MUNICIPAL SOLID WASTES MANAGEMENTshodhganga.inflibnet.ac.in/bitstream/10603/76685/11/11...107 CHAPTER-IV MUNICIPAL SOLID WASTES MANAGEMENT 4.1 Introduction Today, solid waste has emerged

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CHAPTER-IV

MUNICIPAL SOLID WASTES MANAGEMENT

4.1 Introduction

Today, solid waste has emerged as a major environmental concern from local

level to global level. At the household level, people discard off their waste in an improper

manner. The method of collection, segregation and transportation of wastes are not up to

the mark and has resulted in creating unhygienic conditions in surrounding environment.

Management of Municipal Solid Waste (MSW) is of immediate importance in urban

areas, especially in the rapidly urbanizing cities of the developing world. Most

governments have acknowledged the importance of municipal solid waste management.

However, rapid population growth overwhelms the capacity of most municipal

authorities to provide even the most basic services.

According to United Nations Development Programme survey of 151 mayors

of cities from around the world, the second most serious problem that a city faces

(after unemployment) is insufficient solid waste disposal1. Generally two-thirds of the

solid waste generated is not collected. The uncollected waste is dumped indiscriminately

in the streets and drains, contributing to flooding, breeding of insects, rodent vectors and

thus spreading of diseases. Often waste collected is disposed off in uncontrolled

dumpsites or burned, polluting water resources and the air.

A number of Indian cities adopt the practice of dumping of wastes in open landfill

sites. The land for this purpose is becoming difficult to obtain and most of the existing

sites have reached the limits. The legal and illegal dumps are chocking the land mass and

rising the heights of landfill sites. Since the last fifty years, dumping sites in Indian cities

have occupied as much space as 20,000 hectares2. In New Delhi 16 landfills sites have

filled up already and existing sites (Bhalswa, Gazipur and Okhla) have reached saturation

1 Da Zhu, P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 1 (The InternationalBank for Reconstruction and Development / The World Bank: Washington DC, 2008).

2 Gupta, Rakhi, “Decentralized Model of Domestic Solid Waste Management: A Case Study of KarkeshNagar, New Delhi”, Spatio Economic Development Record, Vol.5, No.3 (May-June 1998).

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point and are over flowing. About 95 per cent of the waste is being disposed off at the

landfills sites, remaining five per cent only go to the process.

There are potential risks for human health and environment from inefficient

collection and unscientific disposal of municipal solid waste. Direct health risk expose

mainly to the sanitary workers and rag pickers. By working in the most unhygienic,

unsafe and vulnerable environment, rag pickers are really providing a great unthankful

service to the society at the cost of their life. For the general public, the main risks to the

health are indirect and arise from the breeding of disease vectors causing the transfer of

pollution to water, air and land resources.

There are three main components (collection, transportation and disposal) of

waste management and these three lacked in terms of infrastructure, maintenance and

upgradation. The weakest link in the whole chain of management is the collection of

waste. Infrastructure related to garbage collection and disposal is not as per their

requirements, which further aggravate the problem. Urban local bodies, which are

entrusted with the responsibility of garbage disposal, are not in position to perform their

duties because of weak institutional and financial constraints. Lack of appropriate space,

funds and adequate technical knowhow are other bottle necks.

The problems of solid waste disposal are compounding every day as amount of

waste generation is increasing and area available for dumping is shrinking. Neither, the

waste generation can be stopped completely nor the given space can be enhanced.

Landfill sites are overflowing, insanity conditions are prevailing near open sites, stray

animals and rag pickers roaming around the waste receptacles. Non collection of garbage

becomes breeding ground for vectors, rodents, mosquitoes, flies and pathogenic micro

organisms posing severe health hazards3.

Today the composition of municipal solid waste has changed in such a manner

that a major proposition of the waste is composed of non-biodegradable materials.

The present system of recycling of plastic, glass, metal, paper etc., is largely informal.

This category of waste can be recycled or disposed off through special processes. Due to

these reasons, the task of handling solid waste becomes a highly specialized managerial task.

3 Subhash Anand, Solid Waste Management, 6-7 (Mittal Publications: New Delhi, 1st Edn., 2010).

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Environmental degradation of urban ecosystem and the growing awareness of the

people will put more and more pressure on municipal authorities to find out sustainable

solution to the acute problem. Sustainable solid waste management requires not only

efficient collection, proper disposal but also waste reduction, reuse, recycle and resource

recovery. The important aspects which require priority are to improve the management

and organizational capability and enhance people’s participation and the handling of

waste in appropriate manners. The overall goal of the waste management program must

be for waste minimization, maximization of resource recovery and protection of

environmental quality. Today, there is a need to adopt proper waste management

techniques which would be cost-effective, scientifically better, technically sound,

financially viable, aesthetically beautiful, environmental friendly and socially acceptable

to people.

4.2 Concept of Solid Waste

Waste arises during all human activities such as production, distribution,

consumption and even leisure. A society receives energy and raw materials as inputs

from the environment and generates solid waste as output to the environment.

4.2.1 Waste

The term waste connotes a material of negligible value together with a desire to

discard it from its original environment. The material items which are generated at the

houses and discarded from different other places that no longer need or do not have any

further use and tend to throw them away may be termed as waste.

According to Basel Convention of the United Nations Environment Programme,

wastes are “Substances or objects which are disposed of or are intended to be disposed of

or are required to be disposed of by the provisions of national law”4.

United Nations Statistics Division (UNSD) of the United Nations Environment

Programme defines wastes as, “Waste are materials that are not prime products (that is

products produced for markets) for which the generator has no further use in terms of

4 Baker, Elaine et al., Vital Waste Graphics, 6 (United Nations Environment Programme: Nairobi,Kenya, 2004).

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his/her own purposes of production, transformation or consumption and of which he/she

wants to dispose. Wastes may be generated during the extraction of raw materials, the

processing of raw materials into intermediate and final products, the consumption of final

products and other human activities. Residual recycled are reused at the place of

generation are excluded”5.

Environmental Encyclopaedia defines waste as “When any material exhausted off

its utility capacity and causes a problem due to its aesthetic and environmental reason is

considered as waste”.

Waste is defined as “Any material that is not useful and does not represent any

economic value to its owner, the owner being the waste generator”6.

4.2.2 Solid Waste

Solid waste can be defined as “non-liquid material that no longer has any value to

the person who is responsible for it. The words rubbish, garbage, trash or refuse are often

used as synonyms when talking about solid waste”7.

Florida Public Law defines solid waste as “Sludge unregulated under the Federal

Clean Water Act or Clean Air Act; Sludge from a waste treatment works, water supply

treatment plant, or air pollution control facility or garbage, rubbish, refuse, special waste or

other discarded material, including solid, liquid, semi-solid or contained gaseous material

resulting from domestic, industrial, commercial, agricultural or governmental operations”8.

Resource Conservation and Recovery Act of US defines “Solid waste means any

garbage or refuse; sludge from a wastewater treatment plant, water supply treatment

plant, or air pollution control facility; and other discarded material, including solid,

5 M.S Bhatt and Asheref Illiyan, Solid Waste Management - An Indian Perspective, 150 (Synergy BooksIndia: New Delhi, 1st Edn., 2012).

6 Available at: http://www.seas.columbia.edu/earth/wtert/sofos/velasco_thesis.pdf, (visited on 10.09.2014).7 Da Zhu,P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving Municipal

Solid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 3 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

8 Available at, https://www.flrules.org/gateway/RuleNo.asp?title=SOLID%20WASTE%20MANAGEMENT%20 FACILITIES &ID=62-701.200, (visited on 10.09.2014).

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liquid, semisolid, or contained gaseous material resulting from industrial, commercial,

mining and agricultural operations and from community activities9.

Cointreau (1982) defined, “solid waste as organic and inorganic waste materials

produced by households, commercial, institutional and industrial activities, which have

lost their value in the eyes of the first owner”10.

4.3 Classification of Solid Waste

Solid waste is usually categorized as per their sources, composition, processing

potential and environmental consideration. A general classification is:

“Household wastes” derived from residential neighbourhoods is the largest

component of urban solid waste. It consists of a large number of various elements

difficult to separate such as food and garden waste, paper, plastic cardboard, glass,

leather, old clothes, furniture, vegetable peach, egg shells, newspaper and magazines.

“Commercial wastes” consists of shops, restaurants, hotels, business establishment,

market wastes varied in totally but each specific sources may have only one type of waste

material.

“Institutional wastes” generate from government offices, religious centres’,

schools, colleges, universities. Generally it contains a large amount of paper and other

light material.

“Hospital wastes” is produced during diagnosis, treatment or immunization of

human beings and in research activities and testing of biological. It includes sharps,

disposables, anatomical waste, discarded medicine, chemicals. These are in the form of

disposable syringe, bandages, fluids, human excreta etc. This type of waste is highly

infectious and can be a serious threat to human health if it is not managed in proper and

scientific manner.

“Industrial wastes” derived from enterprises such as packing materials, leather

products, wool and textile factories and assembly enterprises for imported goods. This

9 Available at, http://www.epa.gov/agriculture/lrca.html, (visited on 10.09.2014).10 Available at, http://shodhganga.inflibnet.ac.in/bitstream/10603/4180/7/07_chapter%201.pdf, (visited

on 10.09.2014).

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waste tends to be specific to the city concerned and linked to local natural resources

forming the basis for local industry.

“Non-Biodegradable wastes” are those materials which cannot be degraded,

which require artificial means of processing to reduce its amount and are not perishable.

It includes papers, cardboard, packing, pouches cassettes, computers disc, printer

cartridges, discarded clothes, furniture and equipments, light bulbs, tube lights, paints etc.

“Bio-degradable wastes” includes those wastes which reduce biologically, such as

food waste, flowers, fruit waste, garden waste, kitchen waste etc.

“Compostable wastes” are those wastes on which the micro-organisms can feed

and reduce the quantity with the help of biological processes. Such wastes can act as

good nutrient fertilizers for vegetative cover without disturbing the eco-system.

“Combustible wastes” includes those materials which can be burned downed or

inflamed in order to properly dispose them off although the residue remains of very small

percentage is left behind and can be mixed with the soil.

“Inert wastes” includes the wastes, which does not react with any chemical

composition and hence retain their present nature of composition, even, if they all

dumped in to the soil or set ablaze11.

4.4 Municipal Solid Waste

The term “municipal solid waste” refers to solid waste from houses, streets and

public places, shops, offices and hospitals. Management of these types of waste is most

often the responsibility of municipal or other governmental authorities. Although solid

waste from industrial processes is generally not considered municipal waste, it nevertheless

needs to be taken into account when dealing with solid waste because it often ends up in

the municipal solid waste stream12.

The term “municipal solid waste” includes the waste stream for the areas of

residential, commercial, institutional, industrial and construction. However, the definition

11 Subhash Anand, Solid Waste Management, 90-91 (Mittal Publications: New Delhi, 1st Edn., 2010).12 Da Zhu,P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving Municipal

Solid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 3 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

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varies greatly among waste studies and some sources are commonly excluded such as

industrial and hazardous waste often, only residential refuse is considered as municipal

waste. Generally, municipal solid waste is a heterogeneous mixture of paper, plastic,

cloth, metal, glass and organic matter etc., generated from various sources.

According to Section 3 (xv) of the Municipal Solid Wastes (Management and

Handling) Rules 2000 “Municipal solid waste” includes commercial and residential

wastes generated in municipal or notified areas in either solid or semi-solid form

excluding industrial hazardous wastes but including treated bio-medical wastes13.

According to the World Bank 1994, municipal solid waste includes refuse from

the institution, market waste, yard waste and street sweepings. The street waste is also

included in the municipal solid waste.

According to Municipal Corporation Delhi, municipal solid waste consists of

household waste, construction and demolition debris, sanitation residue and waste from

streets; this garbage is generated mainly from residential and commercial complexes.

Municipal solid waste is defined as any waste generated by household, commercial and

institutional activities and is not hazardous14.

The volume of municipal solid waste generated per person is generally much

higher in wealthy industrially developed urban areas, than the poorer rural areas.

High income countries generate 300 to 1000 kg’s waste per person each year while low

income nations generate between 100 to 200 kg’s per person per year. Municipal solid

waste comprises two types of materials, refuse and thrash. Refuse includes garbage and

rubbish. Garbage contains highly decomposable food waste. Rubbish contains mostly

dry, non-putrescible items such as glass, rubber, metals and slowly decomposable or

combustible materials such as paper, textiles or wood objects. Trash includes bulky waste

materials that generally require special handling15. Table 4.1 shows the “classification of

materials comprising municipal solid waste”.

13 Available at: http://www.moef.nic.in/legis/hsm/mswmhr.html, (visited on 11.09.2014).14 Available at, http://www.seas.columbia.edu/earth/wtert/sofos/velasco_thesis.pdf, (visited on 10.09.2014).15 Subhash Anand, Solid Waste Management, 92-93 (Mittal Publications: New Delhi, 1st Edn., 2010).

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TABLE 4.1

Materials Comprising Municipal Solid Waste16

Component Description

Food Wastes

The animal, fruit or vegetable residues (also called garbage) resultingfrom the handling, preparation, cooking and eating of foods. Becausefood wastes are putrescible, they will decompose rapidly, especiallyin warm weather.

