Plastic Coverall, Hazmet suit, nitrile gloves into Red bag; a²

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Collect used masks (including triple layer mask, N95 mask, etc.), head cover/cap, shoe-cover, disposable linen Gown, non-plastic or semiplastic coverall in Yellow bags. a³

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[^{a1 to a3} Inserted in Rev. 2 of guidelines dated 18/04/2020]

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(b) Sample Collection Centers and Laboratories for COVID-19 suspected patients

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Report opening or operation of COVID-19 sample collection centers and laboratories to concerned SPCB. Guidelines given at section (a) for isolation wards should be applied suitably in in case of test centers and laboratories. Pre-treat viral transport media, plastic vials, vacutainers, Eppendorf tubes, plastic cryovials, pipette tips as per BMWM Rules, 2016 and collect in Red bags.^b1

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[^b1 Inserted in Rev. 2 of guidelines dated 18/04/2020]

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(c) Responsibilities of persons

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operating Quarantine Camps/ Homes or Home-Care facilities^*

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Less quantity of biomedical waste is expected from quarantine Camps/ Quarantine Home/ Homecare facilities. However, the persons responsible for operating quarantine camps/centers/ home-care for suspected COVID-19 persons need to follow the below mentioned steps to ensure safe handling and disposal of waste;

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General solid waste (household waste) generated from quarantine centers or camps should be handed over to waste collector identified by Urban Local Bodies or as per the prevailing local method of disposing general solid waste.

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Biomedical waste if any generated from quarantine centers/camps should be collected separately in yellow colored bags (suitable for biomedical waste collection) provided by ULBs. These bags can be placed in separate and dedicated dust-bins of appropriate size.

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Persons operating Quarantine camps/centers should call the CBWTF operator to collect biomedical waste as and when it gets generated. Contact details of CBWTFs would be available with Local Authorities.

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Persons taking care of quarantine home / Home-care should deposit biomedical waste if any generated from suspected or recovered COVID19 patients, by following any of the following methods as may be arranged by ULBs;

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Hand over the yellow bags containing biomedical waste to authorized waste collectors at door steps engaged by local bodies; or

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Deposit biomedical waste in yellow bags at designated deposition Centers established by ULBs. The bag again be stored in yellow bag or container; or

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Handover the biomedical waste to waste collector engaged by CBWTF operator at the doorstep.

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Persons operating Quarantine camps/centers or Quarantinehomes/Home-care should report to ULBs in case of any difficulty in getting the services for disposal of solid waste or biomedical waste.

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Clarifications:

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Quarantine Camps / QuarantineHome are the places where suspected people or the contacts of suspected / confirmed cases who have been directed by authorized hospitals or local authorities to stay at home for at least 14 days or more for observation for any symptom of COVID-19, if any.

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Homecare – Home care facility is a home where care is to be provided to a COVID-19 positive patient at home. C1

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Biomedical waste at Quarantine Camps / Home-care may also comprise of used syringes, date expired or discarded medicines, used masks/gloves and in case of patients with other chronic diseases may also include drain bags, urine bags, body fluid or blood soaked tissues/cotton, empty ampules etc.

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Biomedical waste generated from Quarantine Camps / QuarantineHome / Home-care would be treated as ‘domestic hazardous waste’ as defined under Solid Waste Management Rules, 2016, and shall be disposed as per provisions under Biomedical Waste Management Rules, 2016 and these guidelines.

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General waste from Quarantine Camps / Quarantine-Home / Homecare shall be disposed as solid waste as per provisions under SWM Rules, 2016.

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Used masks and gloves generated form home quarantine or other households should be kept in paper bag for a minimum of 72 hours prior to disposal of the same as general waste. It is advisable to cut the masks prior to disposal to prevent reuse.c2

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**_[Amended in Rev. 1 of guidelines dated 25/03/2020]_*

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[c1 and c2 Amended in Rev. 2 of guidelines dated 18/04/2020]

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[c2: Criteria for 72 hours is as per CDC guidelines for Decontamination and Reuse of Filtering Face piece Respirators]

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(d) Duties of Common Biomedical Waste Treatment Facility (CBWTF):

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Report to SPCBs/PCCs about receiving of waste from COVID-19 isolation wards / Quarantine Camps / Quarantined homes / COVID-19 Testing Centers;

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Operator of CBWTF shall ensure regular sanitization of workers involved in handling and collection of biomedical waste;

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Workers shall be provided with adequate PPEs including three layer masks, splash proof aprons/gowns, nitrile gloves, gum boots and safety goggles;

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Use dedicated vehicle to collect COVID-19 ward waste. It is not necessary to place separate label on such vehicles;

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Vehicle should be sanitized with sodium hypochlorite or any appropriate chemical disinfectant

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after every trip.

