Orders passed in the petition:

1) 16.10.1995

List on 20.10.95

2) 16.02.1996

It is appropriate that in addition to the Ministry of Environment/the Union of India, the Union of India as such should also be impleaded and so also the State of Madhya Pradesh and the Central Pollution Control Board and the State Pollution Control Board of Madhya Pradesh. They be added as respondents in this writ petition.

Shri P. Parmeshwaran, learned counsel, takes notice of Union of India. Learned A.S.G.-Shri Altaf Ahmed appears on behalf of Union of India and seeks some time to file reply of the Central Government giving therein all the material and relevant particulars.

Notice be served on the standing counsel of State of Madhya Pradesh, Central Pollution Board and State Pollution Control Board of Madhya Pradesh.

Reply to be filed within four weeks.

List the matter on 25.3.96.

3) 25.03.1996

The learned Additional Solicitor General seeks two weeks further time to file a detailed reply. Reply by all the notice to be filed within two weeks.

List the matter on 8.4.96.

2) 08.04.1996

The affidavit filed on behalf of the Central Govt. is not satisfactory. The learned Additional Solicitor General prays for grant of some more time to have a better and more detailed affidavit filed on behalf of the Central Govt giving therein all the requisite particulars. This be done within 10 days.

List the petition on 22.4.96.

3) 22.04.1996

Inspite of time having been granted on more than one occasion to the Central Government to file an appropriate counter affidavit giving therein all the relevant details, the required compliance has not been made on behalf of the Central Government even till today. We are constrained to observe that the concerned Ministries of the Union of India have failed to bestow the needed attention to this matter inspite of the great significance of the subject matter. We are informed that in the meantime, there is a matter also in the Delhi High Court in which some interim order has been made against the Central Government. It appears that even an order of that kind has not bestirred the concerned authorities into action and the inertia continues. In these circumstances, we are left with no option but to direct the personal presence of the Secretary, Ministry of Environment, Government of India, to ensure the filing of the required affidavit on behalf of the Central Government within one week and we also direct the Secretary to remain present personally in the court on the next hearing.

Learned A.S.G. would also instruct any other officer of the Central Government whose presence he considers necessary at the next hearing when the application made for issuance of ad-interim direction would be taken up for consideration. The names of the officers, whose personal presence at the next hearing is considered necessary by the learned A.S.G., would be indicated by him to the Secretary, Ministry of Environment, who will then ensure the personal presence of all those officers in the court on the next date.

List the matter on 30.4.96.

4)  30.04.1996

Learned Additional Solicitor General submits that Mr. N.R. Krishnan, Secretary to Govt. of India, Ministry of Environment & Forests, who is present here wants to file more comprehensive affidavits giving all the relevant facts relating to this matter and that certain affidavits would be filed by 4.5.96. He prays that the matter be taken thereafter. On his request, list on 6.5.96.

5) 06.05.1996

List the matter on 10.5.96.

6) 10.05.1996

List the matter on 30.7.96.

7) 30.07.1996

Mr. T.K. Nair, Secretary of the Ministry of Environment is present in Court. He assures us that the problems pointed out in the petition are being examined and that the concerned authorities are now alive to the need for prompt action in this behalf. He also assures us that he is personally looking into this matter and that he would be able to report further progress after some more time.

List on 7.10.96.

8) 04.11.1996

Learned Additional Solicitor General pointed out the Notification dated 27th September, 1996 published in the Gazette of India dated 3rd October, 1996 to indicate the action which has been taken by the Central Government in the meantime. He submitted that the procedure initiated with the issuance of this Notification would be completed as expeditiously as possible and the other steps which are required to be taken in this behalf would also be taken promptly. He requested that the matter may be taken up after some time to enable the Central Government to report further compliance in the matter.

List on 13.1.1997.

9) 13.01.1997

It is appropriate that this matter be heard by the same Bench (Hon. J.S. Verma and B.N. Kirpal, JJ) which has been hearing it earlier. The Registry to take steps to list the matter before that Bench.

10) 12.02.1997

The learned Additional Solicitor General has submitted a report of the action taken by the authorities in the meantime. The same is taken on record.

The learned Additional Solicitor General then submitted that the concerned authorities are conscious of the fact that a lot needs to be done and that the progress made so far cannot be described as satisfactory. He submits that some more time may be given to the authorities, to take all such action which is needed and is feasible at present and to report compliance thereof. In view of the assurance given by the authorities through the learned Additional Solicitor General to show improvement in the functioning and better results, we adjourn the matter. A detailed report of the action taken be filed by 1.4.1997.

List on 8.4.1997.