Rubbish

Combustible and non-combustible solid wastes excluding food wastesare other putrescible materials; typically, combustible rubbish consistsof materials such as paper, cardboard, plastics, textiles, rubber,leather, wood, furniture and garden trimmings. Non-combustiblerubbish consists of items such as glass, crockery, tin cans, ferrous,non-ferrous metals, dirt and construction wastes.

Ashes andResidues

Materials remaining from the burning of wood, coal, coke and othercombustible waste. Residues from power plants are normally notincluded in this category. Ashes and residues are normally composedof powdery materials, cinders, clinkers and small amounts of burnedand partially burned materials.

Demolition andConstructionWastes

Wastes from razed buildings and other structures are classified asdemolition wastes. Wastes from the construction, remodelling andrepairing of residential, commercial and industrial buildings areclassified as construction wastes. Theses wastes may include dirt,stones, concrete, bricks, plaster and plumping heating and electricalparts.

Special WastesWastes such as street sweeping, road side litter, catch-basin debris,dead animals and abandoned vehicles are classified as special wastes.

Treatment PlantsWastes

The solid and semi-solid waste from water, waste water and industrialwaste treatment facilities are included in the classification.

4.5. Waste Characterization

Solid waste stream should be characterized by their source, by types of waste

produced as well as by generation rates and composition. Correct information in these

areas is necessary in order to monitor and review of existing waste management system.

16 Moitra. M, “Management of Solid Waste; Key to Sustainable Development”, SPA Newsletter onHuman Settlement, Vol.3, No.3-4 (Jan-Jun, 1996).

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Hence, it is important to explain the composition of municipal solid waste in a clear

and consistent manner. Overall municipal solid waste generated in urban areas varies

45-75 percent organic materials. The contribution of non-degradable waste is higher in

cities of highly developed world as compared to developing world, but the organic waste

is higher in developing countries. The type of waste generated is also influenced by

geographical locations, land use pattern, functional activities, economic conditions and

policy of government. With the rising urbanization per-capita income and change in the

lifestyle and food habits, the amount of municipal solid waste has been increasing rapidly

and its composition also changing. Over the last few years, the consumer style has grown

rapidly leading to products being packed in cans, aluminium foils, plastics and other such

non-biodegradable items that cause incalculable harm to the environment.

The organic content of Indian city refuse is much higher due to practice of eating

fresh vegetables and fruits as compared to consumption of tinned and prepared food in

developed countries17. In municipal solid waste, after bio-degradable materials the second

larger component is the inert material usually consisting of silt, construction, debris and

other inert rubbish.

4.5.1 Physical composition of waste

Municipal solid waste is a heterogeneous mixture of paper, plastic, cloth, metal,

glass and organic matter etc., generated from households, street, commercial establishment

and market. The composition of waste plays a very significant role in the formulation of the

waste management plans.

Composition of refuse from some of the Indian cities like Kolkata, Delhi, Chennai

and Hyderabad show that the urban waste is heterogeneous in character. In this waste,

combustible waste was highest (48%) in Chennai and lowest in Delhi with only 35%.

Ash was found maximum in Delhi and Hyderabad. Chennai waste had rich quantity of

carbon contents, while it was lacking in Delhi and Hyderabad. Among these four cities,

waste of Delhi had no value of nitrogen, phosphorous and potassium.

17 Holmes, R. (ed.) Managing Solid Waste in Developing Countries, (John Wiley and Sons: New York, 1984).

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4.5.2 Chemical composition of Waste

Generally all middle and low income countries have a high percentage of

combustible organic matter in the urban waste stream, ranging from 40-85% of total.

China and India diverge from this trend as they traditionally use coal as a household fuel

source. The ash that is subsequently produced is very dense and tends to dominate the

waste stream in terms of weight18.

In Indian society, waste is dominated by organic materials due to their general

vegetarian habits. Women do not throw the old clothes; they rather exchange it for

stainless steel utensils and crockery. The chemical contents in the waste stream place

crucial role in the decomposition process.

4.6 Impact of Improper Municipal Solid Waste Management

A guidance note titled “Municipal Solid Waste Management on a Regional

Basis”, by the Ministry of Urban Development (MoUD), Government of India observes

that “Compliance with the Municipal Solid Waste Management Rules 2000 requires that

appropriate systems and infrastructure facilities be put in place to undertake scientific

collection, management, processing and disposal of municipal solid waste. However,

authorities are unable to implement and sustain separate and independent projects to

enable scientific collection, management, processing and disposal of municipal solid

waste. This is mainly due to lack of financial and technical expertise and scarcity of

resources, such as land and manpower”19.

Improper solid waste management deteriorates public health, degrades quality of

life and pollutes air, water and land resources. It also causes global warming, climate

change and impacts the entire planet. Improper waste management is also identified as a

cause of 22 human diseases20 and results in numerous premature deaths every year.

18 Subhash Anand, Solid Waste Management, 116 (Mittal Publications: New Delhi, 1st Edn., 2010).19 Ranjith Kharvel Annepu, Sustainable Solid Waste Management in India, 53 (Columbia university:

New York, 2012).20 Available at: http://web.mit.edu/urbanupgrading/urbanenvironment/resources/references/pdfs/WhatAWaste

Asia .pdf, (visited on 11.09.2014).

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4.6.1 Unsanitary Land filling (Dumping)

Majority of the municipal solid waste collected in India is disposed off on open

land or in unsanitary landfills. This is in addition to the irregular and incomplete waste

collection and transportation in many cities, which leaves municipal solid waste on the

streets. Many municipalities in India have not yet identified landfill sites in accordance

with Municipal Solid Waste Rules 2000. In several municipalities, existing landfill sites

have been exhausted and the respective local bodies do not have resources to acquire new

land. Such lack of landfill sites decreases municipal solid waste collection efficiency21.

Unsanitary land filling pollutes ground and surface waters, emits green house gases and other

organic aerosols and pollutes the air. Pests and other vectors sitting on improperly disposed

solid wastes is a nuisance and above that a breeding ground for disease causing organisms.

4.6.2 Open Burning, Landfill Fires and Air Quality Deterioration

Open burning is the burning of any matter in such a manner that products of

combustion resulting from the burning are emitted directly into the ambient air without

passing through an adequate stack, duct or chimney. Open burning of wastes is practiced

all over India due to reasons like, open burning by waste-pickers for recovery of metals

from mixed wastes; open burning in bins by municipal workers or residents to empty

municipal solid waste collection bins; open burning of plastic wastes by street dwellers

for warmth at night.

In addition to open burning of wastes, landfill fires are also common at every

landfill in India. They are caused due to the build-up of heat inside waste beds due to

decomposing (aerobic or un-aerobic) organic matter. Sometimes, these fires continue for

weeks at a stretch, even after long showers.

Air Emissions from Open Burning and Landfill Fires

A study by National Environmental Engineering Research Institute in 2010, “Air

Quality Assessment, Emissions Inventory and Source Apportionment Studies: Mumbai”22

found that open burning and landfill fires are a major source of air pollution in Mumbai.

21 Available at: http://www.pppinindia.com/pdf/dea_ppp_criticality_legal.pdf, (visited on 11.09.2014).22 Available at: http://www.moef.nic.in/downloads/public-information/Rpt-air-monitoring-17-01-2011.

pdf, (visited on 11.09.2014).

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The study found that about two per cent of the total municipal solid waste generated in

Mumbai is openly burnt on the streets and 10 per cent of the total municipal solid waste

generated is burnt in landfills by humans or due to landfill fires.

In Mumbai, open burning of municipal solid waste is the largest emitter of carbon

monoxide(CO), particulate matter (PM), carcinogenic hydrocarbons (HC) and nitrous

oxides (NOX), among activities that do not add to the economy of the city; the second

largest emitter of hydrocarbons (HC); the second largest emitter of particulate matter

(PM); the fourth largest emitter of carbon monoxide compared to all emissions sources in

Mumbai; and the third largest emitter of CO, PM and HC combined together in

comparison to all emission sources in the city.

Dioxins/Furans Emissions

Dioxins and Furans are known carcinogenic agents; they can cause cancer in case

of long term exposure. The risk of exposure to dioxins/furans is considerably increased

due to the fact that municipal solid waste is burnt on the streets and landfills which are at

ground level, releasing them directly into ambient surroundings. Also, open burning is a

frequent occurrence in some communities and landfill fires, once started, go on for weeks

at a stretch, increasing human exposure further. During health studies conducted in

Kolkata23, waste pickers who are regularly exposed to landfill fire emissions for longer

periods were found to have a “Chromosome Break” incidence which was 12 times higher

than the control population. Chromosome Break often leads to cancer. Municipality

workers were also found to have higher incidence of Chromosome Break compared to

control population, but less than that of waste pickers.

4.6.3 Water Pollution

Unsanitary landfills can contaminate ground and surface water resources when the

leachate produced percolates through the soil strata into the groundwater underneath or is

washed as runoff during rains. Leachate is generally a strong reducing liquid formed

23 Arun Kanti Biswas, Sunil Kumar, S. Satheesh Babu, Jayanta Kumar Bhattacharyya and TapanChakrabarti, “Studies on environmental quality in and around municipal solid waste dumpsite”,Resources, Conservation and Recycling, Vol. 55, Issue 2 (2010) P. 129-134.

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under methanogenic (anaerobic) conditions. The characteristics of leachate depend on the

content of various constituents in the dumped waste.

“Studies on Environmental Quality in and around Municipal Solid Waste

Dumpsite” in Kolkata, by Biswas A.K., et al.24 found moderately high concentrations of

heavy metal in groundwater surround the dumpsite. The study found out that the

groundwater quality has been significantly affected by leachate percolation. Leachate

generally contains organic chemicals formed by anaerobic digestion of organic wastes

and heavy metals leached from inorganic wastes. The heavy metals generally observed in

leachate are Lead (Pb), Cadmium (Cd), Chromium (Cr) and Nickel (Ni). All these heavy

metals are characterized as toxic for drinking water. Due to the reducing property of

leachate, during percolation through soil strata, it reacts with Iron (Fe) and Manganese

(Mn) species underground and reduces them into more soluble species, thus increasing

their concentrations in groundwater. Such reactions when they occur, pose a serious

drinking water toxic risk.

4.6.4 Land Degradation and Scarcity

Land filling of municipal solid waste is a common waste management practice

and one of the cheapest methods for organized waste management in many parts of the

world. This practice of unsanitary land filling not only occupies precious land resources

near urban areas; it also degrades the quality of land and soil in the site. Presence of

plastics and heavy metals in the soils make it unfit for agriculture and emissions of

methane and structural instability of the land make it unfit for construction activities.

Land filling occupies vast amount of lands near urban areas. A 1998 study by The Energy

Resources Institute, earlier Tata Energy Research Institute (TERI), titled ‘Solid Waste

Management in India: options and opportunities’25 calculated the amount of land that was

occupied by all the waste that was generated in India, post-independence, until 1997.

Based on a Business As Usual (BAU) scenario of 91 percent land filling, the study

24 Arun Kanti Biswas, Sunil Kumar, S. Satheesh Babu, Jayanta Kumar Bhattacharyya and TapanChakrabarti, “Studies on environmental quality in and around municipal solid waste dumpsite”,Resources, Conservation and Recycling, Vol. 55, Issue 2 (2010) P. 129-134.

25 Shuchi Gupta, Krishna Mohan, Rajkumar Prasad, Sujata Gupta and Arun Kansal, “Solid wastemanagement in India: options and opportunities”, Resources, Conservation and Recycling, Vol. 24,Issue 2, (November 1998) P. 137-154.

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estimates that the waste generated in 2001 has occupied 237.4 sq.km or an area half the

size of Mumbai; by 2011 would have occupied 379.6 sq.km or more than 218,000

football fields or 90 per cent of Chennai; by 2021 would need 590.1 sq.km which is

greater than the area of Hyderabad (583 sq.km)26.

The Position Paper on The Solid Waste Management Sector in India, published

by Ministry of Finance in 2009, estimates a requirement of more than 1400 sq.km of land

for solid waste disposal by the end of 2047 if municipal solid waste is not properly

handled. This area is equal to the area of Hyderabad, Mumbai and Chennai together27.

4.6.5 Public Health Crisis

The present level of solid waste management service in urban areas is a potential

threat to public health and environment. Inhalation of bio-aerosols and of smoke and

fumes produced by open burning of waste can cause health problems. Toxic materials

present in solid waste are determinants for respiratory and dermatological problems, eye

infections and low life expectancy28. The carbonaceous fractions and toxic elements like

Chromium (Cr), Lead (Pb), Zinc (Zn), etc. dominate the fine particle range. As most of

the fine particles can possibly enter the human respiratory systems, their potency for

health damage is high. Also, these fine particles from open burning which constitute

higher fractions of toxics are mostly released at ground level29. On comparing emissions

from open burning to the concentrations and composition of emissions causing indoor air

pollution due to bio-fuel burning inside homes, it can be concluded that emissions from

open burning also cause numerous premature deaths.

A less observed side effect of improper solid waste management in India is the

introduction of heavy metals into the food chain. Compost from mixed waste composting

plants is highly contaminated with heavy metals. Using this compost on agricultural

26 Available at: http://www.citymayors.com/statistics/largest-cities-density-125.html, (visited on 11.09.2014).27 Ranjith Kharvel Annepu, Sustainable Solid Waste Management in India, 64 (Columbia university:

New York, 2012).28 Bob Jan Schoot Uiterkamp, Hossein Azadi, Peter Ho, “Sustainable Recycling Model: A Comparative

Analysis Between India and Tanzania”, Resources, Conservation and Recycling, Vol. 55, Issue 3(2011) P. 344-355.

