Strict enforcement of Bio-Medical Waste Management Rules, 2016 mandates timely authorizations, penalties for non-compliance, and ensures no gaps in waste treatment by HCFs and CBWTFs.

ORDER

1. This Original Application was registered in exercise of suo-moto jurisdiction on a letter petition dated 28.01.2022, sent by Rajesh Kumar son of Kishan Lal, resident of H.No. M3/538, S.D. School Wali Galim Guru Ram Dass Nagar, Tehsil and District Amritsar, (State of Punjab), complaining that hospitals situated in Pathankot, particularly in the areas mentioned in Annexure-A to the letter petition, are illegally and unscientifically disposing of bio medical waste on streets, roads and vacant land in violation of Bio Medical Waste Management Rules, 2016 (hereinafter referred to as ‘BMWM Rules, 2016’), and causing health hazard and damage to environment.

2. Initially, Tribunal thought it expedient to obtain a Factual Report and constituted a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), Punjab State Pollution Control Board (hereinafter referred to as ‘PSPCB’), Municipal Corporation, Pathankot and District Magistrate, Pathankot. The Committee was required to submit report within four weeks.

3. Pursuant to order dated 20.04.2022, Joint Committee submitted its Report vide email dated 18.08.2022. Report shows that random visit was conducted by Committee at various hospitals in Pathankot on 14.07.2022 and Common Bio Medical Waste Treatment Facility (hereinafter referred to as ‘CBWTF’) operated by M/s Bio Medical Waste Treatment Plant Pvt. Ltd., Village Pangoli, defence road, Pathankot. The observations made by Joint Committee pursuant to above inspection read as under:

4.0 Salient Observations: 1. The committee carried out random Survey of 08 Health Care Facilities (HCFs) located at Pathankot.

The Committee verified the status of :-

(i) Segregation at the point of generation of waste in colour coded containers

(ii) In-house transportation of BMW 

(iii) Temporary storage of BMW within HCFs

(iv) Records of waste generation and housekeeping.

(v) Status of agreement with Common bio-medical waste treatment facility (CBWTF)

(vi) Status of Authorization BMW Rules, 2016.

2. During visit, committee observed that HCFs have requisite facilities for handling the biomedical waste generated and these were found satisfactory.

3. The committee observed that Hospitals have provided posters/placards for bio- medical waste segregation in all the wards and temporary waste storage areas.

4. As informed by the representatives HCFs the bio-medical waste is collected on daily basis from all the wards at a fixed interval of time. Dedicated staff along with supervisor for in-house collection and management of the same have been engaged.

5. On the day of inspection, the committee observed that each bag of biomedical waste at the temporary storage area of health care facilities was provided with bar code label for tracking of the same according to the CPCB guidelines.

6. The records provided by HCF operators and bar code generated receipts indicate collection time along with quantity of different category of wastes with colour coding. The bio-medical waste generated from hospitals is lifted daily by the CBWTF for final disposal. O. A. No. 186/2022-4- Rajesh Kumar Vs. State of Punjab

7. Based on the petitioner’s complaint, the committee visited the backyards of the hospitals/Diagnostic centres and its surrounding solid waste collection area to check any illegal and unscientific disposal of biomedical waste. During visit, no bio medical waste was found dumped in these areas.

8. During visit, committee checked thep general waste containers of the hospitals to verify if there was any disposal of bio medical waste mixed with general waste. No bio medical waste was found mixed with general waste. The representatives informed that general waste is lifted by Municipal Corporation, Pathankot and is disposed off as per th