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COVID-19 waste should be disposedoff immediately upon receipt at facility.

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In case it is required to treat and dispose more quantity of biomedical waste generated from COVID-19 treatment, CBWTF may operate their facilities for extra hours, by giving information to SPCBs/PCCs.

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Operator of CBWTF shall maintain separate record for collection, treatment and disposal of COVID-19 waste.

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Do not allow any worker showing symptoms of illness to work at the facility. May provide adequate leave to such workers and by protecting their salary.

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(e) Duties of SPCBs/PCCs

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Shall maintain records of COVID-19 treatment wards / quarantine centers / quarantines homes in respective States.

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Ensure proper collection and disposal of biomedical waste as per BMW Rules, 2016 and SOPs given in this guidance document;

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Allow CBWTFs to operate for extra hours as per requirement;

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May not insist on authorisation of quarantine camps as such facilities does not qualify as health facilities. However, may allow CBWTFs to collect biomedical waste as and when required;

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In case of States not having CBWTFs as well as rural or remote areas, not having access to CBWTFs, the existing captive facilities of any hospital may be identified for disposal of COVID- 19 waste as per provisions under BMWM Rules, 2016

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and these guidelines. This may include permitting use of deep burial pits for disposal of yellow category waste as per standards prescribed in Schedule II of Bio-medical Waste Management Rules, 2016. g1

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Coordinate with CBWTFs and ULBs in establishing adequate facilities for collection and disposal of COVID19 waste.

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In case of generation of large volume of yellow color coded (incinerable) COVID-19 waste, permit HW incinerators at existing TSDFs to incinerate the same by ensuring separate arrangement for handling and waste feeding.

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[e1Amended in Rev. 2 of guidelines dated 18/04/2020]

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(f) Duties of Urban Local Bodies +

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Urban Local Bodies are responsible for ensuring safe collection and disposal of biomedical waste, if any, generated form Quarantine Camps/ Quarantine Homes/ Home Care for COVID-19 suspected persons.

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Information on each Quarantine Camps/ Quarantine Homes/ HomeCare should be available with local administration and provide updated list to SPCBs from time to time;

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- In case of quarantine camps, ensure that biomedical waste is collected directly by CBWTFs identified by ULB. Waste from quarantine camps to be lifted by CBWTFs on call basis as and when the biomedical waste gets generated. Provide contact details of CBWTF operator at Quarantine Camps;

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Provide necessary support, security including authorisation to staff of CBWTFs;

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ULB shall engage CBWTF operator

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for ultimate disposal of biomedical waste collected from quarantine home/home care or waste deposition centers or from door steps as may be required depending on local situation; ULB shall make agreement with CBWTF in this regard.

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ULBs envisage following options to facilitate safe collection and disposal of biomedical waste from quarantined homes/Home care;

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Engage authorized waste collectors for door steps collection of biomedical waste and transfer to collection points for further pick-up by CBWTF; and/or

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In case number of quarantined homes/Home-care units are less, ULBs may engage services of CBWTFs to collect the waste directly from door-steps.

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Provide yellow colored bags (designated for BMW) to the persons responsible for operating Quarantine Camp or home-care. If required, such bags may be provided through CBWTF.

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ULBs shall ensure the following in engaging authorized waste collectors at door-steps or at waste deposition centers;

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Create a separate team of workers who shall be engaged in door step waste collection at waste deposition centres or at quarantine homes or home care.

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Ensure that only designated staff collects biomedical waste from quarantine homes or home care.

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Training should be provided for sanitization, about collection of biomedical waste, precautionary measures to handle biomedical waste.

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Impart training to waste collector in handling of biomedical waste including methods of sanitization. Training to waste collectors should be arranged through CBWTF operators;

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The staff involved in handling and collection of waste from quarantine homes or home care centers shall be provided with adequate Personnel Protective Equipment such as three layer masks, splash proof aprons/gowns, heavy-duty gloves, gum boots and safety goggles. These PPEs are required to be worn all the time while collecting of waste from quarantine center/quarantine homes/home care/waste deposition centres.