29 Available at: http://www.moef.nic.in/downloads/public-information/Rpt-air-monitoring-17-01-2011.pdf, (visited on 11.09.2014).

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fields will result in contamination of the agricultural soil with heavy metals. Food crops

grown on contaminated agricultural soils when consumed will introduce the heavy metals

into the food chain and lead to a phenomenon called "biomagnifications". Biomagnifications

is defined by United States Geological Survey (USGS) as the process whereby the tissue

concentrations of a contaminant (heavy metals) increase as it passes up the food chain

through two or more tropic levels (plants and humans or plants, cattle and humans).

Heavy metals generally found in mixed waste composts are Zinc (Zn), Copper (Cu),

Cadmium (Cd), Lead (Pb), Nickel (Ni) and Chromium (Cr).

Long-term exposure to these heavy metals through food can cause severe health

damage. Heavy metals in human body are known to cause damage to the central nervous

system and circulatory system, liver and kidney dysfunction, anaemia, stomach and

intestinal irritation and psychological and developmental changes in young children.

However additional research is required to properly understand the transport pathways of

heavy metals into human bodies through different agricultural crops and meat products.

Heavy metal contamination of groundwater due to leachate percolation below unsanitary

landfills can also cause biomagnifications of heavy metals in humans who drink water

from those sources. Further, long term exposure of populations surrounding dumpsites to

open waste disposal can lead to health problems. Ill health of municipal workers and

waste pickers means a threat to public health. Also, contagious diseases can spread

rapidly in densely populated Indian cities posing a bigger threat to public health.

Diseases caused due to stray animals, pests and insects attracted to wastes is a threat

to public health too. Sewers and drains clogged by solid waste are breeding grounds for

mosquitoes. Improper solid waste management in the city Surat caused a city-wide bubonic

plague epidemic in 1994, which later transformed Surat into one of the cleanliest cities in

India. Stray animals and insects carry other diseases like cholera and dengue fever30.

4.7 Management of Municipal Solid Wastes

In view of the serious environmental degradation resulting from the unscientific

disposal of municipal solid waste, the Ministry of Environment and Forests (MoEF),

30 Available at: http://web.mit.edu/urbanupgrading/urbanenvironment/resources/references/pdfs/WhatAWasteAsia. pdf, (visited on 11.09.2014).

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Government of India, has notified the ‘Municipal Solid Waste (Management and Handling)

Rules, 2000’ making it mandatory for urban local bodies to improve the systems of solid

waste management. These rules laid down procedures for waste collection, segregation,

storage, transportation, processing and disposal. Further, the rules mandate that all cities

should set up suitable waste treatment and disposal facilities by December 31, 2003 or earlier.

These rules also specify standards for compost quality, health control & management and

closure of land-fills.

4.7.1. Generation of Solid Waste

In the earlier times, population was small, needs were few and resources were

abundant, the generation of waste was such that it got naturally recycled, being mostly

bio-degradable. However, after the industrial revolution, the resources have been

recklessly used and there have been different types of wastes. In the management of

municipal solid waste, generation is basic fundamental aspects which change with

location, socio-economic and background of the people. The waste generation is increasing

day by day not only in big cities but also in smaller towns. Because of rapid population

growth and urbanization, there has been a significant increase in domestic, urban and

industrial waste in last few decades. In 1947, cities and towns in India generated as

estimated six million tonnes of solid waste which has been increased to forty eight

million tonnes after the 50 years in 199731. About 18percent is generated by six metro

cites of India. According to Central Pollution Control Board, 2006 the highest quantity of

municipal solid waste is being generated by Delhi among the ten metro cities of India,

followed by Mumbai, Chennai and Kolkata. Hyderabad, Bangalore and Ahmadabad

occupy fifth, sixth and seventh position respectively.

It has been estimated that by 2030, India would generate 1, 25,000 million tonnes

of wastes. Domestic waste generation varies from 300 grams per capita per day to 2.5 kg’s

per capita per day throughout the world. From the year 1990 to 2000, quantity of waste

generation doubled from 160 million tonnes to 332 million tonnes in developing

countries. By 2025, cities would produce five times the waste, they produced today.

31 Subhash Anand, Solid Waste Management, 94 (Mittal Publications: New Delhi, 1st Edn., 2010).

123

4.7.2. Collection of Municipal Solid Waste

Collection includes temporary storage and containerization, transfer to a collection

vehicle and transports to a site where the waste undergoes processing and finally

disposes. Waste collection is the most expensive phase largely because it is labour

intensive. In addition, proper collection techniques are important to protect public health,

safety and environmental quality. Solid waste collection may be a local municipal

responsibility, whereby public employees and equipment are assigned to the task.

Different cities have various methods for the waste collection like community bin

collection, house to house collection on regular pre-informed timings and scheduling by

using bell ringing of musical vehicle etc., are few modes of them. Among the 25 cities

with a population of over one million, 17 have door-to-door collection systems in India.

Delhi is among the cities that have failed to introduce the door-to-door service32.

The waste is collected from residential, markets, institutions, open spaces, street

and other premises and taken to one of the storage facilities of various types. Urban local

bodies spend between Rupees 500 to 1500 per tonne on solid waste management of

which 60-70 percent on transportation and less than 5% on treatment and disposal.

Management of municipal solid waste aims at preventing litter on the streets.

Waste that is stored and segregated at households or other establishments needs to be

collected following a fixed schedule. Door-to-door collection also requires co-operation and

participation of citizens, who must bring their wastes to the door step when waste collectors

arrive. Collection vehicles must meet the requirements of local conditions. Therefore, an

assessment of the housing situation, street conditions and geographic and topographic

situation is always a pre requisite for efficient planning and decision making for primary

collection equipment. In general, primary waste collection can be done with slow and smaller

vehicles, which do not need to cover very long distances. Motorized vehicles are more

suitable in areas with less dense housing patterns, because the collectors will need to cover

long distances. Those vehicles are also suitable for hilly areas.

32 “Delhi Ranks Poorly in Solid Waste Management”, The Hindustan Times: Delhi, 21.02.2007).

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Collection Frequency

In India, which has a hot and humid climate, organic bio-degradable waste degrades

easily, thereby producing odours and attracting vermin and disease vectors. Therefore,

bio-degradable waste needs to be collected every day. Dry waste (inorganic recyclables)

can be collected less frequently; however, collection at least once per week is advisable.

Daily collection service is very important in India. Women responsible for household

hygiene would not accept storage of waste in their home for more than 24 hours. When

collection is not provided on a daily basis, they discard waste on the streets. Shops and

establishment also do not accept storing waste for more than 24 hours33.

Options for Primary Collection

According to the Municipal Solid Waste (Management and Handling) Rules

2000, there are two options for the primary collection: door-to-door collection at preset

intervals or community bin collection (bring system)

Door-To-Door Collection

There are different options for door-to-door collection

Door-To-Door Collection carried out along with street sweeping

With this option, street sweepers are given containerized handcarts or

containerized tricycles. The vehicles have four to eight containers and a bell or a whistle.

Depending on the density of the streets, a road length of between 350 and 750 meters is

allotted to each sanitation worker for street sweeping. While sweeping the streets, sweepers

are also expected to do door-to-door collection of waste for the 150 to 250 houses situated on

the both sides of the streets they are allotted to sweep. They ring the bell or use the

whistle to announce their arrival and citizens are expected to bring out their waste.

33 Da Zhu,P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 28 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

125

Door-to-Door collection by resident welfare associations and nongovernmental

organizations

Another option for door-to-door collection is to entrust the work to Resident

Welfare Associations (RWAs) or NGOs. Those organizations could be offered a

reasonable subsidy (such as Rs 10 per house per month) to assist them in appointing and

financing their own part-time sanitation workers for the door-to-door collection service.

RWAs or NGOs can be invited to submit applications and the agreement can be

established through a memorandum of understanding.

The RWA or NGO can appoint one part-time sanitation worker per 200

households for door-to-door collection. This individual will work for four hours in the

morning. Flexible hours can be fixed for shops and establishments. Sanitation workers

can be given a containerized tricycle with a bell or whistle to facilitate collection of waste

from the doorstep and should be paid at least minimum wage, as prescribed by the state

government for part-time workers. Ahmadabad, Hyderabad, Rajkot, Bangalore, Jaipur

and Chennai are cities where door-to-door collection services are carried out through

RWA, NGO and other private initiatives34.

Door-to-door collection by private waste collectors

A third option for providing door-to-door collection is to contract with the private

sector. Municipal authorities may prepare reasonably sized packages to make such

contracts viable. The contracts could be only for door-to-door collection or could also

include transport of waste.

Personalized door-to-door collection in high-income areas and compounds

High-income groups expect more personalized service and may not mind paying

higher fees for door-to-door collection. In such areas, sanitation workers will need to visit

and collect waste from each house in the area allotted to them. This system reduces the

productivity of labour, so more workers will be needed to cover the same number of

houses in a four-hour schedule. Hence, the cost of collection will be 30 to 40 percent


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higher. The higher cost justifies higher fees from such communities. The fees could be set

at rates that would help to subsidize collection in poor communities.

Community Bin Collection

In the past, community bins have not been well accepted by citizens. Bins have

not been emptied in time so they overflow, thereby causing an unhygienic situation. This

situation is made worse because citizens tend to throw waste at the bins from a distance

because they dislike coming too close. However, community bins are very effective for

collection and still can be used in selected situations. For instance, bins can be placed in

high-rise multi-story buildings, housing compounds, or slum areas. Essential for the

acceptance of community bins is their frequent emptying and cleaning to avoid nuisance

from litter, odour and animals. Community bins must be designed to allow easy access

for citizens, easy access for trucks, easy exchange or emptying and easy cleaning of the

area. Ideally, bins will not be emptied but exchanged by a clean and empty bin with a

truck. Optionally, those bins can be unloaded into a truck mechanically or manually,

depending on the mechanization adopted in the city35.

Primary Collection of Wastes from Societies/Complexes

In private societies, complexes and multi storied buildings, normally no sweepers

are provided by municipal corporation, hence private sweepers are generally engaged.

It may be therefore made compulsory for the management of the societies, complexes and

multi storied building to keep community bins or containers in which dry and wet waste

may be separately stored by the members. Such bins may be placed at an easily

approachable location to facilitate easy collection by the municipal staff or the

contractors engaged by the municipal corporation. The municipal corporation should

arrange to collect waste from these community bins/containers through handcarts, pick-

up vans, or other municipal waste collection vehicles as may be convenient. To facilitate

collection of waste from societies or commercial complexes, the municipal corporation


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should by a rule, make it obligatory for them to identify an appropriate site within their

premises for keeping such bin/container for the storage of waste36.

Collection of Waste from Slums

The municipal corporation should collect waste from slums through community

bins provided by the municipal corporation. Residents should bring their wastes from

their houses to community bins. They should bring their biodegradable waste to these

bins only an hour or two before the time of clearance. The municipal corporation may, if

so desired, engage a private contractor for collection of this waste.

Collection of Waste from Shops and Establishments

Shops and establishments normally open after 9 or 10 am. These timings do not

suitable with the usual work schedule of sweepers. Under this situation one of these three

alternatives shall be adopted.

1. Sweepers shall first carry out the work of street sweeping in the morning hours as

usual and soon thereafter take up the work of door-step collection of waste, after most

of the shops have opened. Waste collectors (rag pickers) shall be organized to collect

the recyclable waste from shops and establishments as soon as they opens, as most of

such waste is recyclable. The shops and establishments shall be asked to store waste

in two bins if they produce waste other than recyclable waste also.

2. The recyclable material received by the waste collectors directly from shops and

establishments would give them a better return. The waste would be dry and not

soiled and would fetch a good price in the market. This will work as an incentive for,

them to continue door- to door collection.

3. The associations of markets, shops and establishments shall be persuaded to organize

this service with the help of NGOs and rag pickers in their market37.

36 Project Report, “Strengthening Primary and Secondary Solid Waste Management in the city”, RajkotMunicipal Corporation, (Project period from 2005-06 to 2010-11), p-93.


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Collection of Waste from Hotel and Restaurant

The hotels and restaurants shall make their own arrangements for collection of

waste through their own association. The Municipal Corporation may extend help in

primary collection of such waste by deploying its own manpower and machinery for door

step collection of such waste on full cost-recovery basis. This doorstep service may be

contracted out by the municipal corporation if so desired. Charges for the collection of

hotel waste may depend upon the quantity of waste to be picked up from the hotels and

restaurants and frequency of collection required. The cost recovery may be planned

according to the classification of hotels/ restaurants made on the above basis and decided

in consultation with them.

Vegetable, Fruit, Meat Markets Waste

These wastes should be removed on a daily basis departmentally or through a

contractor on full or part-cost-recovery basis as may be deemed appropriate by the

municipal corporation. The large containers kept in the fruit and vegetable markets

should properly be emptied during non-peak hours and the waste from meat and fish

markets should be collected through a closed pick-up van service by engaging a

contractor as deemed expedient by the municipal corporation.

