'Brahmapuram Fire Indicator Of Lurking Disasters': Kerala High Court To Monitor Implementation Of Solid Waste Management Rules

The Kerala High Court on Tuesday declared that it would be monitoring the implementation of the Solid Waste Management and Handling Rules, 2016 in the state. The court was hearing the suo motu proceedings initiated by it in the wake of the fire at the Brahmapuram Solid Waste Management Plant. The division bench of Justice S.V. Bhatti and Justice Basant Balaji ordered that the first phase of the implementation of the Rules in the State shall consist of collection, segregation, handling and handing over solid waste generated as per the Rules. The court directed the District Collectors to file the first action taken, and compliance report through the Additional Chief Secretary, Local Self Government Department, Sharadha Muraleedhar, by April 3. It clarified that the first phase would commence from today. It said the second phase, which would commence on April 12, would involve court monitoring of the imposition of fines and penalties on the violators of the Rules by the District administration. The Court said that the same would be done subject to the remarks of the Additional Chief Secretary regarding the performance indicators by the stakeholders including Local Self Governments and/or their constituents. As regards the third phase which involves the option for recovery of compensation under Section 30 of the Water Act or the 'polluter pays principle' from the Local Self Government and the Polluter or the individuals found responsible for implementing Rules 2016, as well as the initiation of prosecution against the erring Secretaries of Municipal Corporations/ Municipalities/ Gram Panchayats, the court said that no start or end dates had been specified for the implementation of the third phase since the court was confident that it would not be pushed to initiate prosecution. "We are not interested in prosecution, unless we are compelled to direct that," it observed.The court, however, added that in case of prosecution, it would consider requesting the Chief Justice to designate or notify one Magistrate Court in each district for prosecuting the offences committed under the Environment Law.It earlier said that both the civil and criminal liability of the Public-Private Partnership facilities would be fastened on the Local Self Governments and its agents, which is the Operator, for violation of Environment Protection Act, Rules 2016 and Act 2005. It added that the Local Self Government and its Administrators/Officers would be made responsible for the obligations and consequences envisaged under Rules 2016. The court also cautioned that the future Public-Private Partnership for managing municipal solid waste facilities shall be designed, and established only with the prior consultation and approval of the District Level Disaster Management Committee. It said that the same was because any failure or breakdown in that regard would result in some form of disaster. Taking note of the faulty drafting of the contract for which the Corporation had earned the ire of the Court earlier, the Court specifically stated during the hearing today that if anyone sanctions unauthorized contracts, they would do so at their own risk. It cautioned the Secretary of the Cochin Municipal Corporation, Babu Abdul Khader, not to be a signatory to the same, and also not to sanction further amounts unless it had been brought to the attention of the Court. Strategy For Implementing Solid Waste Management Rules 2016The Court today called for the implementation of the Rules, 2016 in two categories - firstly, at the Bramhapuram site together with the Districts of Ernakulam and Thrissur as a single category, and secondly, in the remaining 12 districts of the State as another category, on noting the "lamentable" state of implementation of the Rules in the State. Thus, in a bid to improve the situation in the State, the Court directed that the suo motu proceedings would concentrate upon the inspection of the Solid Waste Disposal facilities established and operated by all the local bodies in the State by the competent agencies/ departments under the Rules, including the District Level Disaster Management Committee, in order to assess facilities, and identify the deficiencies as well as recommend measures for modernization. The court also clarified that the aim of the suo motu proceedings would be to ensure that the Management System at the facilities are entrusted to competent officials with adequate manpower. It emphasized that it would also direct its focus towards the necessity for revision of the existing protocol for waste management, including segregated collection and processing, as well as the layout of the processing yard, along with transportation and storage facilities.The bench also said that it intends to call upon the local bodies to educate the civic population regarding proper waste management, including waste processing at its origin, and proper segregation of biodegradable, non-biodegradable waste, as well as hazardous wastes...

'Brahmapuram Fire Indicator Of Lurking Disasters': Kerala High Court To Monitor Implementation Of Solid Waste Management Rules

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