Rs 18 lakh Environ Compensation imposed on MS SMGS Hospital for violation of laws

PPE kits being burnt openly in SMGS Hospital Jammu.
PPE kits being burnt openly in SMGS Hospital Jammu.

Bio-medical waste being handled in most unscientific manner
Oldest hospital operational without mandatory consent

Mohinder Verma

JAMMU, Jan 13: Taking serious note of illegal and unscientific handling and disposal of bio-medical waste by the Government SMGS Hospital Jammu, the Jammu and Kashmir Pollution Control Board has imposed Environmental Compensation to the tune of Rs 18.28 lakh upon the Medical Superint-endent with the direction to deposit the same within 45 days failing which interest at the rate of 12% will accrue at the risk and responsibility of the officer.
Moreover, it has come to the fore that the oldest hospital of Jammu is operational without the mandatory consent to establish/operate under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 and authorization under the Bio-Medical Waste Management Rules, 2016.
Official sources told EXCELSIOR that persistent reports about illegal and unscientific handling and disposal of bio-medical waste by the Government SMGS Hospital Jammu were being received by the Jammu and Kashmir Pollution Control Board along with photographic evidence.
Accordingly, the matter was taken up with the Principal Government Medical College Jammu and Associated Hospitals and the Medical Superintendent of the SMGS Hospital by the Pollution Control Board through series of communications but no positive change on the ground was brought about by the concerned hospital management.
“Medical Superintendent of SMGS Hospital Dr Manoj Chalotra paid no serious attention towards installation of Sewerage Treatment Plant as a result of which the sewage generated from the hospital is discharged into the public sewer without any treatment in brazen defiance of the directions of the National Green Tribunal and in blatant violation of Bio-Medical Waste Management Rules, 2016 and Environment (Protection) Act, 1986”, sources said.
As the Medical Superintendent being the officer in command who controls the affairs of the SMGS Hospital failed to take the preventive measures despite repeated communications and advisories from the Pollution Control Board and other quarters, the Board issued a show cause notice to the officer on August 5, 2020 for levying of Environmental Compensation in the light of the directions of the National Green Tribunal.
Through the show-cause notice the Medical Superintendent was asked to explain as to why the Environmental Compensation be not levied upon him for his continuous failure to dispose of bio-medical waste in a scientific manner.
“The latest inspection report by the Regional Director Pollution Control Board Jammu indicates that the bio-medical waste is continuously being mixed with the municipal solid waste and is being disposed of by burning in the campus. Moreover, there are photographic evidences which clearly depict brazen violation of rules with impunity, which has caused irreversible damage to the environment besides being a serious health hazard”, sources said.
Taking serious note of this, the Regional Director PCB Jammu recommended the case for levying of Environmental Compensation on the Medical Superintendent of SMGS Hospital under Polluter Pays Principle in the line of the directions issued by the National Green Tribunal.
The matter was also referred for expert examination of the committee constituted in the Board for such cases which also recommended imposition of Environmental Compensation and fixed its quantum.
Accordingly, the Board has imposed Environmental Compensation to the tune of Rs 18.28 lakh upon Medical Superintendent of SMGS Hospital under Polluter Pays Principle and as per approved guidelines of the National Green Tribunal for violation of Bio-Medical Waste Rules, 2016 for the period commencing from the issuance of show-cause notice dated August 5, 2020 up to October 20, 2020 when the violation of Bio-Medical Waste Management Rules was still observed confirming the continuous violation by the Medical Superintendent.
He has been directed to deposit the amount in the Environmental Compensation Fund within 45 days. Moreover, it has been made clear in the order by the Pollution Control Board that on lapse of this period interest at the rate of 12% on the compensation amount will accrue at the risk and responsibility of Medical Superintendent of the hospital.
“The Environmental Compensation/penalty for such violation of environmental norms will continue as per environmental laws and approved guidelines on day to day basis till compliance as per rules in done and reported by the concerned”, the Pollution Control Board has made it clear in the order, the copy of which is available with EXECLSIOR.
Moreover, from the records of the Board, it has come to the fore that the oldest hospital of Jammu is operational without the mandatory consent to establish/operate under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 and authorization under the Bio-Medical Waste Management Rules, 2016.
“How the concerned authorities can turn blind eye towards this vital aspect is a million dollar question”, sources said.