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The details of the case may kindly be perused in the note of AEE.
Earlier, CTE application of the project proponent was returned with the following remarks:
1. That the Board cannot proceed further in the present case as the matter in larger purview is sub-judice before the Hon’ble Punjab and Haryana High Court.
2. The Board cannot consider and grant NOC/ authorization to set up the facility at new location for enhanced capacity of 14.4 TPD.
Thereafter, the project proponent has applied for obtaining fresh consent to establish (NOC) from pollution angle to install a Common Bio-Medical Waste Treatment Facility at Plot No. A-8A &C-79A, Industrial Focal Point, Chanallon, Kurali for all categories of Non-Incinerable & Incinerable Bio-Medical Waste @ 14.4 MTD covered under the BMW Rules, 2016 and same was processed through OCMMS.
Comments of the EPA Cell were taken and same are as under:
1. Though as per the gap analysis report, 08 more CBWTFs are required to be established by year 2032 but neither the Expression of Interest has been issued nor the locations for the new CBWTFs have been finalized by the PPCB.
2. The project proponent has submitted a new application for obtaining Consent to Establish at new location i.e. Focal Point, Chanalon, Kurali, Mohali. CPCB has issued revised guidelines for development of new common bio-medical waste treatment facilities in year 2016. In the said guidelines, no reference has been made regarding the shifting of the existing CBWTF. As such, this facility to be treated as new CBWTF for which no expression of interest has been issued by the Board.
3. Any facility which is allowed to be setup have to be complied with the latest rules/guidelines issued by the CPCB for the CBWTFs.
4. Moreover, Regional Office, Mohali informed as under:
i. The facility is already operating a CBMWTF under the name &style of M/s Rainbow Environment Pvt. Ltd. at Vill. Baliyali, Teh. Mohali, Distt. SAS Nagar, which is located at an aerial distance of approx. 17 km from the proposed CBMWTF site. The facility has already installed 02 no. incinerator at the existing site of capacity65 Kg/hr & 150 Kg/hr.
Therefore, the common facility is required to de-commission the old unit before commencing operations of the proposed unit with suitable transition period (not more than 1month).
ii. The facility has submitted an undertaking that they will install standby machinery of same capacity @ 7.655 T/day, as per the revised guidelines for setting of CBMWTF facility by CPCB as per para no. 3 (b) (a) in year, 2016. The facility shall operate only single line of machinery at a time and standby machinery shall be utilized in case of break down problem.
From the above, it is evident that CBWTF has proposed to increase its treatment capacity from
4.3 TPD to 7.65 TPD.
Accordingly, EPA Cell has proposed as under:
a. NOC application for establishment of new CBWTF may be returned as the new expression of interest yet to be issued with the approval of the Government and locations of the new CBWTFs has yet to be finalized.
b. An in-house meeting of senior officers of the Board may be convened to decide as to whether shifting of the existing CBWTF with increasing capacity along with the standby arrangements maybe allowed to set up at the new location without calling Expression of Interest or not.”
Thereafter, the application of the project proponent was returned as per approval of the Competent Authority of the Board.
Now, the project proponent has again applied for obtaining fresh consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for installation of a Common Bio-Medical Waste Treatment Facility (CBWTF) at Plot No. A-8A &C-79A, Industrial Focal Point, Chanallon, Kurali for all categories of Non-Incinerable & Incinerable Bio-Medical Waste @ 7.655 T/day covered under the BMW Rules, 2016.
It is further submitted that the project proponent has filed CWP no. 2115 of 2024 before the Hon’ble Punjab and Haryana High Court. The case was listed on 06.02.2024, wherein, following order were passed by the Hon’ble High Court:
“The sole argument raised by learned counsel for the petitioner is that the hearing given on 18.12.2023 was never for the purpose of collection and transportation of bio- medical waste which had been permitted vide order dated 10.07.2023 (Annexure P-42). The hearing which was given on 18.12.2023 was in pursuance of the directions issued by this Court on 17.11.2023 in CWP-25893-2023 filed by the petitioner itself which was regarding the curing of the inadequacies in the CBMWTF. The requisite application (Annexure P-48) was only moved thereafter on 22.12.2023 for the purposes of collection and transport which the petitioner is pressing. Therefore, reliance is made accordingly upon Rule 10(2) of the Bio-Medical Waste Management Rules, 2016 that an opportunity of hearing is to be given to the applicant before refusal of authorization.
Keeping in view the controversy as such, we are of the considered opinion that let respondent No. 2 – Punjab Pollution Control Board (PPCB), Patiala file an affidavit within a period of 10 days as to how it proposes to collect the bi-medical waste which exercise is being done by the petitioner at this point of time and being transported to various centers across the State of Punjab as far as Sri Muktsar Sahib and Pathankot which would be clear from the order dated 10.07.2023.
In the meantime, till the next date of hearing, the petitioner be allowed to continue to operate as per the authorization dated 10.07.2023. As prayed, list on 19.02.2024.”
Reply is being prepared by Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar to file the same before the Hon’ble Court before or on 19.02.2024.
It is further submitted that as per observation of EPA cell in the earlier consent to establish (NOC) application no. 20096146 dated 20.10.2022, it has been mentioned that (Vide note dated 02.01.2023):
The project proponent has submitted a new application for obtaining Consent to Establish at new location i.e. Focal Point, Chanalon, Kurali, Mohali. CPCB has issued revised guidelines for development of new common bio-medical waste treatment facilities in year 2016. In the said guidelines, no reference has been made regarding the shifting of the existing CBWTF. As such, this facility to be treated as new CBWTF for which no expression of interest has been issued by the Board.
In view of the above, E.E, Regional Office, SAS Nagar has recommended that consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be refused to the project proponent.
From the above, it is evident that the the NOC application was earlier returned to the project proponent keeping in view the opinion of the EPA Cell as mentioned above. Furthermore, the project proponent has filed CWP in the Hon'ble Punjab and Haryana High Court and next date of hearing is fixed for 19/2/2024. Also, the Board has already directed the project proponent to comply with the provisions of notified Master Plan of SAS Nagar notified by the Department of Town & Country Planning, Punjab vide notification no. 9650CTP(Pb)SC-76 dated 12/16.12.2008 and shift plant and machinery of the old existing CBWTF from the present location immediately. Thus, this is a peculiar type of case.
Before taking any further action in the matter, it is recommended that a legal opinion in the matter may be obtained from the SLO of the Board before deciding NOC application of the project proponent for establishment of Common Bio-Medical Waste Treatment Facility (CBWTF) at Plot No. A-8A &C-79A, Industrial Focal Point, Chanallon, Kurali for all categories of Non-Incinerable & Incinerable Bio-Medical Waste @ 7.655 T/day, please.
Also, E.E, Regional Office, SAS Nagar may be asked to depute concerned AEE to visit O/o of SLO and apprise the matter so that legal opinion in the matter can be obtained timely.
Competency: Worthy Chairman
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