Collection of garden waste

The waste stored in public and private parks, gardens, lawn plots etc. should be

collected on a weekly basis by arranging a rotation for collecting such waste from

different areas, on different days to be notified to the people to enable them to trim the

trees and lawns accordingly and keep the waste ready. This waste shall be collected through a

contractor or department as deemed appropriate by the urban local authority. Cost recovery

shall be insisted upon, based on the volume of waste collected. The existing tractors may be

deployed for weekly collection of garden waste from different areas.

Collection of waste from marriage halls and community halls

A special pick up arrangement should be made for collection of waste from these

establishments daily on a full-cost-recovery basis. The cost of such collection could be

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built into the charges for utilizing such halls. This service may be provided preferably

through a contractor or department, as the municipal corporation deems fit38.

Collection of construction and demolition waste

1. The municipal corporation should prescribe the rate per ton for the collection,

transportation and disposal of construction waste and debris and notify the same to

the people.

2. Every person who is likely to produce construction waste shall be required to deposit

with the municipal corporation an approximate amount in advance at the rates as may

be prescribed by the municipal corporation from time to time, for the removal and

disposal of construction waste from his premises by the municipal corporation.

3. Such amount shall be deposited at the- time when the building permission is being

sought and in cases where such permission is not required, at any time before such

waste is produced.

4. The charges for removal of construction waste to be doubled for those who fail to

deposit the amount in advance.

5. To facilitate the collection of small quantities of construction and demolition waste

generated in the city, suitable sites shall be identified in various parts of the city and

notified people to deposit small quantities of construction and demolition waste.

Containers could be provided at such locations and small collection charge levied for

receiving such waste at such sites and for its onward transportation. Rates shall be

prescribed for such collection by the municipal corporation. Contracts could be given

for managing such sites.

Dairy and cattle-shed waste

The dairies and cattle breeders having sheds within the city limits should be asked

to move the cattle sheds outside the city limits. Such waste producers should be directed

not to stack the cow dung or other stable wastes within their premises or on the roadside

for future use or for sale as it creates unsanitary conditions. They must, therefore, transfer


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the waste produced by them daily into the specified municipal storage containers nearby,

which should be provided by the corporation to avoid unhygienic conditions.

4.7.3 Storage of Municipal Solid Wastes

Solid waste collected from the doorstep through the primary collection system has to

be stored at a convenient place for its onward transport in a cost-effective manner. In general,

further waste handling should follow the principle of “Do not handle waste twice!”39

Storage Depots

Municipal authorities need to dispense with open waste storage depots and to

replace concrete cylindrical bins and missionary bins, which are inefficient and

unhygienic, with neat, mobile covered containers. They should identify suitable locations,

preferably from among the existing locations of waste storage depots in the city, where

large containers ranging from three cubic meters to seven cubic meters could be placed

for secondary storage of waste. The number of containers required will depend on the

area of the city and its population.

A waste collector with a handcart should not be expected to walk more than

250 meters. Therefore, containers should be available within a radius of 250 metres.

At least four containers per square kilometre need to be placed. In high-density areas, one

container should be placed for every 5,000 to 10,000 residents, depending on the size of

the container. A three cubic meter container will hold 1.25 to 1.50 metric tons of waste,

just enough for a population of 5,000 whereas, a container of seven cubic meter capacity

can easily handle the waste of a population of 10,000 to 12,000. In highly spread-out

areas, the municipalities may use their discretion in placing containers to facilitate an

appropriate secondary storage system in a cost-effective manner. The containers could

either be taken directly to the disposal site if the distance is shorter than 15 kilometres or

might be taken to a transfer station if the distance is longer40.

39 Da Zhu,P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 33-34 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).


131

Transfer Stations

In cities where the treatment and disposal site is more than 15 kilometres away

from the city, transfer stations might be appropriate. Waste is transferred from small

vehicles into larger container trucks so that waste can be transported more efficiently

over long distances. It would be uneconomic to transport small quantities of waste to a

long-distance haul. The following might be considered:

1. The transfer station needs to be so designed that waste can directly be

transferred into a large vehicle or container.

2. Large vehicles or containers with a capacity of 20 to 30 cubic meters are typically

used for long-distance waste transport to a treatment and disposal site.

3. The design and capacity of transfer stations and storage equipment strongly

depends on the waste quantity and on vehicles used for primary and secondary

waste.

Municipal authorities should very carefully select the site of transfer station.

One or more transfer stations in each city can facilitate optimum use of the fleet of small

vehicles and can take optimum advantage of large hauling vehicles for bulk transport of

waste. Transfer stations should be decentralized within the city, allocated to an enclosed

area and situated in the general direction of the main landfill site. The timings of the

transfer station should match with the timings of waste transport from the city so that

direct transfer of waste from a small vehicle to a large vehicle is possible. This arrangement

can be facilitated by a split-level transfer station, where a small vehicle can go over a

ramp and directly tip into a large vehicle. However, if direct transfer of waste from a

small vehicle to a large vehicle is inconvenient, the municipal authority could also plan a

transfer station at which waste is initially deposited in a large bunker and later moved

using special equipment such as a grabbing machine. The contents could then be lifted

into a large vehicle at any time during the day. Such an arrangement necessitates multiple

handling but has the flexibility to allow the transfer of waste any time during the day41.

41 Da Zhu, P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 35 36 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

132

4.7.4 Transportation of Municipal Solid Waste

Transportation of waste from collection centre to final disposal site is a crucial

step in solid waste management. In fact, transportation is a link between the collection

and disposal of garbage on the land fill sites and for this, proper vehicles and equipments

are required. A transfer station is a facility at which solid wastes from individual

collection trucks are consolidated into large vehicles, such as tractor-trailer units. Waste

transportation services are carried out by the municipalities employing vehicles like open

trucks, tractor-trailer, dumper etc. The most expensive aspect in solid waste management

is the cost incurred in transporting the garbage to disposal ground42.

The main types of modern vehicle used for transportation are Refuse Removal Trucks

(RRT), Loaders, Mini Dumpers, Tractor-Trailer and also Bullock Carts in rural areas43.

1. RRT: These are ordinary trucks tipped with hydraulic tipping facilities, have a

capacity of about 8 cu meters and can lift about 4 tonnes of solid wastes.]

2. Refuse Collector: These are modern special trucks with hydraulic compaction and

loading facility and have a capacity of 14 cu meters and carry 8 tonnes of load.

3. Mini Refuse Collectors: These are smaller versions of the refuse collector, have a

capacity of 6 cu meters and can carry 3-4 tonnes of load.

4. Dumper: These are trucks fitted with a crane like facility which can lift filled dumper

bin and replace them after emptying. The average weight lifted by dumper is around

2.5 tonnes.

5. Tractor: These usually operate for short hand and have a capacity of 3-4 tonnes.

6. Loaders: These are special machines with a mechanical device to clear the bins and

load the wastes on the trucks.

7. Animal Drawn Cart: These are used in rural areas. It is least polluting and very

economical. These usually engaged to collect waste from narrow lanes and transport

it to transfer stations from where it carried by a larger vehicle.

42 Subhash Anand, Solid Waste Management, 136-137 (Mittal Publications: New Delhi, 1st Edn., 2010).43 Ansari, J. H., “Solid Waste Management in Delhi- Need for Partnership Management”, 27th National

Congress Paper (19-22 September 1999).

133

4.7.5 Processing of Municipal Solid Wastes

Waste processing and treatment is the physical, chemical or biological conversion

of the waste for resource recovery, energy recovery and any other beneficial purposes.

These include composting, vermi-composting, incineration and gasification etc.44.

According to Municipal Solid Wastes (Management and Handling) Rules 2000 the

municipal authority shall adopt suitable technology or combination of such technologies

to make use of wastes so as to minimize burden on landfill45.

The treatment practices to be adopted by urban local bodies in India are:

1. Composting-Aerobic

a. Vermi Composting

b. Windrow Composting

2. Bio Methanation–Anaerobic

3. Refuse Derived Fuel (RDF)–Pelletisation

4. Waste to Energy methods-Power generation through Incineration

The composting is the preferred method for disposal / treatment for the bio-

degradable waste. However, there is another disposal method in the form of using it for

energy production through different technologies available as on now. The pelletisation

route has the advantage of safe disposal of garbage and a source of renewable energy. But

the technical feasibility of undertaking such an activity depends on many factors

including the quantity of biodegradable waste available and the additives which can be

permitted to be used etc. While selecting the technology for composting, it should be kept

in mind that the final product is going to be used as manure and therefore it should adhere

to the requirement supporting its use in production of food items because the manure is

going to be used for production of food grains / vegetables etc46.

44 Subhash Anand, Solid Waste Management, 180 (Mittal Publications: New Delhi, 1st Edn., 2010).45 Schedule – II of the Municipal Solid Wastes (Management and Handling) Rules 2000, available at:

http://www. moef.nic.in/legis/hsm/mswmhr.html, (visited on 12.09.2014).46 Ready Reckoner, “Municipal Solid Waste Management for Urban Local Bodies”, Commissionerate of

Municipal Administration: Chennai, (November 2008), p. 28.

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Composting

Composting is a natural biological process in which organic material is broken

down by the action of micro-organisms. Typical materials suitable for composting

include, green waste and putrescible wastes with pre sorting and screening to remove non

compostable, plus other enriched organic waste streams (sewage sludge, agricultural,

food processing wastes)47.

In the 2000 Municipal Solid Waste Management Rules, ‘Composting’ is defined

as a controlled process involving microbial decomposition of organic matter under

aerobic conditions. Biodegradable waste is converted to a soil-like substance (compost),

which is a valuable soil amendment and fertilizer. India has a well-established composting

community with a wealth of experience in composting. However, only a few municipalities

have adopted composting as a treatment option in their solid waste management strategy.

Many composting initiatives are not formally linked to the official system and, therefore,

struggle with organizational, financial and institutional problems48.

Vermi-Composting

Vermi-Composting is a bio oxidation and stabilization process of organic matter

that involves the joint action of earthworms and bio organisms and does not involve

thermophilic agent. In this process the organic waste gets breakdown and fragmented by

earthworms resulting in a stable non toxic material with good humus material that can be

used as a soil conditioner. The earthworms are in fact, used in this process as the agents

for turning fragmentation and aeration. In this process it is absolutely necessary to

segregate the solid waste. The earthworms require moist conditions and hence large

quantity of water is required in this process and no water logging is permitted.

This is the process by which decayed organic matter is eaten by a mix of bacteria,

fungi and bacteria inside the bodies of earth worms, to convert waste to a digested soil

47 Ready Reckoner, “Municipal Solid Waste Management for Urban Local Bodies”, Commissionerate ofMunicipal Administration: Chennai, (November 2008), p. 28.

48 Da Zhu, P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, ImprovingMunicipal Solid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 39(The International Bank for Reconstruction and Development / The World Bank: Washington DC,2008).

135

like excretion and Vermi-Castings full of microbes useful to farmers. Earthworms are not

pests like caterpillars and do not eat fresh food wastes. There are two stages in the

process of Vermi-Composting; Initial decomposition of the waste and later its conversion

by earthworms. Mixed waste cannot be used for Vermi-Composting as toxic substances

can kill the earthworms. Only segregated wastes or domestic food waste can be

composted through this process49.

Windrow Composting

Windrow composting is an established technology for dealing with green wastes,

where the material is piled in elongated rows and aerated through either turning of the

windrows or through air forced through the material. This may take place in buildings or

externally. In this process the waste is received and stacked in long windrows of 2to3m

wide and 1to 1.50m high. The dimensions would vary depending on the volume of waste

to be handled per day. The windrows can be treated with slurry substrate of bio enzymes

/effective microorganisms for de-odour and for achieving accelerated bioconversion of

organic matter in the waste. Due to exothermic reactions, the temperature of the windrow

reaches about 55 ºto 65º within 36 hours and kills the pathogens. It also accelerates the

fermentation. The moisture level of about 50% to 60% shall be maintained during the

process. After every 5 day’s interval, aeration is carried out by turning the windrows with

the help of any suitable mechanical equipment like front loader/by manually. As the

fermentation progresses, the organic biomass changes colour to dark humus like

substances and its volume is reduced to about 50%.The fermentation is completed within

five weeks. The well decomposed biomass is processed in separating, grading and sieving

machines. In the process, foul smell is eliminated at the initial stage and the pathogens

are killed by bio enzymes induced exothermic heat and the waste becomes free from

flies, mosquitoes and insect vectors50.



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Bio Methanation

In this process, the organic fraction of wastes is segregated and fed into a closed

container (biogas digester) where, under anaerobic conditions, the organic wastes

undergo bio-degradation producing methane-rich biogas and effluent/ sludge. The biogas

can be utilized either for cooking/ heating applications, or through dual fuel or gas

engines or gas / steam turbines for generating motive power or electricity. The sludge

from anaerobic digestion, after stabilization, can be used as a soil conditioner, or even

sold as manure depending upon its composition, which is determined mainly by the

composition of the input waste51.

