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Polity & Governance, Ecology & Environment
Mahesh

30/10/22 20:14 PM IST

States fined thousands of crores over waste

In News 
  • The National Green Tribunal has slapped thousands of crores of fines on seven states on Supreme Court directions, totalling around Rs 28,180 crore and about Rs 2,000 crore in other cases.
  • The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.
Calculation of Penalty 
  • The NGT has equated the amount of penalty fixed on the states based on the “polluter pays principle” to environmental compensation and the cost of restoration.
  • The compensation for untreated liquid waste (sewage) was determined to be Rs 2 crore per million litres per day (MLD) and Rs 300 per tonne for unprocessed legacy waste.
  • The interesting thing is that it is the responsibility of the states to keep track of violations committed, as per the polluter pays principle while calculating the penalty.
  • Maharashtra alone has to pay up Rs 12,000 crore, while Rajasthan, West Bengal and Telangana have to pay over Rs 10,000 crore in total.
  • For Telangana, NGT imposed a fine of Rs 3,648 crore at the rate of Rs 2 crore per MLD of sewage for not being able to treat 1,824 MLD of the waste. It also imposed a penalty of Rs 177 crore for 5.9 million tonnes of legacy waste.
  • The NGT expects to revamp sewage treatment plants and waste sites in the next six months with the amount of fine levied on all states.
  • The bench has ordered the chief secretaries of all the states to deposit this penalty amount in two separate accounts.
  • This money will be used for time-bound sewage and solid waste treatment. 
Almitra H Patel vs the Government of India
  • About 26 years ago, in 1996, the case of Almitra H Patel vs the Government of India reached the SC regarding scientific treatment and management of solid waste and sewage. The matter dragged on for almost 18 years.
  • The SC passed comprehensive orders in 2000 and 2004 over handling waste, but the states did not follow through. The court referred the case to the NGT in 2014, saying the tribunal had expertise in the matter.
  • Handling of sewage and solid waste fines is covered in the 11th and 12th schedule of the Constitution, the NGT stated in all cases of non-compliance by the states.
  • “It is the constitutional responsibility of the state and local municipal bodies to provide a pollution-free environment to the people.
Source- DTE 

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