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Use dedicated carts / trolleys / vehicles for transport of biomedical waste. Ensure sanitization of vehicles with 1% hypochlorite after each trip.

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Ensure that, waste collectors arriving at quarantine center or at home care shall spray the disinfectant (1% hypochlorite solution) on the bin used for yellow bag.

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Establish common waste deposition centers (as stipulated under SWM Rules, 2016) for receiving / collection of biomedical waste. For this purpose, existing Dhalaos if any may be converted suitably.

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The general solid waste collected from quarantine homes or home care shall be disposed of as per SWM Rules, 2016.

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Services of Common Biomedical Waste Treatment & Disposal Facilities (CBWTFs) and staff associated with CBWTFs for collection, transportation, treatment and disposal of biomedical waste

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generated from hospitals including COVID-19 isolation wards, Quarantine Camps, etc. may be considered an essential service as part of health infrastructure.

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Facilitate smooth operations of CBWTFs.

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Local agencies / ULBs may take additional measures considering prevailing ground situations and feasibility, however while implementing such measures requirements outlined in these guidelines should be complied. f1

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[⁺ Inserted in Rev. 1 of guidelines dated 25/03/2020] [^f1 Amended in Rev. 2 of guidelines dated 18/04/2020]

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(g) Management of wastewater from HCFs / Isolation Wards⁺⁺

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As per the information available at CDC, the risk of transmission of virus that causes COVID-19 through sewerage systems is thought to be low. Transmission to operators may be possible during treatment of sewage treatment plants, however there is no evidence to date that this has occurred. Therefore, following guidance recommended for HCFs and the operators of STPs;

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Responsible agencies are Healthcare Facilities / Isolation Wards / operators of terminal sewage treatment plants (PHED/Jal Board/etc.).

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HCFs and the agencies operating Sewage Treatment Plants should continue to ensure disinfection of treated wastewater as per prevailing practices to inactivate corona viruses.

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Operators of ETPs/STPs attached with

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discharge from Healthcare Facilities and isolation wards should adopt standard operational practices, practice basic hygiene precautions, and wear personal protective equipment (PPE) prescribed for operation of STPs. PPEs should include Goggles, face mask, liquid repellant coveralls, waterproof gloves and Rubber boots.

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During the period of COVID-19 pandemic, utilization of treated wastewater in utilities within HCFs may be avoided.”

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[^{+ +} inserted in Rev. 2 of guidelines dated 18/04/2020] ”

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9. There appears to be need for further revision of the guidelines to cover all aspects covering not merely institutions but also individual households and dealing with situations where scientific disposal facilities like incinerators are not available and any unmindful deep burial without adequate safeguards can adversely affect the ground water and pose danger to health and safety of people.

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Disposal of COVID-19 waste in general bins so as to be part of municipal waste or unscientific handling sewage and other liquid waste without safeguards can also be hazardous. There is also need to incorporate best practices in the light of further experience and new thoughts emerging from time to time, apart from continued supervision and monitoring, compiling data in an online format, use of electronic /digital manifest system to track and log COVID-19 waste from all sources, preventing its accidental spillage, analyzing the data for strategic planning and the feedback by creating necessary software, to the extent viable.

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There is also need for creating awareness about the precautions and steps to be taken by all handlers and workers as well as citizens, making a model plan, to be adopted locally by the Panchayat, Sub-

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division, District and State authorities with such further changes as may be necessary in local conditions. Health of all operators has been protected and preventive measures taken. There is need for orientation/training of persons responsible for compliance in Local Bodies and Health department by an online mechanism besides providing them with adequate protective gear. CPCB has to take lead and coordinate with media as well as the concerned Central/State departments.

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Let the Chief Secretary of States/UTs by coordinating the activities of State’s concerned departments like of Urban Development, Health, Irrigation & Public Health also closely monitor the scientific storage, transport, handling, management and disposal of COVID-19 waste as its unscientific handling poses a grave threat environment and health of people. At the national level, let a high level task team of Ministry of MoEF&CC, Health UD, Jal Shakti, Defence and CPCB supervise the handling and scientific disposal of COVID19 waste in accordance with the guidelines.