Refuse-Derived Fuel (RDF)- Pelletisation

Pelletisation is a physical process which brings about resource recovery from

waste. It consists of various steps like mechanical lifting of waste, Removal of non-

combustible and Recyclables fractions, drying of the combustible fraction, Size

reduction, Ingredient mixing and Production of fuel pellets52. The process of conversion

of garbage into fuel pellets involves primarily drying, separation of combustibles from

garbage, size reduction and pelletisation after mixing with binder and/or additives as

required. The municipal solid waste collected for disposal is tested for its moisture

content and when the moisture content is more than 35- 40%, it requires drying to

produce fuel pellets with reasonable heating values. The reduction in moisture can be

done artificially or by natural sun drying. Sun drying is preferred when adequate land is

readily available. However, during periods of heavy rainfall, alternate arrangements for

drying will have to be made. The moisture level of waste is brought down to around

35-40% by uniformly spreading it on an open, paved area and allowing it to be dried by

the Sun. The duration of sun drying varies from 1 to 2 days depending upon the garbage

quality. In the process of spreading the garbage, manual inspection is carried out to

remove large debris, tree cuttings, tyres etc., which are harmful to the downstream

process equipment.


52 Subhash Anand, Solid Waste Management, 171 (Mittal Publications: New Delhi, 1st Edn., 2010).

137

The non-combustible items are removed, separating glass and metals for

recycling. The combustible waste is shredded into a smaller, more uniform particle size

for burning. The RDF thus produced may be burnt in boilers on-site, or it may be shipped

to off-site boilers for energy conversion. If the RDF is to be used offsite, it is usually

dense into pellets through the process of pelletisation. Pelletisation involves segregation

of the incoming waste into high and low calorific value materials and shredding them

separately, to nearly uniform size. The different heaps of the shredded waste are then

mixed together in suitable proportion and then solidified to produce RDF pellets.

Additional advantage is that the pellets can be conveniently stored and transported53.

Waste to Energy methods-Power generation through Incineration

It is the process of direct burning of wastes in the presence of excess air (oxygen)

at the temperature of about 8000°C and above, liberating heat energy, inert gases and ash.

Net energy yield depends upon the density and composition of the waste; relative percentage

of moisture and inert materials, which add to the heat loss; ignition temperature; size and

shape of the constituents; design of the combustion system (fixed bed/ fluidized bed), etc.

In practice, about 65 to 80 % of the energy content of the organic matter can be recovered

as heat energy, which can be utilized either for direct thermal applications, or for

producing power via steam turbine generators (with typical conversion efficiency of

about 30%). The combustion temperatures of conventional incinerators fuelled only by

wastes are about 760° C in the furnace and in excess of 870°C in the secondary

combustion chamber. These temperatures are needed to avoid odour from incomplete

combustion but are insufficient to burn or even melt glass. To avoid the deficiencies of

conventional incinerators, some modern incinerators utilize higher temperatures of up to

1650˚C using supplementary fuel. These reduce waste volume by 97% and convert metal

and glass to ash. While incineration is extensively used as an important method of waste

disposal, it is associated with some polluting discharges, which are of environmental

concern, although in varying degrees of severity. These can fortunately be effectively


138

controlled by installing suitable pollution control devices and by suitable furnace

construction and control of the combustion process54.

4.7.6. Disposal of Municipal Solid Wastes

Open dumping of waste can cause irreparable damage to the environment by

polluting land, water and air; adversely affecting human health; and lowering people’s

quality of life. The 2000 Municipal Solid Waste rules, therefore, prohibit open dumps and

require municipal authorities to safely dispose of solid waste in engineered landfills.

The rules further mandate treatment of the organic fraction of solid waste before final

disposal in the landfill sites. Thus, only rejected and degraded waste can be placed in

landfills. All cities and towns in India are, therefore, under an obligation to stop crude

dumping of waste at open dumping grounds and to instead identify suitable lands for the

construction of engineered landfills following the standard prescribed in Schedule III of

the rules. Schedule III provides guidelines for the basic landfill requirements for selection

and design. The following sections outline important guidelines55.

Specification for Landfill Sites and Guidelines

Site Selection

a) In areas falling under the jurisdiction of “development authorities,” it is the

responsibility of those authorities to identify the landfill sites and to hand over the

sites to the concerned municipal authority for development, operation and maintenance.

Elsewhere, this responsibility lies with the concerned municipal authority.

b) Selection of landfill sites must be based on examination of environmental issues.

The Department of Urban Development of the State or the Union territory must coordinate

with the concerned organizations to obtain the necessary approvals and clearances.

c) Landfill sites must be planned and designed with proper documentation of a phased

construction plan as well as a closure plan.


55 Da Zhu, P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 40 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

139

d) Landfill sites must be selected to make use of a nearby waste processing facility.

Otherwise, a waste processing facility must be planned as an integral part of the

landfill site.

e) Existing landfill sites that will continue to be used for more than five years must be

improved in accordance with the specifications that are given in Schedule III.

f) Biomedical waste must be disposed of in accordance with the Bio-Medical Waste

(Management and Handling) Rules 1998 and hazardous waste must be managed in

accordance with the Hazardous Wastes (Management, Handling and Transboundary

Movement) Rules 2008.

g) Landfill sites must be large enough to last for 20 to 25 years.

h) Landfill sites must be away from habitation clusters, forest areas, water bodies,

monuments, national parks and wetlands, as well as places of important cultural,

historical, or religious interest56.

i) A buffer zone of no development must be maintained around the landfill site and

must be incorporated in the town planning department’s land-use plans.

j) Landfill sites shall be away from airports, including airbases. Approval of airport or

airbase authorities must be obtained before setting up a landfill site if the site is to be

within 20 kilometres of an airport or airbase57.

In addition to those rules, the state pollution control boards are required to

prescribe the criteria for site selection in terms of distance to be maintained from

habitation, water bodies, highways, railways and so forth. Municipal authorities should

also adhere to those criteria.

Facilities at the Site

a) Landfill sites must be fenced or hedged and must be provided with a proper gate to

monitor incoming vehicles or other modes of transport.


57 Schedule – III of the Municipal Solid Wastes (Management and Handling) Rules 2000, available at:http://www. moef.nic.in/legis/hsm/mswmhr.html, (visited on 12.09.2014).

140

b) Landfill sites must be well protected to prevent entry of unauthorized persons and

stray animals.

c) Approach and other internal roads for free movement of vehicles and other machinery

must exist at the landfill site.

d) Landfill sites must have a waste inspection facility to monitor waste brought to the

landfill, an office facility for recordkeeping and a shelter for equipment and

machinery, including pollution-monitoring equipment.

e) A weigh bridge to measure the quantity of waste brought to the landfill, fire

protection equipment and other facilities should be provided as required.

f) Utilities such as drinking water and lighting arrangements for easy landfill operations

when carried out in night hours must be provided. If possible, bathing facilities for

workers should be provided.

g) Safety provisions, such as health inspection for landfill workers, must be periodically

made58.

Specifications for Land filling

The rules lay down detailed specifications for land filling, which should be

strictly adhered to. Waste subjected to land filling is expected to be compacted in thin

layers and covered immediately or at the end of each workday with at least 10 centimetres of

soil. After completion of landfill, a final cover must be designed to minimize infiltration

and erosion. The final cover must have a barrier soil layer followed by a drainage layer.

On top of the drainage layer, a vegetative layer is needed to support natural plant growth

and to minimize erosion. Moreover, directions have been given for pollution prevention

and water-quality monitoring, landfill closure and later care. The municipal authorities

should follow the rules carefully when constructing an engineered landfill59.

58 Schedule – III of the Municipal Solid Wastes (Management and Handling) Rules 2000, available at:http://www. moef.nic.in/legis/hsm/mswmhr.html, (visited on 12.09.2014).

59 Da Zhu, P. U. Asnani, Chris Zurbrügg, Sebastian Anapolsky and Shyamala Mani, Improving MunicipalSolid Waste Management in India- A Sourcebook for Policy Makers and Practitioners, 41-42 (TheInternational Bank for Reconstruction and Development / The World Bank: Washington DC, 2008).

141

4.8. Role of Rag Pickers in the Solid Waste Management

Rag pickers constitute a segment of the people involved in the waste trade make a

living by collecting and selling recyclable materials out of municipal Solid Waste.

Rag pickers are known by different names like “waste pickers, garbage combers,

scavengers etc”. In Delhi they also called as khattewala. On the basis of work place, they

can be categorized into “waste pickers at market, waste pickers at street, waste pickers at

dustbins and waste pickers at landsite”60.

Preliminarily there are three different kinds of waste pickers:

1. Those who carry a sack on their back and collect whatever has any resale value.

These waste pickers of street move in their respective localities and pick up waste

from streets, drains, waste bins, open waste collection points and land fill sites etc.

2. Those who use a tricycle and collect over 50 grams of waste per day.

3. Those who work for the waste dealers. These waste pickers are committed to sell

their daily collection to the waste dealers who employ them.

Rag pickers are quite often seen around the waste collection centers and dumping

sites, engaged in picking up recyclable items. The items which have been thrown by

generators, becomes the source of livelihood for waste pickers. In the absence of source

segregation, the waste pickers collect the recyclables from the garbage bins. They pick up

about 10-20% of waste generated. The most common waste item collected by them is

plastic. The quantity and kind of material collected depends upon the type of area in

which collection is done such as residential, commercial and industrial etc. On an average

an adult waste picker collect between 5-15 Kilograms of plastic and 10-15 kilograms of

paper and cardboard61.

Their activities reduce the transportation cost and land fill requirement. A survey

conducted by Central Pollution Control Board (CPCB) during 1996 in some of the cities

has revealed that rag pickers play a key role in the management of municipal solid waste.

60 Subhash Anand, Solid Waste Management, 231 (Mittal Publications: New Delhi, 1st Edn., 2010).61 Martin J. Brunch et al. (eds), Proceedings of the Third International Conference on Environment and

Health, 451-464 (Department of Geography, University of Madras and Faculty of EnvironmentStudies, New York: Chennai 15-17 December 2003).

142

They work day and night on the garbage dump sites to collect the recyclable materials.

Some of the findings of the CPCB on rag pickers are following:

1. Rag pickers were quite often seen around waste receptacles engaged in picking up

waste materials of their use.

2. An excellent example of segregation of waste on dust bins is provided by rag pickers,

who make the living out of discarded materials.

3. Rag pickers amongst themselves have good understanding for area wise operation in

the city.

4. Rag picking by children is a matter of serious concern.

5. Each group of rag pickers takes specific item for segregation task.

6. After segregation of waste, rag pickers sell it to waste dealers62.

Waste picking has a negative influence on the health of waste pickers. They are

exposed to infections and come on contact with hazardous wastes and bacterially infected

wastes. Possible health hazards include hand and leg injuries, intestinal and respiratory

infections, lower back pain and skin disorder etc.

4.9 Judicial Activism on Municipal Solid Waste Management

In India, solid waste management is the primary responsibility and duty of the

municipal authorities. State legislations and the local Acts that govern municipal

authorities include special provisions for collection, transport and disposal of waste. Most

of the State legislation does not cover the necessary technical or organizational details of

solid waste management.

In the absence of appropriate legislation or of any monitoring mechanism on the

performance of municipal authorities, the system of waste management has remained

severally deficient and outdated. At the disposal sites, municipal authorities dump

municipal wastes, human excreta from slum settlements, industrial waste from small

62 “National Institute of Science Technology and Development Studies”, Official News Letter: NewDelhi, Vol. 6, No. 1 (April 2004).

143

industrial establishments within the city and bio-medical waste without imposing any

restrictions, provoking serious problems of health and environmental degradation63.

In Rampal and Ors. v. State of Rajasthan and Ors64 the petitioners are residents of

Mundara Mohalla, situated in the town of Mandal in Bhilwara District, there is a blind

lane and a common chowk in the centre, which is surrounded by the houses of the

petitioners and others. The petitioner’s grievance is that water of domestic use, including

dirty water from the houses of the Mohalla, as also rain water has collected in the chowk

and because there is no drain for the discharge of the accumulated water, there is growth

of moss and insects and there is possibility of spread of epidemics.

The petitioners have relied upon a letter written in this connection by the medical

and health officer, government hospital, Bhilwara, on June 18, 1979, to the executive

officer of the Municipal Board. Mandal inviting his attention to the fact that stagnant

water, which has collected in the common chowk of the Mimdara Mohalla, has become

the breeding place of mosquitoes and insects and may cause spread of diseases.

The medical and health officer in his aforesaid letter expressed the view that immediate steps

should be taken for making a permanent arrangement for the disposal of such water as has

collected in the chowk and which has caused a nuisance, for the residents of the area.

As the Municipal Board has not cared to take any action in the matter, the

petitioners have filed a writ of mandamus praying for a direction to the Municipal Board

for removal and discharge of filthy and dirty water and the construction of proper

drainage or sewers for the discharge of such water. Section 98 of the Rajasthan

Municipalities Act 1959 deals with the primary and secondary functions of the Municipal

Boards. Amongst the primary duties enumerated in Section 98 of the Act, it has been

provided that the Municipal Board should make reasonable provisions for cleaning public

streets, places and sewers and all spaces not being private property and removing noxious

vegetation and removing of public nuisances; removing filth, rubbish or other noxious

and offensive matter and constructing drains, sewers, drainage works etc. under sections


64 AIR 1981 Raj 121.

144

174 to 187, extensive powers have been given to the Municipal Boards for the purpose of

maintaining cleanliness within the municipal area by repairing the existing drains,

directing the construction of new drains and controlling the drainage system.