11) 05.05.1997

The learned Additional Solicitor General stated on instructions that the quantity of hazardous waste generated in the country each day is about two thousand tons. This fact alone indicated sufficiently the magnitude of the problem and the promptitude with which it needs to be tackled before the damage becomes irreversible. There is, therefore, no time to lose. Prompt action is required to be taken not only by the Central Government but also by all the State Governments as well as the Central and the State Pollution Control Boards. It is obvious that there has been considerable inaction so far by all the concerned authorities, including the Pollution Control Boards. Authorisation/permission granted so far without ensuring the availability of the required safe disposal sites is a matter of serious concern and will require further examination to fix the responsibility of persons whose duty it was to ensure availability of safe disposal sites at the time of granting authorisation/permission. However, it is necessary that the suitable direction may be given at this stage to prevent as much damage in the future as possible on account of the unchecked activity of import/generation disposal of hazardous waste in the country.

The learned Additional Solicitor General also submitted that appropriate directions by this Court are necessary to ensure performance of duty by the State Governments, the Pollution Control Boards and other concerned authorities. The learned Additional Solicitor General has also submitted a Memorandum prepared by the Ministry of Environment and Forests indicating the tasks accomplished by the MOEF so far and the proposed action plan by it.

1. Notice to all the State Governments and the State Pollution Control Boards to file their reply within four weeks of the receipt of the notice of the action taken by them in this behalf, particularly with reference to the identification/notification and availability of safe disposal sites; the steps taken to ensure safe disposal of hazardous waste in their State, particularly while granting any authorisation/permission. They must also indicate the action plan, if any, made by them for tackling the problem relating to hazardous waste.

2. With effect from today no authorisation/permission would be given by any authority for the import which have already been banned by the Central Government or by any order made by any Court or any other authority.

3. With effect from today no import would be made or permitted by any authority or any person of any hazardous waste which is already banned under the Basel Convention or to be banned hereafter with effect from the date specified therein.

In view of the magnitude of the problem and its impact, the State Governments are also required to show cause why an order be not made directing closure of the units utilising the hazardous waste where provision is not already made for requisite safe disposal sites. Cause be also shown as to why immediate order be not made for the closure of all unauthorised hazardous waste handling units.

The notices to the State Governments and the State Pollution Control Board be served through the Central Agency.

List the matter on 4th August, 1997.

12) 04.08.1997

It does appear to us that all the State Governments have not taken the steps required of them under the applicable laws as well as our earlier directions. We find that in spite of considerable time having been given, all the material facts also have not been placed before us on affidavit by the concerned authorities. We are left with the impression that even now all the authorities do not appear to appreciate the gravity of the situation and the need for prompt measures being taken to prevent serious adverse consequences if the problem is not tackled immediately. In such a situation when the learned Additional Solicitor General also says that the Central Government has not been given full information by all the State Governments about the compliance by them of the directions of this Court, we are left with no option except to constitute an appropriate Committee to ensure that the needful is done to arrest further growth of this problem. Learned counsel for the petitioner and the learned Additional Solicitor General are requested to furnish the names of some suitable persons including experts who could be appointed to such a Committee. They may do so within a week.

13) 19.08.1997

The copies of the affidavits filed by the concerned authorities be furnished to the learned Additional Solicitor General as well as to the learned counsel for the petitioner if that has not already been done. Full compliance of all the earlier directions including the present be made within two weeks. Learned Additional Solicitor General submitted that it would be possible for him to suggest the names of persons who may be appropriate for being nominated to the Committee as indicated in the previous order dated 4.8.1997 and the terms of reference within two weeks.

Heard learned counsel for the applicant—Rajasthan Pollution Control Board. Issue notice of the applications to M/s.Jagatjeet Cotton Textile Mills. Meanwhile, the operation of the order dated 8th August, 1997 in Misc. Civil Case No.41 of 1997 shall remain stayed.

15) 13.10.1997

The learned Additional Solicitor General informs us that the Government of India, Ministry of Environment and Forests has taken a decision to constitute a High Powered Committee with Prof. M.G.K. Menon, former Minister for Science and Technology, Government of India as its Chairman to examine in depth all matters relating to hazardous wastes and to give their report/recommendations at an early date. The composition of the Committee is indicated as under:

The Addl. Solicitor General submitted that a copy of the notification issued by the Government of India to this effect would be filed in these proceedings for record. The notification is expected to be issued by the Government of India within a week. The Committee so constituted is requested to submit its first report in this Court within a period of two months of its constitution.

Learned counsel for JCT Limited, Sriganganagar submits that the suit filed in the Civil Court at Sriganganagar is to be withdrawn and a reply to this effect would be filed within two weeks.

16) 15.12.1997

The learned Additional Solicitor General informs us that the Committee constituted by the earlier Order dated 13.10.1997 has been provided the necessary infrastructure to start functioning and its first meeting is to be held on 18.12.1997. The learned Additional Solicitor General also informed us that notification has been issued on 17.10.1997 as amended on 27.11.1997 incorporating therein a residuary term XII to consider any other related area as the Committee may deem fit.