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Let the State Departments of Environment and PCBs/PCCs ensure compliance of Biomedical Waste Management Rules, 2016 and furnish action take report to CPCB and CPCB take further steps and furnish a consolidated report to this Tribunal of the steps taken and the ground status as on 31.5.2020. The report may be furnished by 15.06.2020.

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List for further consideration on 22.06.2020.”

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However, having regard to the fact that this case is specific to the State of West Bengal, direction was issued upon the Chief Secretary, Government of West Bengal, to look into the matter and to take tangible and urgent steps to implement the CPCB guidelines. Report was thus called for

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from both the Chief Secretary, Government of West Bengal and the State PCB dealing with the implementation of the guidelines.

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In terms of the above order, replies were filed by the Chief Secretary, Government of West Bengal and the State PCB which was taken on record on 08.07.2020. The Applicant was directed to go through those and to submit his comments before the next date.

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On 23.11.2020, the Applicant submitted that he was unable to file the comments due to his inability to visit the sites to verify on the factual position due to the pandemic situation. He, however, pointed out certain parts of the report to indicate that the quantity of Covid-19 waste which was said to have been collected was far less considering that there are about 90 municipalities in the State of West Bengal. Thus, it was submitted that the facts required to be verified. He further pointed out a newspaper report stating that the State Pollution Board had constituted a Committee of Experts and, according to such report, the Committee had found gaps in respect of collection of home quarantine Covid-19 waste which had not been collected at all.

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In view of the facts and circumstances, we had directed the State PCB to place before us a copy of the report submitted by the Committee, if filed, for our consideration. The State of West Bengal was also directed to file a report on the present status of implementation of the CPCB guidelines for collection and disposal of Covid-19 waste.

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In compliance of the above directions, reports have been filed by the Principal Secretary, Department of Environment, Government of West Bengal. The report inter alia states as follows:

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“ 4. That in order to deal with Covid-19 pandemic, the State Government has initiated various steps so that all aspects of scientific disposal of liquid and solid waste management are taken care of both at the institution as well as household level.

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5. The WBPCB circulated the direction of CPCB regarding use of Covid-19 BWM tracking app to Department of Health & Family Welfare for implementation. Additional Secretary, HS Branch, Department of Health & Family Welfare issued a notice for use of Covid10BWM app by all Covid Hospitals, quarantine centres, laboratories, isolation wards, sample collection centres vide memo no. 124(2)HS(MS)/HF/O/MS/W-09/2020 dated 26/06/2020 and memo no. HPT/40-092005/Pt-I/A 2312 dated 10.08.2020.

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6. The Joint Secretary, HS Branch, Department of Health and Family Welfare issued a notice to Joint Secretary, MA & UD

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Department to implement the use of COVID10BWM app in ULBs Covid waste generated from home quarantines.

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7. That on 30.07.2020, Jt. Secretary, UD & MA Department issued a direction to 1) Commissioner, KMC 2) The Chairperson, Board of Administrators of all Municipal Corporations/Municipalities to comply directions of Hon’ble Supreme Court of India and Hon’ble Tribunal.

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8. That as per the Status Report on Covid 19 Waste upto 30.11.2020 of the West Bengal Pollution Control Board, it is respectfully submitted that:-

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i) 1,03,414.3 Kg of Covid 19 waste was collected and treated from home quarantine within Kolkata Municipal Corporation area till 30.11.2020.

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ii) Month wise Covid Waste figure from Health care facilities is as follows:

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*Month*	*Covid waste* *generated,* *collected and* *treated(in KG)*
*Period upto* *30.06.2020*	*4,65,268*
*July, 2020*	*2,94,345*
*August, 2020*	*4,85,305*
*September, 2020*	*4,95,000*
*October, 2020*	*3,76,092*
*November, 2020*	*3,76,649*
*Total*	*24,92,659 Kg*

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Month wise collection of Covid Waste figures from Home Quarantine & ULBs is as follows:

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*Month*	*Covid waste* *generated,* *collected and* *treated (in KG)*
*Period upto* *30.06.2020*	*866.03*
*July, 2020*	*4,124.04*
*August, 2020*	*6,560.5*
*September, 2020*	*30,857.01*
*October, 2020*	*41,584.9*

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*November, 2020*	*33,525.52*
*Total*	*1,17,518 Kg*

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Copy of the Status Report upto 30.11.2020 of West Bengal Pollution Control Board is hereby annexed and marked as Annexure-R/1.

