ORDER

1. This appeal has been preferred against order dated 14.01.2022 of the Appellate Authority (Commissioner/Secretary to Government, Forest, Ecology & Environment Department, Jammu), under the Bio-Medical Waste Management Rules, 2016. By the said order, levy of compensation of ₹70,85,000/-, by the State PCB, vide order dated 15.02.2021, has been upheld on polluter pays principle.

2. We have heard the learned Senior Counsel of the appellant and with his assistance gone through the record.

3. The appellant is a Medical College-cum-Hospital along with a nursing institute in private sector. It is running 500 bedded hospital and has MBBS as well as Post-Graduation courses. In the process of its activities, medical and general waste are generated. It has appointed an authorized agency to handle such waste.

4. The State PCB conducted an inspection on 13.09.2012 and found following violations:-

(cid:147)A. Bio-medical Waste Management in the hospital

1. Labeling on the bins at some of the nursing stations was not proper. Label should be prominently visible and wash proof.

2. Present system of final disinfection at the incineration site i.e.

chemical treatment of waste sharps (Cat.4) and solid waste (Cat. 7), may be replaced with Autoclave/Microwave, before shredding, as per specification laid down in the Bio-Medical Waste (Management & Handling) Rules, 1998 with amendments thereof.

B. Incinerator

3. Storage tank for collecting scrubbed water needs to be replaced.

The waste water generated from the air pollution control device shall be properly handled so as to avoid any non-compliance of the regulatory requirements, as per the guidelines.

4. Log book/s for waste being incinerated, disinfected and shredded, should be permanently printed.

5. Present system of quantification of waste should be replaced with a digital weighing machine.

6. Adjacent to the incinerator room, there should be a waste storage area, which is properly ventilated and so designed that the waste can be stored in racks/colour-coded containers.

7. The floor and inner wall of the incinerator and storage rooms should have outer covering of impervious and glazed material, so as to avoid retention of moisture and easy cleaning.

8. Sewage treatment plant for liquid waste has not yet been installed.(cid:148)

5. The appellant gave reply dated 28.01.2013 claiming that remedial measures were taken. This was followed by letter dated 23.03.2013 giving the status as follows:-

(cid:147)PRESENT STATUS  INCINERATION AREA: Autoclave for disinfection of category 4 &

7 waste has been added to replace the previous system of chemical treatment of this category of waste.

 Incinerator area has been made more presentable and functional by affixing glazed tiles.

 A new scrubber tank linked with tiles is being used in place of old tank which had grown obsolete.

 The shredder has been got overhauled to make it more efficient.  RCC Encapsulation tank has been built for the disposal of (cid:145)sharps(cid:146).

 Cement concrete path has been developed around the incinerator for easy movement of the staff.

 The whole area has been landscaped with plantation to make it eco-friendly.

 Digital weighing machine has been provided to weigh the quantum of waste on daily basis and entry of same being done in the newly introduced log book.

 Labeling of collection bins has been done as desired.

 A general waste storage shed has been got constructed with a shutter to rule out any pilferage by rag pickers.

 Regular disposal of general waste is being ensured through a transportation vehicle.

 Genset: Deficiencies pointed out are in process of rectification (Photocopy enclosed).

 STP: the process for provision of this facility is being initiated.

 Plantation of the area around the site of general waste storage and nearby slopes has been done to give the whole area an eco-

friendly look.

It is pertinent to mention here that a few days back a surprise inspection of the hospital campus was conducted by a team from PCB. The mem