It is appropriate that the Committee also consider the question "to examine the quantum and nature of hazardous waste stock lying at the docks/ports/ICDS and recommend a mechanism for its safe disposal or re-export to the original exporter." The learned Additional Solicitor General would arrange for this information being given to the Committee. A copy of this Order be given to the learned Additional Solicitor General, who will arrange delivery of the same to the Committee. Any other matter which is significant in this behalf may be brought to the notice of the Committee for due consideration by the petitioner.

The High Powered Committee on Management of Hazardous Wastes constituted in pursuance of the directions contained in the order dated October 13, 1997 has submitted its interim report as on 31.1.1998. In the said report, it is stated that containers containing the hazardous waste material including oil wastes were found lying at the Inland Container Depot, New Delhi as well as in the yard of the Bombay Port Trust, Bombay.

In the Order dated December 15, 1997 this Court has observed that the Committee should consider the question to examine the quantum and nature of hazardous waste stock lying at the docks/ports//ICDS and recommend a mechanism for its safe disposal or re-export to the original exporter. It appears that the Committee has asked for the information in this regard from the concerned Government authorities. The concerned authorities are directed to furnish the requisite information to the Committee within 10 days. The Committee is requested to submit its report with regard to the aforesaid matter by March 16, 1998. The Customs Authorities and other authorities having custody of the hazardous wastes are directed neither to release nor auction the said wastes till further orders are passed by this Court in that regard.

We have perused the interim report sent by the High Powered Committee dated March 16, 1998 wherein it is mentioned that out of the 11 ports, information has been supplied by three ports, namely, Jawaharlal Nehru Port Trust, Mumbai, New Mangalore Chennai Port Trust and ICD Tughlakabad. Shri A.D.N. Rao, the learned counsel appearing for the Union of India states that thereafter the requisite information has been made available to the Committee yesterday. The Committee is requested to consider the matter and submit its report on the matters mentioned in our Order dated December 15, 1997 by April 20, 1998. The direction contained in the Order dated February 6, 1998 will continue till further orders.

19) 03.08.1998

We have perused the interim report of the High Powered Committee on Management of Hazardous Wastes as on April 20, 1998 and keeping in view the said report we adjourn the matter for six weeks. In the meanwhile, the High Powered Committee is requested to submit the final report as regards Hazardous Wastes lying at various docks/ports/ICDs.

The copy of the said report may be supplied to be learned counsel for the parties as per rules.

20) 19.03.1999

The Final Report on Wastes lying in the Ports and Customs of the High Powered Committee has been received. Copies of the same should be given to all the counsel appearing in this case within three weeks from today who may give their response/suggestions within four weeks of the receipt of the copies.

I.A. No.10/98 filed on behalf of M/s. Shivalik Chemicals (P) Ltd. & Anr. is dismissed as withdrawn.

I.A. No.11/99: Issue notice. Mr. P.P. Malhotra accepts notice. The Ministry of Labour should file an affidavit stating the position of the workers as regards industrial hygiene standards and workers’ safety and health in the hazardous wastes generating industries. The said affidavit be filed within six weeks. I.A. stands disposed of.

22) 24.09.1999

I.A. No.11: Affidavit be filed by Mr. P.P. Malhotra on behalf of Ministry of Labour within a week with copy to Mr. Sanjay Parikh who may give his response within two weeks thereafter. The affidavit along with the response should then be sent to the High Powered Committee for its consideration with regard to term of reference No.(iv). The report may be given within four weeks of the Committee receiving the said affidavit/response.

I.A. No.12: Issue notice, Mr. Altaf Ahmed, ASG accepts notice on behalf of Ministry of Environment & Forests. Direction is given to the Ministry of Environment & Forests to render proper and effective assistance and support to the High Powered Committee so as to enable the Committee to complete its work at the earliest. IA is disposed of.

With regard to the term contained in page 13 of the Report of the High Powered Committee, the said Report gives the recommendations. The other terms of reference contained in the Notification dated 17th October, 1997 have yet to be dealt with and reports submitted by the High Powered Committee. Now that direction has been issued to the Ministry of Environment & Forests to render all assistance in the manner required by Prof.Menon, it is hoped that the final Reports will be submitted at the earliest. Mr. Vijay Panjwani has drawn our attention to the letter dated 30th July, 1998 (page 209 of the Report) in which it is stated that the High Powered Committee was expected to give its recommendations by January 1999. Perhaps because full assistance was not rendered, the reports which were proposed have not been finalised. It is hoped that these reports will be submitted without much delay.

To come up for further orders on 10th December, 1999.