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iii) That as per the report of the West Bengal Pollution Control Board, till 31.11.2020, the authorized Common Biomedical Waste Treatment Facility (CBWTF) operators have collected 24,92,659 Kilograms of Covid 19 waste from different hospitals and 1,17,518 kilograms of Covid 19 waste from different municipalities. This comes to a grand total of 26,10,117 Kg for the State of West Bengal.

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09. It is submitted that it would be quite evident from the above that the State Government is taking all possible steps and measures to comply with the directions of Hon’ble Tribunal relating to the Covid 19 bio-medical waste and Status Report received from the West Bengal Pollution Control Board.”

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We have also perused the affidavit filed by the State PCB annexing a copy of a interim report submitted by the Committee. We may reproduce below the relevant portion of the affidavit setting out the recommendations of the Committee:-

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“04. That the said Committee on 24.11.2020 has submitted an interim report to the State Board, wherein the Committee of Experts has made certain recommendations on interim basis to the State Board. The recommendations are as follows:

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i) The State Board may embark on undertaking both macro and micro level awareness cum advocacy drive

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to highlight the issue in public domain. The macro awareness may include media programmes and advertisements in public media (both audio-visual and print) as well as putting of banner, hoarding and likewise.

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For micro awareness, the same may be communicated as leaflets, posters in various languages to housing complexes, public places like clubs, restaurants, police station etc.; and NGO and CSOs may be used for social communication.

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*ii)*	*State* *Board* *may* *undertake*
	*immediate* *capacity* *building*
	*programme (if required online) for*
	*hospitals* *and* *other* *HCUs,*
	*municipalities* *and* *treatment*
	*facilities* to *ensure* *appropriate*
	*management of Covid waste.*

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iii) State Board may take regulatory actions as per norm for HCUs and other found to violate the Covid waste management rules as promulgated by CPCB from time to time.

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iv) State Board through its PR cell, is requested to list the specific complaints raised in various media about Covid waste from time to time, and undertakes appropriate action as per norm in case of specific complaints as found.

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v) State Board is requested to take up the issue of stationery yellow Covid bins as reportedly set up by KMC and undertake appropriate actions in this regard as per the BMWM Rule and CPCB guidelines.

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vi) State Board may take up the contentious logistic issues related to Covid management with facility providers, particularly about collection and treatment, and settle the key issues as mentioned in ‘Finding’ section.

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vii) There is a need to ensure monitoring and surveillance of Covid-19 waste movement from source to CBMWTF. Accordingly ‘Surveillance Team’ at all ULB level may be formed to oversee the Covid-19 waste handling, collection, transportation, treatment and disposal under the overall guidance of State Board. Such teams may include community representatives, as required from time to time.

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05. The State Board state and submits that they are in the process of taking immediate steps as per the findings of the report. The State Board make the endeavour to take all necessary efforts to comply with the Bio Medical Waste Management Rules 2016 and its amendments in the present pandemic situation in West Bengal. It is further more submitted that the State Board is taking all necessary steps in accordance to the recommendations of the Expert Committee.

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06. That be it mentioned herein, the State Board has already taken action against health care units and an operator of common Bio-Medical waste treatment, storage and disposal facilities by issuing show cause notices & Directions for imposing the Environmental Compensation before the submission of the report by the said Expert Committee on 23.11.2020.

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07. That, State Board vide memo dated 02.12.2020 forwarded a Status Report of Covid 19 waste management in West Bengal upto 30.11.2020 to the Principal Secretary, Department of Environment, Government of West Bengal. ”

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On a perusal of the affidavit, we are satisfied that appropriate steps are being taken by the regulatory authorities under the direction and supervision of the State Government.

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In any case, as observed already, matter relating to macro implementation of the CPCB guidelines is being monitored by the Tribunal in O.A. No. 72/2020 before Court 1 in which the State Government and the State PCB are expected to file their action taken reports regularly.

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In the above circumstances, we do not deem it necessary to proceed further in this matter and is accordingly disposed off.

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S.P. Wangdi, JM

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Saibal Dasgupta, EM

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3^rd December, 2020 O.A. No. 30/2020/EZ avt

Subhas Dattasubhas Datta v. State of West Bengal and Others

Case brief

What is this about?

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Subhas Dattasubhas Datta v. State of West Bengal and Others

Case brief

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