- (1.)This matter came up before this Bench on 13-2-2014 when it was noticed that in spite of order passed by this Court in Research Foundation for Science, Technology and Natural Resource Policy v. Union of India and Ors., 2012 6 SCALE 253containers referred to in paragraph 16 of the SCALE Report [paragraph 43 of 2012 (7) SCC 769] were lying without incineration. We were informed on that date the number of containers containing waste oil and various other waste materials were 212. We are also informed that analysis of the samples from these containers was obtained way back on 8-5-2007 and still no action was taken to dispose of those hazardous materials. We therefore directed necessary affidavits to be filed stating as to what steps are going to be taken with respect to the incineration of these waste materials. Subsequently, the matter came up on 18-2-2014 when certain affidavits were filed but the information was not complete and therefore, we directed a report to be filed by Ms. Seema Jere Bisht, Commissioner of Customs (Import), Mr. Arvind Pradhan, Manager (Traffic), JNPT and Dr. Yeshwant Sontakke, Regional Officer of the Maharashtra Pollution Control Board at Navi Mumbai. They were also asked to take assistance from Dr. D.B. Boralkar and Dr. Claude Alvares both experts in the field as suggested by Mr. Sanjay Parekh, Learned Counsel appearing for the Petitioner. Now a report has been submitted, as directed, along with the affidavit of Ms. Seema Jere Bisht. This report records that in the near vicinity of JNPT, only one agency is available for incineration, namely Mumbai Waste Management Ltd., situated at Plot No. P-32, MIDC Taloja, Tal, Panvel, District Raigad. It is at a distance of 30 Kilometres from the area where the goods are kept. The agency has also agreed to accept the rate as suggested by the Commissioner of Customs which is in tune with the relevant rules. The suggested rate for disposal of waste oil is Rs. 14.80 per Kg. including collection, transportation and unloading charges. As far as non-ferrous metallic hazardous waste is concerned, the charges for disposal are Rs. 3.75 per Kg. for all purposes. The responsibility for transportation and all precautions, etc., will be of the concerned agency. Therefore, as the affidavit states in paragraph 6, the Committee uniformly decided that this particular agency be preferred for the purpose of incineration.
(2.)Mr. Vijay Panjwani, Learned Counsel appearing for the Central Pollution Control Board has drawn out attention to The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, and particularly Rules 4, 5 & 6 thereof which lay down the procedure for handling hazardous wastes. We expect the agency to follow these rules which are statutory rules. They shall also comply with the rules which are framed for the protection of the employees who work in these hazardous procedures. The Committee has recommended following modalities for destruction and final disposal of the hazardous wastes other than waste oil:
Modalities of destruction and final disposal

18. The following procedure shall be followed for the waste oil consignments:

(a) An MPCB Officer and CFS representative shall be deputed to supervise the loading of the containers and or de-stuffed barrels/drums/materials in transport vehicles authorized by MPCB as per Hazardous Waste (MH & tm) Rules, 2008.

(b) The manifest documents as required under Form 13 Rule 21(1) of the HW Rules, 2008 shall be followed and additionally will be countersigned by the representative officers of the MPCB and CFS.

(c) The transporter will be strictly responsible and liable for the safe transportation of these wastes to the disposal site and follow the procedure of transport safety, insurance and good condition of vehicles, etc., as per the HW Rules, 2008.

(d) On reaching the CHWTSDF (Common Hazardous Waste Transport, Storage, Disposal Facility), CHWTSDF operator shall issue the acknowledgment to CFS and MPCB as per HW Rules. CFS shall submit a daily report to the Asst. Commissioner of Customs i/c of Disposal Section. A copy will also be put up online for monitoring by all concerned agencies.

(e) The CHWTSDF operator shall be bound to carry out the treatment and disposal of the waste in compliance of conditions laid down by the MPCB in its combined consent and authorization granted to the operator. Additionally, the MPCB will depute one officer to supervise the disposal by CHWTSDF and keep a record, which shall be submitted to MPCB (as has been done in case of 133 containers incinerated earlier). CHWTSDF will send a copy of the manifest to CFS/Customs and MPCB. The MPCB shall verify the first and last Manifest, so that the cycle is complete.

Hazardous wastes other than waste oil

(a) In the case of non-ferrous metallic and other wastes which are recyclable as per Schedule 4 of the HW Rules, 2008, they will be auctioned by the respective CFSs/Custodian. Only those recyclers who are registered with MPCB as per the procedure laid down in Rule 8(1) and Rule 9 of the HW Rules, 2008 for the wastes listed in Schedule 4, will be allowed to participate in the auctions.

(b) As for the non-ferrous and other wastes which are prohibited/banned for export and import and not suitable for recycling, these shall be sent to CHWTSDF, Taloja for treatment and disposal as per the procedure laid down in HW Rules, 2008. (This is also in accordance with the earlier direction of the SCMC to JNPT in its letter dated 18-5-2005).

(c) The list of the containers other than waste oil such as metallic and other wastes based on their mode of disposal is enclosed herewith and marked as Annexure-3.

(d) Entire operation shall be done under the supervision of MPCB as was done earlier in the case of incineration of 133 containers. Fortnightly progress report shall be prepared/obtained by MPCB and submitted to JNPT and Customs for information.

(3.)We are informed that the whole process will take about 60 days. The aforesaid report is accepted. The agency is expected to follow the guidelines, as mentioned above.