The Municipal Boards are thus primarily responsible for maintaining sanitation and for

taking proper steps for creating and maintaining healthy conditions within the municipal

area. The Municipal Board Mandal contended that it is not the duty of the Municipal

Board to remove or discharge the accumulated water and construct proper drainage

system for the discharge of water accumulated in the chowk in Mundara Mohalla. Hence

the Court directed the Municipal Board, Mandal to remove the water and fifth collected

in the chowk in Mundara Mohalla, Mandal by the construction of proper sewers and

drains, so as to remove the cause of possible nuisance in the locality, within a period of

three months.

In Municipal Council, Ratlam v. Vardhichand and Ors65 the residents of a locality

within the limits of Ratlam Municipality, tormented by stench and stink by open drains

and public excretions by nearby slum dwellers moved the sub-divisional magistrate under

Sec. 133 Cr.P.C to require the municipality to construct the drain pipe with the flow of

water to wash the filth and stop the stench towards the members of the public.

The municipality pleaded lack of funds as the chief cause of disability to carry out its duties.

The magistrate gave directions to the municipality to draft a plan within six

months for removing the nuisance. The High Court approved the order of the magistrate,

to which the municipality further appealed to the Supreme Court. The issue was whether

a court can compel a statutory body to carry out its duties to the community by

constructing sanitation facilities.

The Supreme Court through Justice Krishna Iyer upheld the order of High Court

and directed the municipality to take immediate action within its statutory powers to

construct sufficient number of public latrines, provide water supply and scavenging

services, to construct drains, cesspools and to provide basic amenities to the public.

The Court also accepted the use of Sec.133 Cr.P.C for removal of public nuisance.

A responsible municipal council constituted for the precise purpose of preserving public

65 AIR 1980 SC 1622.

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health and providing better facility cannot run away from its principal duty by pleading

financial inability.

In L.K. Koolwal v. State of Rajasthan and Ors66 Mr. L. K. Koolwal has moved to

High Court in the matter of sanitation in Jaipur City. Numbers of affidavits have been

filed by the citizens of Jaipur relating to each of the locality referred to in the case to

show that the sanitation problem is acute in Jaipur which is hazardous to the life of the

citizens of Jaipur. Insanitation leads to a slow poisoning and adversely affects the life of

the citizen and invites the death at an earlier date than the natural death.

In this case the court held that it is the primary duty of the municipal council to

remove filth, rubbish, night-soil, odour or any other noxious or offensive matter.

The primary duties will have to be performed by the Municipal Board and there cannot

be any plea whether the funds are available or not; whether the staff is available or not.

It is for the municipality to see how to perform the primary duties and how to raise

resources for the performance of that duty. In the performance of primary duty no excuse

can be taken and can be directed also as it is primary, mandatory and obligatory duty to

perform the same.

In M.C. Mehta v. State of Orissa67 a writ of mandamus was filed to protect the

health of thousands of innocent people living in Cuttack and adjacent areas who were

suffering from pollution from sewage being caused by the municipal committee Cuttack

and the SCB Medical College Hospital, Cuttack. The main contention of the petitioner is

that the dumping of untreated waste water of the hospital and some other parts of the city

in the Taladanda Canal was creating health problems in the city. The State, on the other

hand contended that the central sewerage system had been installed in the hospital and

that there is no sewage flow into the Taladanda Canal as alleged. Further, it was asserted

that the State had not received any information relating to either pollution or of epidemic

of water borne diseases caused by contamination of the canal.

The Court reprimanded the authorities and directed the government to

immediately act on the matter. The court also recommended setting up of a committee to

66 AIR 1988 Raj 2.67 AIR 1992 Ori 225.

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take steps to prevent and control water pollution and to maintain wholesomeness of water

meant for human consumption amongst other things. A responsible municipal council

constituted for the precise purpose of preserving public health. Provision of proper

drainage system in working conditions cannot be avoided by pleading financial inability.

In B. L. Wadera v. Union of India ( popularly known as Delhi Garbage Case) 68,

the Supreme Court of India given a judgment touched garbage affairs of Delhi and issued

several directions to the local municipal authorities to perform up to satisfaction of

public, which all their statutory obligations. In Delhi Garbage Case, B. L. Wadera sought

directions to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal

Council (NDMC) to perform their statutory duties in particular the collection, removal

and disposal of garbage and other waste. The court observed that river Yamuna – the

main source of drinking water supply is the free dumping place for untreated sewage and

industrial waste. The rapid industrial development, urbanization and regular flow of

persons from rural to urban areas have made major contribution towards environmental

degradation but at the same time the authorities entrusted with the work of pollution

control cannot be permitted to sit back with folded hands on the pretext that they have no

financial or other means to control pollution and protect the environment. In its earlier

order dated December 16, 1994 the court had directed the MCD and Delhi Development

Authority (DDA) to place on record the list of all garbage dumping places and city

garbage collection centres. They were also asked to state what steps were being taken by

them to keep those places clean and tidy. The court further pointed that the collection and

disposal of garbage in the city of Delhi was causing serious problems. It was not for the

court to keep on monitoring such problems. The officers who were manning institutions

like MCD and NDMC must realize their responsibilities and show the end result.

After examining the relevant provisions of Delhi Municipal Corporation Act,

1957 (the Delhi Act) and the New Delhi Municipal Council Act 1994 (the New Delhi Act),

the court opined that the NCD and the NDMC were under a statutory obligation to

scavenge and clean the city of Delhi and that they had been wholly remiss in the

performance of their statutory duties. Non availability of funds, inadequacy or

68 (1996) 2 SCC 594.

147

inefficiency of the staff, insufficiency of machinery, etc., cannot be pleaded as a ground

for non-performance of their statutory obligations. In the light of the fact of the case,

court issued the following directions:

1. The experimental schemes placed by MCD and NDMC to distribute polythene bags

and door to door collection of garbage and its disposal were approved by the court.

2. Directions were issued to construct and install incinerators in all the government

administered hospitals/nursing homes, with 50 beds and above, preferably within nine

months.

3. The All India Institute of Medical Sciences, New Delhi was directed separately to

install sufficient number of incinerators, or an equally effective alternate, to dispose

of the hospital waste.

4. The MCD and NDMC were asked to issue notices to all the private hospitals/nursing

homes in Delhi to make their own arrangements for the disposal of their garbage and

hospital waste.

5. The Central Pollution Control Board (CPCB) and the Delhi Pollution Control

Committee (DPCC) were assigned the job to inspect the different areas of Delhi to

ascertain that the collection, transportation and disposal of garbage/waste is carried

out satisfactorily.

6. The Government of the National Capital Territory (NCT) of Delhi was directed to

appoint Municipal Magistrates for the trial of offences under the DMC Act and the

NDMC Act.

7. Doordarshan was asked to undertake a programme of educating the residents of Delhi

regarding their civic duties under the DMC Act and the NDMC Act.

8. The Ministry of Defence Production and Government of India was directed to have

the already ordered Tippers supplied to the MCD as expeditiously as possible and

preferably within three months.

9. The Development Commissioner and Government of NCT Delhi was directed to

handover two sites, near Badarpur on Jaitpur Pits and Mandi village near Jaunpur

Quiry Pits, to be used as Secured Land Filling (SLF) sites within three months.

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10. Direction was issued to review and put into operation the compost plant at Okhla.

MCD was also asked to examine the construction of four additional compost plants as

recommended by Jag Mohan Committee.

11. The MCD was instructed not to use the filled up SLF’s for any other purpose except

forestry. MCD was directed to develop forests and gardens on all 12 such sites.

12. The MCD and NDMC were directed to construct or install additional garbage

collection centres in the form of dhalaos, trolley and steel bins within four months.

13. The directions were issued to the Union of India and NCT, Delhi Administration to

consider the request from MCD and NDMC for financial assistance, in a just and fair

manner.

14. As disposal of garbage and solid-waste by 'SLF' method may not be possible after

some time due to non-availability of sites, the NCT Delhi Administration and also the

MCD and NDMC were directed by the court to join hands and engage an expert body

like NEERI to find out alternate methods of garbage and solid waste disposal.

The question of solid waste disposal once again came before the court in Almitra

H. Patel v. Union of India69 and the court in its order constituted a committee to look in

to all aspects of urban solid waste management and in particular to the following areas:

1. Examine the existing practices and to suggest hygienic processing and waste disposal

practices and proven technologies on the basis of economic feasibility and safety

which the corporations or government may directly or indirectly adopt or sponsor.

2. Examine and suggest ways to improve conditions in the formal and informal sector

for promoting eco-friendly, sorting, collection, transportation, disposal, recycling and

reuse.

3. To review municipal bye-laws and the power of local bodies and regional planning

authorities and suggest necessary modifications to ensure effective budgeting,

financing, administration, monitoring and compliance.

69 (2000) 2 SCC 679.

149

4. Examine and formulate standards and regulations for management of urban solid

waste and set time-frame within which the authorities shall be bound to implement

the same.

The committee submitted its report before the court. During the proceedings of

the case the court came to know that the fourteen directions issued by it in B. L. Wadhera’s

Case have not been complied till date. The court opined that keeping Delhi clean was not

an easy task but it was not an impossible one, what required were initiative, dedication

and professional pride. The court pointed that domestic garbage and sewage were large

contributor of solid waste and the problem became more complex because of a large

number of inhabitants living in unauthorized colonies and slums, having no proper means

of dealing with the domestic effluents.

The effect of failure of the direction issued in Delhi Garbage Case was clearly

reflected in the judgment when the court accepted its limitations and observed: “we

believe it is not for this court to direct as to how the municipal authorities should carry

out their functions and resolve difficulties in regard to the management of solid waste.

The court, in fact, is ill-equipped to do so. Without doubt the government agencies

including the local authorities have all the powers of the State to take action and ensure

that the city remains clean. They have only to wake up and act. The court should, however,

direct that the local authorities, government and all statutory authorities must discharge their

statutory duties and obligations in keeping the city at least reasonably clean”.

The court passed further directions which were in addition to and not in

derogation of the orders passed by it in Delhi Garbage Case:

1. The Municipal Corporation of Delhi, the Cantonment Board and all concerned

officials were directed to ensure that the relevant provision of the DMC Act, 1957,

New Delhi Municipal Council Act, 1994 and the Cantonments Act, 1924 relating to

sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or

other polluted obnoxious matters in any premises or prohibiting any person from

depositing the same in any street or public place shall be scrupulously complied.

2. The streets, public premises such as parks etc. shall be surface cleaned on daily basis,

including on Sundays and public holidays.

150

3. The MCD, NDMC and other statutory authorities were authorize to levy and recover

charges and costs from any person littering or violating provisions of the Acts, bye-

laws and regulations relating to sanitation and health, for violating the directions

being issued by the court.

4. The MCD and NDMC and other statutory authorities were directed to ensure proper

and scientific disposal of waste in a manner so as to sub serve the common good.

5. The court directed that sites for landfills be identified bearing in mind the

environmental considerations and the requirements of Delhi for the next twenty years

within a period of four weeks. The sites so identified shall be handed over to the

MCD or NDMC within two weeks of the identification, free from all encumbrances

and without MCD or the NDMC having to make any payment in respect thereof.

6. Union of India, Government of National Capital Territory of Delhi, MCD, NDMC

and other statutory authorities like DDA and Railways were directed to take appropriate

steps for preventing any fresh encroachment or unauthorized occupation of public

land for the purpose of dwelling resulting in creation of a slum. Further direction was

given to take appropriate steps to improve the sanitation in the existing slums.

7. The court further directed to identify and make available to the MCD and NDMC

within four weeks eight sites for setting up compost plants. Such sites shall be handed

over to the MCD/NDMC free of cost and free from all encumbrances within two

weeks of identification. MCD and NDMC were asked to take appropriate steps

thereafter to have the compost plants established or caused to be established and to be

in operation by 30th September, 2000.

8. Direction was issued by the court to regularly publish the names of concerned

Superintendents of Sanitation and such equivalent officers who are responsible for

cleaning Delhi, who can be approached for any complaint by the citizens of Delhi

together with their latest office and residential telephone numbers and addresses.

9. The Government of National Capital Territory of Delhi was directed to appoint

Magistrates within a period of six week for each board/Circle/Ward for ensuring

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compliance of the provisions of the MCD and NDMC Acts and to try the offences

specified, in relation to littering and causing nuisance, sanitation and public health.

10. The court asked all the concerned authorities to file compliance reports of these

directions within eight weeks. The Central Pollution Control Board was also directed

to file within the same time an affidavit indicating as to what extent the directions

issued have been complied with.

In Suo Motu v. Ahmedabad Municipal Corpn.70 at Ahmedabad due to rapid and

enormous growth of the city and the areas on its periphery are facing with many

problems, but the serious and alarming problems are pertaining to public health, hygiene

and sanitation. The civic bodies including the Ahmedabad municipal corporation are found

hopelessly lacking in solving these problems due to various reasons. Their weaknesses and

shortcoming get completely exposed during the monsoon and the aftermath of the

monsoon. Within first week of the monsoon, the roads start getting flooded with water,

the storm-water drainages start overflowing, the open plots get water logged, the

un-disposed garbage heaps found on the road side start stinking. In all areas within the

city and also outside it and also in the areas near railway tracks which are under the

jurisdiction of the western railway un-disposed garbage get soaked in the water causing

grave problem to the public health.

