CPCB Guidelines for Imposition of Environmental Compensation Charges for Healthcare Facilities and Common Biomedical Waste Treatment Facilities
The National Green Tribunal (NGT), has been striving to create a compensation scale for violations of Biomedical Waste Management Rules, 2016 (BMWM Rules, 2016) for protecting environment from Human induced damages wherein CPCB and SPCB were directed to frame such methodologies.
In furtherance to aims of NGT, CPCB created a scale to aid in recovering fines from those who violate BMWM rules. CPCB has been developing methodologies for assessing environmental compensation for non compliance by industrial units, which was derived based on pollution potential with respect to Air pollution, Water Pollution, Hazardous waste, scale of operations, days of violation and location factor.
Adopting similar approach, compensation for HEALTHCARE FACILITIES has been derived based on Health Risk factor, type of healthcare facility, size of operations, collection, handling, storage, transportation and disposal of biomedical waste.
In case of COMMON BIOMEDICAL WASTE TREATMENT FACILITIES, compensation based on Pollution Index has been derived based on compliance to emission norms, effluent discharge, sterilization process and compliance to other provisions stipulated under BMWM Rules, 2016
The NGT’s directives aim to ensure that the compensation for violating the BMWM Rules, 2016 is substantial enough to deter such violations in the future, thus protecting the environment and public health from the hazardous effects of improper biomedical waste management.
- Cases considered for Non-Compliance
The scenarios which will be considered as non-compliant and subjected to environmental compensation include:
A. Healthcare Facilities (HCFs)
- Lack of Authorization under BMWM Rules, 2016.
- Absence of an arrangement with a Common Biomedical Waste Treatment Facility (CBWTF) for the disposal of biomedical waste.
- Improper segregation of generated biomedical waste according to the color-coded system mandated under BMWM Rules.
- Failure to pre-treat yellow (h) category waste (including waste from microbiology, biotechnology, and other clinical laboratories).
- Inadequate storage facilities for segregated biomedical waste, specifically for bedded hospitals.
- Non-provision of an Effluent Treatment Plant (ETP) for wastewater treatment, essential when the city’s sewerage is not connected to a terminal Sewage Treatment Plant (STP).
- Non-compliance with other responsibilities specified for Healthcare Facilities under BMWM Rules, 2016
B. Common Biomedical Waste Treatment Facility (CBWTF)
Incinerator Emissions: Emissions from incinerators that do not meet the standards set under the BMWM Rules.
Treated Wastewater: Discharge of treated wastewater that fails to adhere to the prescribed standards under the BMWM Rules.
Autoclave/Microwave Standards: Non-compliance with the specified standards for autoclave/microwave treatment under the BMWM Rules.
Biomedical Waste Collection: Failure to collect biomedical waste in a timely manner from all member Healthcare Facilities (HCFs).
Other Violations: Additional breaches of the conditions stipulated under the BMWM Rules, 2016, or the Central Pollution Control Board (CPCB) guidelines.
2. Calculation of Environmental Compensation*
A. Healthcare Facilities (HCFs)
Environmental Compensation for HCFs = HR x T x S x R x N
Where;
HR – Health Risk factor
T- Type of Healthcare Facility
S – Size of Health Care Facility
R – Environmental Compensation factor
N – Number of days of Violation
It is specified that for any Healthcare Facility, the minimum Environmental Compensation shall not be less than Rs.1200 per day.
B. Common Biomedical Waste Treatment Facility (CBWTF)
Environmental Compensation for CBWTFs = PI x S x R x N
Where;
PI– Pollution Index
S – Size of Operation
R – Environmental Compensation factor
N – Number of days of Violation
It is specified that the minimum Environmental Compensation for any Common Biomedical Waste Treatment Facility shall be no less than Rs. 3,000 per day.
3. Deterrent Factors*
In an effort to deter violations of environmental rules and ensure they are not profitable for offenders, a deterrent mechanism has been introduced. This applies to cases of recurrent violations. Specifically, Environmental Compensation Charges (ECC) will significantly increase based on time period of Non Compliance under circumstances:
- When a HFC/CBWF do not comply with the corrective actions within the given timeframe as directed by the Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB), or Pollution Control Committee (PCC).
- When a HFC/CBWF fails to meet compliance standards during re-inspections.
This step addresses the essential aspects of concern highlighted by government notifications, emphasizing the significance of compliance with the Biomedical Waste Management (BMWM) Rules, 2016. The primary objective of these rules is to safeguard public health and ensure the protection of the environment.
Disclaimer: This is an effort by Lexcomply.com, to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.
