National Green Tribunal: Justice M.S Nambiar, passed orders for a report filed by the Kerala State Pollution Control Board (KSPCB) in regard to the Bio-Medical Treatment Facility available in Kerala and damage being caused to the environment and public health due to the delinquent behaviour of the State Government.
It was submitted under the report that, some of the health care units were being operated without any consent or authorization as per the Bio-Medical Waste (Management and Handling) Rules, 2016. KSPCB stated that the excessive burden of duties and responsibilities does not allow them to move against individual unit in time and State has the responsibility to look for the shortcomings and overcome them i.e. the problem of shortage of staff has to be very seriously dealt on the part of the State.
The Tribunal has in an earlier application addressed the above issue and ordered the State of Kerala to sanction the required strength for the inspection and monitoring of various units under the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986. Delay in formulating the rules for the appointment of staff caused damage not only to the environment but also to the public health.
Therefore, State Government was directed to put up an action plan and without any delay formulate the required rules, so that, the situation does not reach to an alarming point for the environment and public health which are already being harmed. [The Tribunal v. State of Kerala, Application No. 43 of 2107 (SZ), order dated 17-11-2017]