The legal provisions which relate to the public health and hygiene and the duties

cast upon the civic officials to safeguard and take adequate care of them are stated in,

The Gujarat Municipalities Act, 1963, the Bombay Provincial Municipal Corporations

Act, 1949 and the Panchayats Act, 1993. Further, the Court appointed a committee for

submitting detailed report of the hygienic situation in the Ahmedabad city. Based upon

the above said legislations and the report of the committee, the Court found that though

the civic authorities have been entrusted with certain important duties and they are

adequately equipped with the power and the means for the efficient discharge of these

duties, they have miserably failed, mainly on account of lethargy and lack of effort on the

part of the work force. It also reveals that for one reason or the other person in-charge of

70 (2006) 2 GLR 1129.

152

administration of these civic authorities have totally ignored such attitude of the

subordinates. Hence, the Court issued the following directions to the civic bodies:

i. Regular scavenging, collection of garbage to be done and maintained clean and

garbage free environment.

ii. Install litter boxes/containers at different points in adequate number.

iii. Prompt and efficient drainage to be maintained to prevent accumulation of water

during monsoon and to discharge domestic effluent.

iv. The civic bodies shall construct proper drainage net-work and to regularly carry

out its cleansing and de-silting operation, especially immediately prior to

commencement of the monsoon season to avoid its choking and the resultant

accumulation of water.

v. To provide public latrines, urinals and similar conveniences with modern facility

and to maintain them clean and in proper conditions.

vi. To evolve a proper cell for regularly scavenging the streets, removal and disposal

of garbage and solid waste and other obnoxious and polluted matters.

vii. To erect adequate number of garbage collection centres and to have adequate

number of pick up vans with adequate number of garbage collectors.

viii. To see that the solid waste and garbage are not thrown or littered outside the

collection centres.

The authorities also should educate the people well in time even by door-to-door

campaign during pre-monsoon period and also during the monsoon to prevent any

indifferent attitude of the people towards maintenance of cleanliness and unnecessary

water accumulation on private properties, which could provide ideal breeding places for

the mosquitoes generating diseases like dengue, malaria, etc. They should also give

adequate publicity on every means of media. The public authorities have to carry out all

these duties which have been prescribed in the Act, the Rules and the Bye-laws with all

earnestness and sincerity and in right spirit. They cannot avoid discharge of such duties

on the pretext that there are no adequate means available with them.

153

In Shelter Trust v. Union of India71 the petitioner prays for a Writ of Mandamus

directing the Kodaikanal municipality to stop the dumping of garbage in the

Seeradumkanal Village in Kodaikanal Taluk. According to the petitioner, the

Commissioner of the Kodaikanal municipality has been dumping mixed untreated

garbage consisting of wet market waste, house work glass, tins, plastics, papers and

carcasses etc., at a site in Seeradumkanal Village directly above the drinking water source

for Perumalmalai and Palani Town and the said site is also very close to the Tiger Shola

Reserve Forest.

He also contended that the presence of untreated mixed garbage including plastics

endanger the flora and fauna to the nearby forest areas and on account of plastics get

scattered all over the forest area, a number of wild and endangered animals have died in

the forest due to consumption of such plastics and on account of the dumping of

untreated wet garbage, lot of grey and silver biting flies get attracted to the site and these

flies then feed on wild animals causing their death. Therefore, according to the petitioner,

in public interest, safety and health, Commissioner of the Kodaikanal municipality has to

be stopped from dumping the garbage in Seeradumkanal Village in Kodaikanal.

The petitioner further contended that the site in question is unsuitable for disposal

of garbage and is a threat to the environment, if the Commissioner is permitted to dispose

of the garbage in the present location. According to him, there is clear violation of the

Municipal Solid Waste (Management & Handling) Rules, 2000 in all aspects.

On the other hand the Commissioner contended that the proposed site is

16 kilometres away from Kodaikanal town and 6 kilometres away from the old compost

yard and after reclamation and forming of roads, bridges, etc., the garbage of Kodaikanal

Municipality collected from Kodaikanal town are being dumped in the site. The mixed

garbage with plastic, glass, tins, etc., are being segregated first at the collection point itself

and carried to the dumping yard in lorries in separate compartments. It is the further

contention of the Commissioner that there is a ban for using plastics in Kodaikanal town with

effect from 16.06.2000 and anybody using plastics will be fined in accordance with the

Resolution No.2219 dated 04.06.2000 as approved by the municipal council of Kodaikanal.

71 Available at: http://indiankanoon.org/doc/165032/, (visited on 05.04.2014).

154

The Commissioner submitted that the site in question was selected by following

the due procedure and in fact, to the public notice issued by the District Collector calling

for objections against the assignment of site to him for the purpose of locating the

garbage disposal yard, there was no objection from the public and all the entire

expenditure was incurred by the municipality only with a view to dispose of the garbage

without causing any sort of problem to the general public. Moreover the Commissioner

stated that the necessary clearance was granted by the Tamil Nadu Pollution Control

Board.

The Court found from the report filed by the Commissioner as well as the

Pollution Control Board, that the municipality is in the process of implementing the

various measures as suggested by the Pollution Control Board and the municipality itself

appears to have fixed an outer time limit for completion of various measures and

earmarked funds for the same. The success or failure of the scheme initiated by the

municipality could be decided only after the completion of the measures taken in

compliance with the direction of the Pollution Control Board and as such, it is too

premature to comment on the possible effect on the environment in case the garbage is

disposed in the present premises. Hence the Court dismissed the Writ petition.

In Sat Priya Mehamia Memorial Education Trust (Regd.) v. State of Haryana and

others72the facts of the case were, an area measuring 20 Bighas 19 Biswas was acquired

on the Jind Rohtak Road as early as in the year 1975 for dumping of municipal waste

from the municipal limits of Rohtak. The said site has ever since then been used as a

dumping site of municipal solid waste. The site which was at the time of its acquisition

outside the municipal limits of Rohtak was brought within the said limits in the year

1990. Nearly 20 years after the acquisition of the dumping site, the petitioner trust

purchased a large area measuring 25 acres at a short distance away from the dumping site

for construction of a school. The school came up in due course to which nearly 1000

students are said to have been admitted over the years. The dumping of municipal solid

waste at the site mentioned above is causing air pollution and is contrary to the Municipal

Solid Wastes (Management and Handling) Rules, 2000 framed under the Environment


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(Protection) Act, 1986. Since the dumping site is merely 200 meters away from the

school, the petitioner trust has filed the writ of prohibition restraining municipal council,

Rohtak from dumping the municipal solid waste at the said site. A mandamus directing

the municipal council to take immediate steps in the matter including steps by way of

shifting the municipal solid waste to a far flung, remote and uninhabited place, has also

been prayed for.

The petitioner contended that no facility for disposal of municipal solid waste

could be set up without the prior approval of the authorities in terms of Rule 6(2) of the

Municipal Solid Wastes (Management & Handling) Rules, 2000. It was contended that

although the disposal of the solid waste by landfill method was pre-existing as on the date

of promulgation of the said Rules, the same did not permit making of any improvement in

the method already in use by way of setting up of solid waste treatment plant.

On the other hand the respondents contended that the landfill method was one of

the modes of disposal of solid waste and the said facility having been set up 25 years

before the framing of the Rules could not be shut down just because someone had with

his eyes open purchased land in the vicinity of the facility and was finding the same to be

a source of nuisance to him or to his establishment. It was urged that paragraph No.5 of

Schedule III of the Rules, 2000, permitted improvement of an existing facility to bring

the same in accord with the specifications given in the said Schedule. Setting up of a

Solid Waste Treatment Plant at considerable expense of Rs. 19 Crores was nothing but an

improvement of the existing facility which was clearly permissible and against which the

petitioners could make no grievance.

The Court observed that Rule 6 of the Municipal Solid Wastes (Management &

Handling) Rules, 2000 fixes the responsibility of the Central and State Pollution Control

Boards and the Committees to monitor compliance with the standards regarding ground

water, ambient air etc., as specified in Schedules (II) (III) and (IV) of the said Rules.

It also provides for making of applications by the municipal authorities or the operator of

a facility for grant of authorization for setting up waste processing and disposal facility

including landfills, which applications have than to be examined after taking into

consideration the views of other agencies like the State Urban Development Department,

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the Town and Council Planning Department, Air Port or Air Base Authority, or the

Ground Water Board as the case may be. A conjoint reading of Rule 6 and Para No.5 of

Schedule III results, that for continued use of landfill sites, it is unnecessary for the

municipal authorities to apply to the Board or the Committee nor is it necessary for the

Board or the Committee to take views of other authorities or agencies mentioned in Rule

6 (2) of Rules, 2000. The landfill sites existing as on the date of framing of the Rules

have only to be improved in accordance with the specifications given in the Schedules.

There is consequently no prohibition for use of an existing landfill site by the municipal

authorities. Hence, the court dismissed the writ petition with costs.

In S. Nandakumar v. The Secretary to Government73 The petitioner is the

President of Kuthambakkam Panchayat, which is stated to be a model village and

nominated for the UN Habitat award and the recipient of commendation from the United

Nations. The Panchayat by name Kuthambakkam Panchayat, situated at Poonamallee

Taluk, Thiruvallur District consists of seven hamlets and agriculture is the main source of

livelihood for the villagers. There are about 1,195 families and more than 55% of them

are Dalits and landless labourers. Nearly 1000 cattle of the villagers are dependent on 100

acres of common grazing land in the village. These livestock also provide a substantial

source of livelihood for the villagers at Kuthambakkam. For many of these families the

cattle they possess is a major source of livelihood and being landless, they are entirely

dependent on the common grazing lands. In the absence of these grazing lands, cattle

cannot survive and the villagers would be left with no other economic sustenance.

The revenue records of Kuthambakkam Village shows that an extent of 99.61 acres of

land in Survey No.820/1C had been classified as grazing ground and the said land is vested

with the petitioner Panchayat as provided under Sections 132 and 134 of the Tamil Nadu

Panchayats Act. The said land which is the communal property of the villagers of

Kuthambakkam village is being administered by the petitioner for common benefit.

The village is situated less than 50 metres from Chembarabakkam Lake, which is a fresh

water lake and is one of the main sources for supply of drinking water to Chennai City

and its suburban areas. The entire Kuthambakkam and neighbouring area which consists

of vast tracts of agricultural land, is the main catchment area for the Chembarambakkam


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Lake. While the matters stood thus, the Municipalities of Ambattur, Maduravayal,

Tiruverkadu, Valasaravakkam, Poonamallee and Porur Town Panchayat appears to have

approached the Government with a proposal for establishing a Municipal Solid Waste

Generation Station. The local bodies were in need of adequate lands for establishing

common Integrated Solid Waste Management and sanitary land fill facility. The Collector

of Thiruvallur District identified the grazing land in Kuthambakkam village as the

suitable site for setting up the proposed project and it was intended for all these local

bodies. However before taking a decision by the Collector and the Government, no notice

was issued to the Village Panchayat. There is a prescribed procedure as contained under

Section 134 of the Tamil Nadu Panchayats Act and Rules 3 and 4 of the Tamil Nadu

Panchayats (Restriction and Control to Regulate the use of Porombokes in Ryotwari

Tracts) Rules, 2000, in the matter of taking over the land for any other specific purpose.

However, the said procedure was not followed by the District Collector. In fact, when the

petitioner and the other villagers came to know of the proposal through other sources,

they have promptly approached the authorities. The Panchayat also passed a resolution

against the proposal. In the meantime, the petitioner came to know that the Government

has passed an order as per G.O.Ms.No.78 dated 23 February, 2009 conveying the land in

favour of the local bodies.

On the other hand the learned Advocate General appearing on behalf of the

Government justified the action taken in public interest. According to him, before issuing

the order in G.O.Ms.No.78 dated 23 February, 2009, the objections submitted by the

village panchayat as well as the villagers were considered and a reference to that effect is

contained even in the impugned Government Order. According to the learned Advocate

General, everything depends upon the clearance to be given by the Environmental

Assessment Authority and the no objection certificate issued by the Pollution Control

Board is only tentative in nature. The learned Advocate General made a statement before

us that in case the Environmental Assessment Authority comes to a conclusion that the

subject site is not fit for establishing the Solid Waste Management Plant, the land would

be returned to the Kuthambakkam Panchayat.

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Based on the contentions the Court issued the following directions:

i. The concerned panchayat and the municipalities are directed to approach the

Environmental Impact Assessment Authority with full particulars of the proposed

common Solid Waste Management Plant.

ii. The Environmental Impact Assessment Authority is directed to give a copy of the

application submitted by the municipalities and panchayat for granting prior

environmental clearance in the matter of establishing the solid waste management

Plant to the panchayat so as to enable the petitioner to submit their views or

objections in the matter.

iii. The Kuthambakkam Panchayat and the local affected persons should be given an

opportunity to offer their comments during the public hearing.

iv. The environmental and ecological aspect of the project should be evaluated by the

statutory authority before granting clearance.

v. In case the Environmental Impact Assessment Authority rejects the application for

prior environmental clearance, liberty is given to the Kuthambakkam Panchayat to

approach the Government for cancellation of the allotment to respondents 7 to 12, in

view of the statement made by the learned Advocate General.