23) 10.12.1999

Despite order dated 24th September, 1999 having been passed, as often happens once again request is made for time to file affidavit on behalf of Ministry of Labour, which is a prayer in I.A. No.11. On 24th September, 1999, the counsel had stated that the said affidavit will be filed within a week. Many weeks have passed but affidavit has still not been filed. The time of the Court has been wasted. However, we grant four weeks’ time to file the affidavit subject to payment of Rs.5,000/- as costs.

The Additional Solicitor General has filed in Court an affidavit of Dr. M. Sengupta, Director, Ministry of Environment & Forests, in which it is prayed as follows:

The recommendations of the High Powered Committee has been summarised in the said affidavit. Mr. Sanjay Parikh submits that he objects to the recommendations but is at the present moment not in a position to elaborate the said objections. As far as this Court is concerned, a High Powered Committee has been set up to deal with the problem of hazardous wastes which were lying at various ports of India. It is not in public interest that this type of waste, which admittedly is hazardous, should be permitted to continue to lie for any long period of time. Any adjournment would necessarily have this effect.

We, therefore, deem it proper to accept the prayer of the Ministry of Environment & Forests and we authorise the Union of India to act on the recommendation of the High Powered Committee with respect to the wastes lying in the Ports/Customs/ICDs. The Central Pollution Control Board will oversee that the recommendations of the High Powered Committee are faithfully followed by the Union of India in respect thereto.

The Union of India is also permitted to put into effect the procedure formulated by the High Powered Committee for ensuring proper disposal of materials lying in the Ports/Customs/ICDs.

It is made clear that the Union of India will ensure that the disposal of the hazardous material does not in any way lead to any environmental problems and no pollution should be generated. It is further to be ensured that the material is given only to those industries who fulfil the necessary requirements relating to environmental safety in terms of processing and containment site for storage/disposal. Furthermore, no disposal should take place in favour of traders. If there is any importer who had imported the hazardous waste against the orders of this Court, then the Union of India should ensure that such an importer does not benefit from such import.

If Mr. Sanjay Parikh has any suggestions to make with regard to disposal of waste or the procedure to be followed, he may make them by writing a letter to Prof. Menon, Chairman, High Powered Committee with a copy to the Additional Solicitor General. List of importers who made illegal imports should be placed on record by the Union of India along with an affidavit with a copy to Mr. Sanjay Parikh within four weeks from today.

The High Powered Committee has asked for more time to finalise its recommendations. As requested, time is extended till June 2000.

An allegation has been made by "Greenpeace" that some hazardous waste is being offloaded at Alang in Gujarat contrary to the orders passed by this Court and no appropriate action is being taken. The Central Pollution Control Board will investigate with regard to the correctness of the allegation and the Union of India will also ensure that the orders passed by this Court banning import of hazardous wastes are faithfully implemented.

To come up for further orders in the first fortnight of February 2000.

24) 07.02.2000

Pursuant to the orders dated 10th December, 1999, an affidavit of Shri M.S. Azad, Under Secretary, Ministry of Labour has been filed. We are not satisfied with the contents of the said affidavit because the number of industries stated to be operating in different States which are processing hazardous wastes as given in the said affidavit do not coincide with the number of such industries as indicated by the Ministry of Environment. It is obvious that Shri Azad has taken no trouble to personally try and find out from reliable sources as to the correctness of the information received, nor has any cross-checking been done either with the Central Pollution Control Board or the Ministry of Environment.

Mr.Altaf Ahmed, ASG appearing for the Ministry of Environment and High Powered Committee submits that particulars of such units will be handed over to Mr. P.P. Malhotra, Sr.Advocate appearing for the Ministry of Labour. The Ministry of Labour will depute responsible officers to ascertain correct facts and then file an affidavit as required by this Court’s order dated 10th December, 1999. Particulars will be given by the Ministry of Environment within a week and the affidavit be filed by the Ministry of Labour within four weeks thereafter.

Mr. Altaf Ahmed states that within four weeks a further affidavit be filed indicating the latest position in compliance with the orders passed by this Court. The Central Pollution Control Board may also file an affidavit within four weeks with regard to the allegations which were made by the Greenpeace concerning the hazardous waste being offloaded at Alang in Gujarat.

List after five weeks.

I.A. No.3 in C.A. No. 7660/1997: Issue notice to the Union of India through the Ministry of Environment. Mr.A.D.N. Rao, Advocate accepts notice. Reply be filed within four weeks and rejoinder within one week thereafter. List after five weeks.

