Micro composting centres processing under 5 TPD are exempt from authorizations; decentralized waste management upheld if compliant with site-specific SOPs to mitigate odour nuisance near residences, subject to regulatory inspections.

ORDER

1. Original Application No.19/2024/PB “Sarat Chandra & Ors. -versus- State of Odisha & Ors.” was registered by the New Delhi Bench of the Tribunal on the basis of a letter petition made to the Tribunal by Sarat Chandra & Others.

2. The relevant part of the letter petition enumerating grievances of the applicants is reproduced as follows: -

X X X X

“We, the residents of Buxi Jagabandhu Bidyadhar Nagar (BJB Nagar) do bring it to your kind notice that a Micro Composting Centre has been established adjacent to Plot No.D-28 and in front of Plot No.E-9, but the residents of the entire locality and the persons having a thoroughfare in the said road are badly affected along the people living near vicinity with the fetid smell which creates severe environmental and health hazards including that of adverse effect on the physical and mental development of the children, elderly people. That few of the chemicals used therein also creates/impacts health associated ailments/diseases and disorder adverse to human beings. That, it has been very difficult to live in the said vicinity. That surprisingly in most of the places this sort of activities have never been done and has been set up near a residential area.

The said centre was set up by encroaching the land designated for a park by the State Government wherein half of the area has been taken away to set up the said composting centre. The park was set up for the recreational activities for the residents, which has been snatched away without any reason thereby depriving the residents of their welfare.

That, it is not out of place to mention that though there was ample vacant space for setting up the composting centre elsewhere, but a large-chunk of land which was used for the park has been encroached for setting up the micro composting centre.

That, Rule No.15(y) of the Solid Waste Management Rules, 2016, states that setting up waste processing, treatment or disposal facility, if the volume of waste exceeds certain metric tons per day including sanitary landfills it is necessary to obtain Authorization from the respective State Pollution Control Board or the Pollution Control Committee, which has not been adhered to. That in addition to Solid Waste Management Rules, the other law governing or for which necessary sanction / permission has to be obtained, has not been complied with. That as per Municipal Solid Waste Management Rules, 2016, such unit has to obtain Authorization and Consent for its operation under Water Act & Air Act from the State Pollution Control Board, which has been deviated from.

That the above micro composting centre is located nearer (within 5 meters) to the residential buildings and the composting activity causing nuisance to the nearby residents due to foul smell and flies which is not at all tolerable. That the residents are not able to open the doors and windows.

That, further the above micro composting centre does not maintain the required hygienic conditions which creates severe health hazards to the residents of the locality.

That, we the residents of the locality, request that the authorities by virtue of our joint application to close the said micro composting centre immediately and-shift it to-some faraway place not within_any_residential area with immediate effect. That the wastes from the residential houses are collected by transportation which can be done even if the composting plant is shifted without any hindrances or obstacles.

That immediate action in the said matter would be highly appreciable, an