CEE Jan-Mar 2012

Sengupta. Instead of the notice, a stricter penal action with higher monetary fines is needed, says Chandra Shushan , deputy director of Delhi's non-profit Centre for Science and Environment. The aim behind developing these guidelines is that they would enable more effective monitoring of conditions attached to clearances, says Sengupta. At present, ambiguity exists in the conditions. "In addition to the guidelines, 'model' clearance conditions should be chalked out that will make monitoring easier and more effective," he adds. The committee has suggested ways to improve the clearance conditions. They include effective waste management and development of sulphur dioxide standards for thermal power plants. The civil society has given a mixed reaction to the categorization. Ramesh Sharma of Ekta Parishad , a non-profit working on land and pollution matters, says, "At present, the authorities do not take action on their own. They work only after the affected people complain." This is a major lacuna in the system that has not been addressed in the guidelines. "However, if the guidelines are accepted, they will act as a vital tool to nail the government and corporates and making them accountable for pollution," he adds. Sengupta says, "The categorization of violations wi ll serve as a guideline for official s who inspect industries." But this alone would not result in effective monitoring. "Monitoring suffers because of poor manpower. Moreover, the provision of putting the offender in jail is not used , which may have served as a great deterrent," he adds. According to Shushan, the categorization will give leeway to companies to flout clearance conditions. "They may not take the not-so-serious offences seriously," he says. To ensure effective monitoring, manpower shortage and management systems in state pollution control boards and MoEF regional offices need to be addressed first, he says. Sengupta agrees. Monitoring needs to be strengthened quickly. As suggested by the Mauskar committee, monitoring should be outsourced to premier organizations like the Bureau of Energy Effi ciency and the Indian School of Mines for their respective fi elds of expertise. Shilpa Chohan, a Supreme Court lawyer, finds the categorization surprising. "EPA does not provide for any categorization of failure or contravention that may have been committed under the Act. It should be left to the court of justice to decide how to penalize offenders," she says. How can project proponents be let off if they are not complying? She asks. A senior MoEF official says, "We are neutral towards the guidelines. It is the duty of non-profits and the public to comment." Depending on the comments, the guidelines will be modified, adds the official who refused to be named. The guidelines are open for public comments till December 15. Courtesy: Down to Earth, Nov.16-30, 2011, P19. LIABILITY SANS FACILITY Draft rules ask health centres to ensure their waste is treated Moyna and Sadia Sohil To tackle generated by health industry, the waste the booming the Union environment ministry plans to amend the Biomedical Waste (Management and Handling) Rules of 1998. The ministry has posted the draft rules on its website in August for public comment and is evaluating the recommendations. Activists and doctors have launched a campaign against the draft ru!es as they do not provide a mechanism to handle the ever-increasing hazardous waste. Officials with state pollution control boards have also pointed out major loopholes that could render the rul es ineffective. Central Pollution Control Board (CPCB) officials, however, claim the draft rules have received little criticism. Medical waste must be disposed of in a scientific manner because they can infect people and contaminate the soil and water, spreading diseases like HIV, Hepatiti s and other infections. As per CPCB only 15 per cent of hospitals in the country have waste-treatment facilities. The draft rules make healthcare faciliti es and waste– treatment agencies equal ly liable for effective disposal of medical waste. J Chandra Babu, scientist at CPCB's Hazardous Waste Management Division, says healthcare facilities will now have to get authorization from state pollution control boards before applying for licences to state health departments. This wi ll help pollution control boards track the waste and ensure that they are disposed of properly. Unlike the existing rules, the draft rules require all clinics and hospitals, irrespective of the size, to have a waste-treatment facility or be registered with a common treatment plant. "Often, hospitals do not give a clear picture of the number of patients 64