25) 20.04.2000

Between the Ministry of Labour and the Ministry of Environment, order passed by this Court on 7th February, 2000, which in fact required compliance with this Court’s earlier order of 10th December, 1999, has not been complied with. As is usually the case with the Union of India, an extension of time by two months to enable the Ministry of Labour to file the affidavit is prayed for. In the application (IA 13), the blame is sought to be put on the Ministry of Environment for not supplying the necessary particulars. Be that as it may, it is quite evident that between these two Ministries except for exchange of correspondence nothing else has happened and the orders of this Court remain uncomplied with. In the interest of justice, we grant two months’ time from today to enable the Ministry of Labour to file the affidavit subject to the condition that the Ministry of Environment as well as the Ministry of Labour will each pay Rs.10,000/- as costs. In the first instance, costs will be deposited by the Ministries concerned which will be at liberty to recover the same from such officers who are responsible for non-compliance of this Court’s orders. I.A. No.13 stands disposed of.

With regard to ship-breaking at Alang, affidavit of Shri Lalit Kapur on behalf of the Central Pollution Control Board has been filed. In response to that, the petitioner has filed an affidavit on 15th April, 2000 supporting the stand taken by C.P.C.B. The contention is that steps should be taken to ensure that ships which came to India for ship-breaking should be properly decontaminated before they are exported to India. This aspect is being considered by the High Powered Committee. As such, the Union of India should forward to the High Powered Committee the said affidavit of Shri Lalit Kapur as well as the said comments of the petitioner filed by way of an affidavit of Ms. Shalini Bhutani for consideration and report by the High Powered Committee. Needful be done by the Union of India within four weeks from today.

The directions sought for by the affidavit of Dr.(Mrs.) Indrani Chandrasekharan dated 29th March, 2000 will be taken up for consideration after the compliance of the earlier orders requiring the filing of better affidavit. We expect the list of importers to be filed by the next date of hearing as had been directed by this Court.

The time which had been granted to the High Powered Committee to submit its report is extended till 30th September, 2000.

List for further orders after two months.

IA No.3 in C.A. No.7669/1997 : It is the contention of Mr. Chidambaram, learned senior counsel for the applicant(s) that the material which has been imported is not hazardous. The Union of India will get the said material examined and file a report by the next date of hearing. Test be carried out within six weeks. Copy of this IA be also given to Mr. Sanjay Parikh who will be at liberty to file his response to this IA. List after two months.

Importance of shipbreaking as a potential source of raw material for re-rollers was recognized as early as in 1979, as a result of which import of ships for breaking was accelerated. In order to develop the industry on a large scale in Gujarat, an emphasis was laid to examine various sites suistable for this activity. High tidal range, gentle seaward gradient and firm holding ground are basic parameters of the site for developing shipbreaking industry. Sea coast, on western side of Gulf of Cambay, near Alang Lighthouse, possesses such necessary parameters and was, therefore selected for promoting shispbreaking activities on a larger scale.

Initially, the development activities were taken up by Gujarat Industrial Development Corporation (GIDC) which was later on transferred to Gujarat Maritime Board (GMB) in 1981-82. Development activities were then geared up and the yeard started functioning in February, 1983. The first vessel ‘MV KOTA TENJONG’ WAS BEACHED AT Alang on 13^th February, 1983. Since then, the yard has witnessed spectacular growth and today it has been emerged as a leading sipsbreaking yard in the world.

The yard is linked to Bhavnagar Veraval coastal high way by an all weather two lane asphalt road, through Trapaj (about 10 KM) and also through Sanodar village (about 23 KM).

A two lane service road with asphalt paver carpet is provided to connect all 183 plots along about 10 KM long coastal belt. This road is being widened to four lane with concrete pavement. Work of concrete pavement is completed in about 5 KM length,. Similarly, approach road to Alang Yard (1.7 KM) is also widened to four lane. Of this, two lane is paved with concrete and remaining two lane is of asphalt carpet.

For thorough movement of traffic, two bridges are constructed – one on river Manari and other on river Pashvivali.

(B)Plots

Toptal 183 plots are developed for shipbreaking – 92 in Alang Yard and 91 in Sosiya Yard. Of these 10 plots each of 6000 sq.m area are earmarked for breaking VLCCs/ULCCs. Total ship breaking plot area of Alang and Sosiya is as under:

GMB has created infrastructure such as roads, electrification, water supply, bridges, development of plots, building for GMB administrative office, accommodation for bank, post office, custom office, telephone office, Factory and Labour Department etc.

Following development works are planned to be taken up during 1999-2000 under 301 Capital Expenditure. `

• largest ship breaking yard in the world.
• Largest essel beached was of 51450 LDT.
• Direct employment to about 25000 skilled and unskilled labourers.
• Indirect employment through downstream industries viz. re-rollingmills, foundries, oxygen plants, transporters" scrap yard etc.
• Capacity to break about 4.0 million MT per annum.