In Gram Panchayat Totu (Majthai) & ors v. State of Himachal Pradesh & ors74 in

the year 1999, a Solid Bio-Waste Management Plant (hereinafter called as MSW, Plant)

was installed by Shimla Municipality (hereinafter called M.C. Shimla) at a place

commonly known as Darni-Ka-Bagicha, Lalpass, Shimla. By afflux of time, the

Township of Shimla grew all around the place consequently the MSW Plant became

virtually situated in the middle of the town. The plant, unfortunately did not work

satisfactorily, as a result of which, stench and foul smell emanated from the site and

Polluted the surroundings, consequently the residents of the area were affected adversely

due to the foul smell. The municipality, it appears had entrusted the management of the

plant to a private company which did not possess the necessary technical know how to

74 National Green Tribunal, Principal Bench, New Delhi, dated 11.10.2011 (visited on 06.04.2014),available at: http://www.greentribunal.gov.in/judgment/2-2011(RA)_11Oct_final_order.pdf.

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run the plant, consequently the entire area was polluted and it caused nuisance to general

public at large.

In the year 2003, a Committee was constituted to shift the site of Solid Bio Waste

Management Plant from Darni-Ka-Bagicha to some other suitable place. The commissioner

of M.C., Shimla and other officers visited several places around Shimla and selected two

sites suitable for locating the MSW plant. After much deliberations, the Committee

selected the site near village Bharyal situated at Tara Devi - Totu Bye Pass for the said

purpose, and a proceeding was drawn up on 2nd September, 2003. In consonance of the

said decision, necessary steps were taken for obtaining allotment of lands and

permissions from different authorities concerned, as per the Municipal Solid Waste

(Management and Handling) Rules, 2000.

While matters stood thus, in the year 2009 unfortunately the MSW Plant which

was situated at Darni-Ka-Bagicha caught fire and the M.C. Shimla could not control the

same. The fire continued for more than 72 hours and created an alarming situation all

around. The obnoxious smell and smoke emanating from the dump site engulfed not only

the surrounding areas but also the entire town, posing immense health risks, like

respiratory ailments amongst the residents of the locality. It appears that the fumes and

smoke arising from the fire threatened the residential houses situated in the surrounding

areas and entered into the High Court premises, thereby causing disruptions in the day to

day work. The incident was reported in a number of newspapers including The Indian

Express and Dainik Bhaskar. The Hon’ble High Court of Himachal Pradesh on the basis

of newspaper reporting took suo-moto cognizance and registered CW PIL No.56 of 2009

and issued notices to M.C. Shimla, State Government and others.

After hearing the parties and taking note of the situation, the Hon’ble High Court

by order dated 22nd December, 2009, constituted a one man High Power Committee

consisting of the Principal Secretary (Power), Government of HP and directed to submit a

report. On 23rd December, 2009, the High Court observed as follows “We are conscious

of the fact that the present place of dumping of garbage is not suitable. It is on the by-

pass road and it has already played havoc with the environment and ecology of the area.

Consequently, we direct the Forest Department through Additional Chief Secretary

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(Forest), Divisional Commissioner, Shimla and District Magistrate, Shimla to provide

landfill site near the site where the new Bio-conversion plant has to be set up within a

period of four weeks from today positively. This peremptory direction has been issued to

protect the health of the entire town, which has been put to peril by the inept handing of

the garbage by the functionaries of the Municipal Corporation, Shimla. The functionaries

of the Himachal Pradesh Pollution Control Board shall render all assistance to the

municipal corporation, Shimla in getting the new site by allowing all the permissions

expeditiously. It shall be open to the municipal corporation, Shimla to dump garbage as

per the provisions of the Municipal Solid Wastes (Management and Handling) Rules,

2000 at the new landfill site after a period of one week of the handing over of the site by

the district authorities. It is made clear that no person shall cause any hindrance in

selecting and handing over the site of landfill and dumping of the garbage at the new site.

Any hindrance / impediment / obstruction caused to the works of the municipal

corporation, Shimla while dumping the garbage at the new landfill site shall amount to

contempt of the Court and the persons shall be dealt with sternly”.

The applicant made a submission before the NGT that there is fragrant violation

of the citing criteria prescribed in Schedule-III more particularly under Clause 8 and 10

of the said schedule. According to Respondents way back in the year 2003, it was felt that

the area i.e Darni-Ka–Bagichal, Lalpani, Shimla, where the solid waste management

plant was situated had become thickly populated, several residential colonies having been

set up in the vicinity by afflux of time. The M.C. Shimla, therefore, proposed to shift the

plant to a distance place. The committee set up for the purpose after visiting several sites

finally selected the village Bharyal as a suitable place and accordingly steps were taken

for allotment of Government land. Necessary applications were filed before competent

authorities for allotment of land and granting permission to convert the said land for non-

forestry purpose. After considering the suggestions, the Ministry of Environment and

Forests, Government of India granted necessary permission to divert the forest land for

the purpose of setting up of the Solid Waste Management Plant at the site in question.

The M.C. Shimla had also obtained NOC from the Himachal Pradesh State Pollution

Control Board (HPSPCB) as well as Airport Authority of India for the Bio-composting

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plant only. However, necessary authorization for landfill site has not yet been given by

HPSPCB or others.

Therefore, the NGT disposed this original application upholding the decision to

set up the MSW Plant and Landfill site at Village Bharyal In Tara-Devi Totu Bye Pass

and direct the Project Proponent, municipal corporation Shimla to set up the said plant

only after following the mandatory requirement stipulated in Municipal Solid Waste

(Management and Handling) Rules, 2000 as well as after obtaining EC under the

provisions of EIA Notification, 2006 as amended in 2009 before commissioning of the

MSW facilities. The tribunal also directs the M.C. Shimla to plant at least two times of

the trees i.e. 219 x 2 and double the saplings i.e. 1055 x 2 of the same species which have

been felled by the project proponent to maintain ecological balance.

In Satpal Singh & ors. v. Municipal Council Gardhiwala & Ors75 The applicants

are inhabitants of Gardhiwala town. Admittedly, an open space used as “Hada Rori”

(place for disposal of the carcasses, hide, remains, etc. of dead animals) is situated

adjacent to the local grain market. There is no dispute about the fact that inhabitants of

Gardhiwala town used and are using, the said place for dumping of carcasses, hide and

remains of dead animals. The case put-forth by the applicants is that the carcasses of dead

animals spread over at the place and emit foul smell in the nearby area. The stray dogs

and scavenging birds loiter/hover around the remains of the dead animals, eat up some

parts of the bodies and also scatter bones of the dead animals around the place. The stray

dogs become furious, if passer-by goes near the place. There are some instances of dog

biting the passersby, including children. Thus, it causes nuisance to environment in the

locality. The municipal council failed to perform its obligation to clean the public place

by removing the remains of the dead animals. The Council totally failed to implement

MSW Rules.

With the result the pollution around the place of “Hada Rori” is enhanced and has

reached to the extent of intolerable level. Though, provisions under Section 154 and

Section 168 of the Punjab Municipality Act, 1911 cast duty on the municipal council to

75 National Green Tribunal, Principal Bench, New Delhi, dated 25.04.2013, (visited on 06.04.2014), available at:http://www.greentribunal.gov.in/judgment/15-2013(THC)(App)_25April2013_final_order.pdf.

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remove and dump the remains of dead animals to a proper place and ensure cleanliness in

the township, yet Municipal Council has failed to perform such a duty. The Respondents

also have failed to discharge their obligation. The Punjab Pollution Control Board is

required to monitor implementation of the MSW Rules. However, the Punjab Pollution

Control Board also committed dereliction in discharging such legal obligation. Though,

representations were made by the applicants to the Deputy Commissioner, yet the

Respondents did not pay heed to the requests for appropriate implementation of the MSW

Rules. The dumping ground (Hada Rori) ought to have been shifted to a proper place outside

the limits of the municipal council. The Applicants, therefore, filed the application before the

NGT seeking direction to the Respondents as indicated herein before.

The respondents argued that the MSW Rules are not applicable to the present

case. The disposal of dead animals will be governed by the Punjab Municipal Act, 1911.

They argued that the site of “Hada Rori” does not fall within the limits of municipal

council. They contended that due to non-availability of funds as well as non-availability

of alternative site, it is difficult to relocate the “Hada Rori”. Hence they sought dismissal

of the application.

The NGT found that the respondents are under legal obligation to ensure that

pollution free air is available to the residents of the locality near the site of dumping place

“Hada Rori”. The respondents cannot abdicate their legal responsibility on flimsy

grounds, like absence of fund or absence of land for relocation of “Hada Rori”. The

respondents have failed to implement Municipal Solid Wastes (Management and

Handling) Rules, 2000 and discharge their duties under the Punjab Municipal Act, 1911.

In the result, the NGT allows the application and direct the respondents as follows:

i. The respondents shall take immediate action to shift the dumping ground “Hada

Rori” to a suitable place outside the limits of Municipal Council and if necessary

by acquiring a suitable land, after negotiating with owner of such land and to

complete the shifting process within a period of six months.

ii. The Municipal Council shall construct a parapet wall around the place so selected

for “Hada Rori” with wire mesh affixed at least two (2) feet above on such

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parapet wall, which shall be of five feet height, in order to avoid entry of stray

dogs in the “Hada Rori” after shifting of the dumping ground.

iii. The Municipal Council shall consult experts as well as the Punjab Pollution

Control Board in order to examine whether the dumping can be made by creating

ditch of appropriate depth. The dead animals, being biodegradable waste, could be

processed to convert them into manure by composting under the provisions of

MSW Rules (Schedule II)if it is found that the same will not cause any adverse

impact on the ground water level and will not cause contamination/pollution of

the ground water. The respondents shall make arrangements for processing of

wastes within a period of one year.

iv. The Punjab pollution control board shall closely monitor the progress on alternate

site selection and construction in “Hada Rori” and shall file affidavit on the

progress once in six months, in the Registry of National Green Tribunal.

In Invertis University & ors. v. Union of India & ors.76 the applicant is a

registered society under the Society Registration Act, 1860. This society is formed to

encourage safeguarding of the environment and other human values in the younger

generation and has been carrying on various activities at the school as well as other levels

in furtherance of plantation, water conservation, water harvesting, etc. As the applicant is

more particularly associated with the students and young generation, it has closely been

following the developments pertaining to the setting up of the MSWM at Village Razau

Paraspur, in Bareilly. They made various representations to the higher authorities, and

even raised a protest in March, 2012. Several village Pradhans signed a memorandum

against locating the project in the vicinity of Village Razau-Paraspur. The MSWM

project is very close to Invertis University, Maharaja Agrasen Institute of Management,

SG Hospital, a water body, other villages and even NH 24. All through, the Society has

opposed the establishment of the project at the site in question for various reasons and

having failed to get redressal of its grievances at various administrative or executive

levels, hence they approach the tribunal.

76 National Green Tribunal, Principal Bench, New Delhi, dated 18.07.2013 (visited on 06.04.2014),available at: http://www.greentribunal.gov.in/judgment/992013(App)_18July2013_final_order.pdf.

164

After hearing both parties the court makes an order and direct:

a) immediate closure of the municipal solid waste management plant at Razau Paraspur,

Bareilly;

b) by a permanent prohibitory injunction, restraining Municipal Corporation Bareilly

from dumping any municipal waste at the site in question;

c) by a mandatory injunction, Municipal Corporation Bareilly to remove all the

municipal waste dumped at the site within four weeks;

d) the MSWM plant at Razau Paraspur, Bareilly, to be positively shifted to any

appropriate site within the territorial area of the municipality earmarked in the Master

Plan-2021 of Bareilly, for that purpose in consonance with MSW Rules, 2000.

e) Till the above is carried out, municipal corporation Bareilly may continue to dump

Municipal Solid Waste at the existing Solid Waste dumping grounds other than the

site in question for which Uttar Pradesh Pollution Control Board should provide clear

guidelines for site preparation, dumping, compaction, soil layering, disinfectant spray

etc. forthwith.

f) The site in question should be restored and developed as per master plan 2021.

4.10. Conclusion

India currently is facing a municipal solid waste dilemma, for which all elements

of the society are responsible. The community sensitization and public awareness is low.

There is no system of segregation of organic, inorganic and recyclable waste at household

level. There is an inadequate legal framework existing in the country to address

Municipal Solid Waste Management. What more is lacking is its implementation. In spite

of a stringent legislation in place, open dumping is the most wide spread form of waste

disposal. The possible reasons for poor implementation could be a combination of social,

technical, institutional and financial issues. Public awareness, political will and public

participation are essential for the successful implementation of the legal provisions

The informal policy of encouraging the public to separate MSW and market it

directly to the informal network appears to be a better option. The involvement of people

and private sector through NGOs could improve the efficiency of MSWM. Public

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awareness should be created among masses to inculcate the health hazards of the wastes.

Littering of MSW should be prohibited in cities, towns and urban areas notified by the

state government.

Moreover, house-to-house collection of MSW should be organized through

methods like collection on regular pre-informed timing and scheduling. The collection

bins must be appropriately designed with features like metallic containers with lids and to

have a large enough capacity to accommodate 20% more than the expected waste

generation in the area, with a design for mechanical loading and un-loading, placement at

appropriate locations, etc. Municipal authorities should maintain the storage facilities in

such a manner that they do not create unhygienic and unsanitary conditions. Proper

maintenance of the MSW transportation vehicles must be conducted and the Dumper

Placer should replace the old transportation vehicles in a phased manner.

Documents

MUNICIPAL SOLID WASTES MANAGEMENTshodhganga.inflibnet.ac.in/bitstream/10603/76685/11/11...107 CHAPTER-IV MUNICIPAL SOLID WASTES MANAGEMENT 4.1 Introduction Today, solid waste has emerged