Kerala High Court Questions State On Monitoring Of Waste Collection Agencies, Suggests Stronger Audit And CSR Coordination

The Court also suggested better coordination for the dispersal of the Corporate Social Responsibility(CSR) Fund.

The Division bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P. was hearing suo-motu proceedings initiated in the aftermath of Brahmapuram fire, along with connected matters.

The Principal Secretary of the Local Self Government Department (LSGD) appeared virtually to explain the State's monitoring mechanism.

The Court had earlier questioned whether private agencies engaged for waste collection are properly disposing of the same. It had also directed the State to provide a list of agencies involved in the collection, transportation and processing of waste in the State

The counsel appearing for the State submitted that the government has put in place a system of empanelment for waste handling agencies. It was stated that agencies seeking empanelment are required to furnish documents relating to waste collection and processing, while periodic data collection enables authorities to assess the quantity of waste collected and handled.

“It is respectfully submitted that the Sichitwa mission has a mechanism in place to monitor empanelled agencies for the collection and disposal of waste. The empanelled conditions stipulates that the concerned agency possesses pollution control board registration, consent certificate, adequate modern facility, sufficient documents to prove the ownership of vehicles and GPS tracking facilities for the waste collected from the source along with the valid agreement with the end disposal facility. The applicant shall be inspected and verified by the Suchhitwa Mission officials. Empanelment is granted based on the finding of this verification Once the empanelment, the applicant shall also .. in the specified data collection data. In addition, the Suchitwa mission requires all the empanelment entity to submit an annual report on the quantity of waste collected at the end of March of .. year.” the State submitted.

The Bench, however, orally said that while these procedures were already reflected in the records, its concern was whether there was effective monitoring after collection.

The LSGD Principal Secretary informed the court that officials verify whether agencies possess valid processing facilities and maintain agreements with downstream processors, including cement factories where applicable.

“We have a proper empanelment princess, during which a proper verification happens. On a monthly basis, they submit the report… regular .. The regular inspection clause do not cover the facilities.. The facilities are covered during the empanelment process and subsequently randomly in between the year also.. We also check whether there is a proper agreement that is being executed between the facility that is collecting the waste and the local body and transporting it… then a forward linkage with the supplier” the Principal Secretary submitted.

The Secretary pointed out the details of such end-to-end arrangements, including agreements with processing facilities that are required to remain valid for at least two years.

According to the State, the government also attempts to track waste movement through GPS-based monitoring and periodic inspections. However, the Principal Secretary acknowledged that monitoring remains challenging, particularly because of unauthorised operators and illegal dumping.

The Bench orally questioned whether the existing regulatory framework was sufficient, observing that agencies receive payments for collecting waste and that the government must ensure the waste is actually processed instead of being dumped elsewhere.

“do you think some sort of audit is due?.. Your affidavit says that you do it at the time of empanelment.. You have these agencies coming and collecting waste from individual households, from hospitals, various other sources which generates the waste...should it not then require a monitoring by the Government, Suchitwa Mission, to see what exactly these people are doing with the waste,” the Court said.

The court suggested that the State can consider conducting some form of audit of empanelled agencies. It said that if agencies collect user charges without scientifically treating or disposing of the waste, substantial amounts of money could be collected without achieving the intended environmental objectives.

The Court also mentioned about the continued dumping of waste along the road connecting Willingdon Island and Maradu, despite the presence of major public sector and industrial establishments such as BPCL.

It suggested that the State Government may explore using Corporate Social Responsibility (CSR) funds from nearby companies to develop and maintain the area, including pedestrian facilities, while addressing waste dumping.

The Secretary informed the court that one of the State's biggest challenges is the shortage of empanelled agencies and inadequate waste processing infrastructure, particularly for bio-waste. She said the continued operation of unempanelled collectors contribute significantly to illegal dumping.

The State also highlighted persistent public opposition to establishing waste management facilities. “We are literally begging for land.. The public want clean surroundings.. But the moment we set up a facility they protest,” Secretary added.

She further submitted that weekly monitoring meetings are being held to address these issues.

“How to prevent dumping, I do not have a direct answer right now because we have been thinking about it for along now.. The Haridakarmasena are able to collect and transfer to recovery facilities.. and from there on we are tying up a disposal facility,” she submitted.

Meanwhile the Court also sought an update on the government's proposal to establish decentralised waste treatment plants across the State directing it place the latest status by the next hearing. 

"We understand, the government has changed, the officers have changed.. But there must be continuity as far as this is concerned. We have been told that, land has been identified. The government is taking of putting up decentralised plants across the State. I think they have identified six places. Tell us by the next hearing," the court said.

The Bench further suggested that the State consider constituting a mechanism to coordinate with companies having CSR obligations so that corporate funds could be channelled towards public infrastructure and environmental projects. 

The Principal Secretary informed the court that a State-level waste management committee already exists and assured the Bench that the suggestion regarding CSR coordination would be placed before the appropriate committee for consideration.