To provide suitale accommodation with proper infrastructural facilities, GMB has acquired land at two places of 242813 sqm. At Alang and 51190 sqm. At Sosiya. GMB has also decided to provide proper infrastructure facilities in the Housing Complexes. Gross Total cost comes to Rs.7,37,05,000.00.

GMB has also initiated for the proper planning of housing complex. GMB has appointed an architect for planning of the same. First phase of report has already been received.

7. `LAND:

For carrying out various developmental activities, for providing infra-structural facilities in the yard, GMB has submitted proposals for transferring government land and to acquire private land of nearby villages. The applications were made at various stages as and when requirement arose.

The Alang-Sosiya Ship Breaking Yard is the largest ship-breaking yard in the world, which breaks about 350 ships per annum and generates about 30 lakhs of LDT. The stretch of ship breaking yard along the Gulf of Cambay coastline is of about 10 Kms length. Alang-Sosiya Ship Breaking Yard is about 50 Km away from the Bhavnagar city of Gu)arat. Alang is blessed with locational advantage. which help in minimizing adverse environmental fallout. This industry is basically recycle industry that supports thousands of employment in direct and indirect mode.

Due to various activities involved in ship breaking operations substantial quantity of solid waste i.e. @6 ton per day and some quantity of recyclable hazardous waste i.e. @ 3 ton per day are being generated in breaking operations as per the existing studies conducted by GMB. The list of the hazardous waste generated at Alang is enclosed as annexure -1. Asbestos waste, Lead and Zinc in Batteries, major quantity of oil sludge and all type of oil are resold and auctioned to the operators of secondary industries. Therefore residual hazardous waste retained at yard is even less than 3 ton per day.

Following the efforts taken and seminar on creating awareness towards environment protection conducted by GMB. ship breakers have realized the need of proper segregation of such residual wastes. Therefore, some ship breakers (about 60 nos) have constructed some temporary storage of such waste within their plots, which are authorized by GPCB as per Hazardous waste (Management & Handling) Rules, also some ship breakers have applied for the same to GPCB. This arrangement for temporary storage is made till final waste management plan is evolved.

In order to dispose the solid waste as well as small quantity of residual hazardous waste generated at Alang-Sosiya Ship Breaking Yard in an environment friendly manner, GMB with a holistic approach has decided to commission Total Waste Management Plan. GMB feels that existing environment studies conducted for management of hazardous waste are not sufficient because waste envisaged in the studies needs to be further analyzed looking to the range of the waste contained in the diverse categories of the ships coming to the Alang: for breaking. Hence GMB has framed a detail scope of work (as per annexure-I!) for preparing detail-engineering report by a reputed consultant. For that purpose four such consultants had been pre-qualified. The tender document is already circulated among the four consultants. The job has been awarded to the consortium led by M/s EIL, New Delhi after rigorous technical and financial evaluation. The detail engineering study report will be completed within 8 months of signing the contract. Thereafter within about one and half year whole management plan will be commissioned on site. The probable time schedule is enclosed as annexure-lll.

Except some mudskipper, no other fauna are being affected. Overall, the sandy and rocky intertidal regions of Alang-Sosiya Ship Breaking Yard are moderately populated with very low average group of biodiversity. The whole stretch of Alang-Sosiya Ship Breaking Yard is devoid of mangroves and has having very low concentration of chlorophyll. The predominatory rocky substratum not only facilitate the ship breaking activities but together with high load of suspended sediments in water column provide a relatively poor habitat for the establishment of marine life forms.

3. Regarding some other pollution aspects: Air Environment:

The ship breaking industry doe not have any continuous emissions in air. The activity generates insignificant amounts of SO NOv & SPM in terms of fugitive emissions. Hence, adverse impact on nearby air environment is not anticipated. However, use of breathing equipment like masks is encouraged at Ship breaking yards in order to provide better work environment to working personal.

The hydrogeological investigations reveal that the water pollution generated by ship breaking activity will have no adverse impact on ground-water quality, directly or indirectly through sea water intrusion. Moreover, the industry does not require water except for drinking use by the workforce hence basin hydrogeological loss is not anticipated.

The contamination of surface water is not a ma)or problem as the sea back water travels upstream river channels only upto a short distance due to high gradient in the upstream. The nearby sea water in the operational area may get affected due to improper disposal of oils. thermocal, asbestos pieces etc. which should be taken care by waste segregation/disposal and good housekeeping practices.

Noise levels monitored at various locations within and outside the ship breaking yards reveal that noise levels are well within the norms and noise pollution is not a major problem area.

(Source- MECON study, Comprehensive EIA for Ship breaking Industry Year-1996-97 and Environmental studies conducted by GES. Vadodara in the year 1997-98).

