Biomedical waste from Kerala being removed from Pazhavoor in Tirunelveli district of Tamil Nadu. File
| Photo Credit: A. Shaikmohideen
The southern bench of the National Green Tribunal (NGT) strongly criticised Kerala State authorities for failing to take strict action against those responsible for dumping biomedical and mixed solid waste from the State into neighbouring Tamil Nadu.
During the hearing on Thursday (January 2, 2025), the bench, comprising Justice Pushpa Sathyanarayana and expert member Satyagopal Korlapati, noted that the report filed by Kerala on the removal of waste was surprisingly silent about the quantity of waste removed from the border villages in Tirunelveli district of Tamil Nadu.
It was further submitted during the hearing that the Kerala State Pollution Control Board (KSPCB) issued a show-cause notice on December 19, 2024, to the Regional Cancer Centre, Credence Multispecialty Family Hospital, and Leela Kovalam resort. However, with the exception of Credence, no one had responded, and the KSPCB had taken no action.
While the counsel representing the Tamil Nadu Pollution Control Board (TNPCB) referred to the issuance of notice as an “eyewash”, the bench reprimanded the authorities for not taking more decisive action.
Is Kerala joining hands with violator, asks NGT
Additionally, the standing counsel for Kerala stated that a high-level meeting had been held in the State regarding the issue. However, the bench expressed surprise that IMAGE, the only agency authorised to handle biomedical waste in Kerala, was also part of the meeting and questioned whether the government authorities were “joining hands” with the violator.
“Surprisingly, the government’s report also states that a high-level meeting was held and a joint inspection conducted, with experts from IMAGE, the alleged violator in this case, being part of the process. Let the Secretary of the Environment Department, Kerala file another report answering the above question,” the bench directed.
The bench also expressed surprise as to why no show-cause notice had been issued to IMAGE despite its involvement in the violation. The bench suggested that, rather than relying on a single agency monopolising the handling of biomedical waste, Kerala could consider entering into agreements with authorised agencies from Tamil Nadu and Karnataka.
‘Show-cause notice not enough’
The bench categorically stated that the authorities’ duty does not end with issuing show-cause notices and emphasised that, following further investigation, the issue must be brought to a logical conclusion.
“Given the seriousness of the issue and the involvement of two states, the authorities have simply stopped at issuing a show-cause notice and have not pursued the matter further. The show-cause notice issued for revoking the consent to operate, along with its timeline, has also expired. As a result, the violators are allowed to operate without any hindrance due to the inaction of the authorities,” the bench noted.
The bench observed that, presuming two of the institutions involved are healthcare facilities and the others are merely holiday resorts, the authorities could have halted the latter’s operations until the KSPCB came to a decision following an enquiry.
CPCB told to issue guidelines
Further, the bench had previously directed the Central Pollution Control Board (CPCB) to intervene in the matter and advise the State PCBs on handling biomedical and other waste to prevent dumping in neighbouring States.
While the CPCB had earlier stated that they were in the process of issuing an SOP on this issue, it remains unclear whether the guidelines have been finalised and shared with the States for implementation. Although the CPCB is not a party to this proceeding, the bench has directed them to issue the SOPs and circulate the guidelines to the relevant States at the earliest.
The bench posted the matter for hearing on January 20, 2025. “If no satisfactory action is taken by the authorities, appropriate action will be issued by this tribunal which will not be palatable to the authorities,” it said.
Meanwhile, the standing counsel for the Tamil Nadu government informed the bench about four tankers of waste, including one containing human excreta, dumped in Kanniyakumari district on December 23, just a few days after the incident of biomedical waste dumping in Tirunelveli and the bench’s directions in the case.
In response, the bench stated that both States must take action: Kerala must stop sending waste and Tamil Nadu should set up a task force to enhance border monitoring of vehicular movement.
Published – January 02, 2025 02:32 pm IST