• Asbestos
• Arsenic
• PCB in Oil & Metal Chips
• Glass wool
• Lead
• Thermocol
• Polycyclic- Aromatic Hydrocarbon

Total Waste Management Plan is divided in two phases. Phase-1 includes all activities up to the stage of formulation of a waste management plan and completion of detail design engineering including preparation of cost estimate and tender document. Phase-11 includes actual commissioning of the waste management plan on site. On completion of detail engineering study report i.e. phase-I study, Phase-11 task shall be taken

The phase-I of the assignment shall include all activities up to the stage of formulation of a waste management plan, and completion of detail design engineering including preparation of cost estimate and tender document which should be completed within 8 months of signing the contract. The detail breakup of time schedule and corresponding activity to be undertaken is given at the end of the scope of work. This phase would comprise of but not be limited to, following.

(A)    1.1 Identification of various sources of waste generation of hazardous waste,

1.2 Categorization of waste generated from each source.

1.3 Characterization of waste and corresponding physical, chemical and toxicological properties of each waste stream by way of laboratory tests:

1.4 Quantification of waste generated of the different waste streams using appropriate methods:

1.5 Quantification of waste already scattered,/spreaded / lying in and around Alang-Sosiya Ship-breaking Yard (Back bog)

1.6 Waste generation projections with respect to future expansion plans:

1.7 Waste generation per day with respect to changed trend of ship recycling activity.

1.8 Review of applicability of all local, regional and national guidelines and regulation including -Hazardous Waste (Management & Handling) Amendment Rules, 2000. Municipal Solid waste Rules and Bio-Medical Waste (Management & Handling) Rules: (amended if any)

1.9 The waste landfill site is already identified by GMB based on quantities of solid waste including hazardous Waste envisaged in EIA study carried out by local consultant. The same has been approved by the Gujarat Pollution Control Board vide their notification for survey no 325/1/1 at Alang. Therefore the consultant shall have to make presentation/or compliance for getting proper authorization for proposed waste disposal facility under Hazardous Waste Rules (amended) from GPCB. GMB has also commissioned a study of solid waste and municipal waste generated in operation of ship-breaking activities. Therefore consultant shall have to validate these documents.

2.0 To review the data given by GMB and also shall have to ensure the adequacy of these data, viz. Coefficient of permeability, safe bearing pressure, classification of soil and depth of ground water. If these data is inadequate then consultant shall have to undertake the same with consultation with GMB officials. GMB is final authority to decide whether additional investigation is required or not. Additional data/investigation if found necessary will be paid separately by the GMB.

2.1 To study the existing practices, if any, of waste stripping, collection, handling, segregation, temporary storage, transportation and disposal, for that consultant has to study relevant literature and has to incorporate the same best suited for Alang-Sosia site condition:

2.2 To make proper characterization and quantification of those Hazardous waste / non-hazardous waste, which can not be disposed in secured landfill but have to be undergone thermal decomposition with nearly 99% efficiency i.e. through incinerator.

2.3 To formulate a conceptual comprehensive waste management plan, based on the above activities, comprising of: but not to be limited to

• Waste stripping/Collection, handling and segregation

• Temporary storage of waste at the point of segregation

• Bulk waste transfer and transportation

• Waste pre-treatment and stabilization

• Waste land filling, landfill containment and ieachate management

• Incineration and ash management (Process-package)

• Post disposal monitoring requirements

• Training requirements

This would enable us to adopt short-term measures, and mid term measures I'll final secured landfill site and full-fledged designed incinerator are commissioned.

Now based on the findings from necessary studies carried out by the consultant and approval of the conceptual waste management plan by GMB. the consultant shall have to carry out detail design and to frame a cost estimate ana tender document as follow:

(B)1.1 To carry out all designs including process

(i) Civil Engineering works viz. secured landfill containment for both Hazardous / non-hazardous - solid waste • municipal waste generated as well as design of temporary storage facilities m the individual plots.

(ii) Mechanical design viz. transfer .and transportation of waste according to their characteristics and properties etc. up to secured landfill or incinerators as well as design of waste pre treatment unit and stabilization if any.

(iii) Bidder to prepare a process package for incinerator system, which consists of

• Preparation of design basis consisting of quality and characteristics of waste to be incinerated, performance objectives such as POHC’s Destruction and removal efficiency flue gas cleaning requirement etc.

• General information such as

• Handling and pretreatment requirement
• Storage requirement
• Incinerator Operation Plan (i.e. One shift on all day)
• Flue gas cleaning system
• Type of fuel available

• Information on utility available
• Building information
• Engineering specification
• Capital and Operating cost

1.2 To prepare all necessary construction drawing including civil structure. Mechanical, electrical and instrurnentation, piping, routing for all units of waste management facility.

1.3 To prepare Bill of Quantity for various waste management facilities & accordingly frame an estimate for whole waste management plan at present day rates.

1.4 To prepare a tender documents for inviting contractors for constructing and commissioning of waste management facilities.

The detailed engineering Study report will be finalize upto may 2001. On completion of this report, further one and half year will take for actual commissioning.

GMB has commissioned some environmental studies with objective of identification of site for disposal of hazardous waste. The study shows that total waste at quantity less than 0.1% of total weight of the ship is generated. The study also reveals that the amount of hazardous waste is generated to a tune of 2% of this total wastes. Hence gross hazardous substances could be assessed about 0.032% of weight of the ships. So far a ship of 51.500 LDT was the maximum size of ship broken at Alang. in such ship it is presumed that hazardous waste at about 1.48 ton might have been generated. Out of These 16.48 ton. oil. oil sludge, asbestos waste in rope form and lead, zinc in batteries are generally sold to secondary industries.

The hazardous waste / toxic waste generated in breaking the ships are mainly Asbestos, Thermocol, Glass-wool. Lubricant oil. oil sludge, Lead in batteries etc. Out of these wastes, Asbestos in a rope and plate form. Thermocol in a sheet form. Glass wool in a unbroken pieces form as well as lead in Batteries are auctioned and resold to the operators of the secondary industries. Hence. residual of Asbestos, Thermocol and Glass wool are retained there which further reduce the amount of hazardous waste (less than .032% of weight of ships) to be disposed. Some bilge oil, sludge and hydraulic oil are also purchased by the operators of foundries / furnaces not only at nearby area but also at far-flung area. Hence it is exaggerated to state that 'Each ship consists of substantial amount of toxic waste'. As per the list A of the Basel Convention, lead in metals waste and alloys, asbestos in dust and fibers and PCB contained substances and waste oil are characterized as hazardous waste. In this connection, some relevant portion of Doen Questionnaires prepared by M/s Mecon in its EIA report is also enclosed herewith which shows that waste contained any hazardous/toxic substance is nil.

As far as occupational health problem is concerned, so far not a single worker has died due to severity implication of hazardous waste. Most of the death and injuries have been reported due to negligence of workers and improper plot management. GMB has already started taking penal action against the guilty. Further no case has been reported in nearby hospitals or at Sir T Hospitals. Bhavnagar for the workers contracted with cancer or any carcinogenic disease. The same could be seen from the enclosed relevant portion of the Doen Questionnaires that no occupational diseases have been reported

GMB is of opinion that no ship comes at Alang carrying with hazardous waste. The beaching and breaking permission is given on the basis of the 'cargo free' certificate issued by the custom department. Now as far as hazardous/toxic wastes contained in the structure of empty ships are concerned, the same should be removed by the exporting countries as such wastes are banned under Basel Convention. Transboundry movements of hazardous waste is prohibited i.e. such ships with hazardous contained which are destined for final disposal from OECD countries to non-OECD countries are prohibited under ban of Basel Convention. India is not a member of Organization of Economic Co-operation and Development countries. In this connection, we must remind OECD countries to refer their original policies designed in 1961. which are as follow.

• To achieve the highest sustainable economic growth and employment and a rising standard of living in member countries, while maintaining financial stability and thus to contribute to development of the world economy.

• To contribute to sound economic expansion in member as well as non-member countries in the process of economic development and

• To contribute to the expansion of world trade on a multilateral, non-discriminatory basis in accordance with international obligation.

Here India is a non-member of OECD.. therefore, it must be clarified here that it is the duty of OECD countries that they should allow to sail only those ships to the non OECD countries for recycling, which are made completely hazardous / toxic contained free form every corner / structure of the ship before being auctioned.

Now in respect of Hon Supreme Court order of May 1997. we feel that this order does not affect the recycle industry of ship' breaking as in the order nothing mentioned regarding ship breaking industries. As far as Basel convention and its applicability is concerned, here also it could be defined that empty ship coming at Alang is not a Hazardous/toxic substance/ unit.

Now. as revealed in the first para of this note, whatever the small quantity f hazardous waste generated (even lesser than 0.032% of the weight of the ship), will be disposed in secured landfill to be developed in the site already identified through EIA studies. And this land is also approved by the District Level Committee as well as GPCB. For implementation of hazardous waste management plan at Alang. GMB is in a process of fixing a reputed consultant who has a wide range of experience in the field of hazardous waste management.

In view of above, it could be seen that ship recycling industry at Alang is not producing the hazardous waste at an alarming quantity because the waste generation in ship breaking is much less compare to integrated steel plants at the same output of the steel production. In this connection We feel that a representation at the appropriate level may be made to the Secretariat of the Basel Convention reminding the duty of OECD countries and requesting them that being a waste recycling industries, waste generated in ship breaking and ship breaking industries should not be covered under the provision of Basel Convention as there is no import of hazardous substance at all.