NGT refuses to waive compensation for failing to set up TSDF

New Delhi, Feb 26 The National Green Tribunal (NGT) has refused to entertain a plea by Goa Waste Management Corporation seeking waiver of environmental compensation for failure to set up a requisite treatment, storage, and disposal facility (TSDF) in the state citing Covid-19 pandemic.

"We are unable to entertain this application. Once there is acknowledged violation in setting up of TSDF, as required under the Rules and orders of this Tribunal, there is no reason for the waiver of compensation," said the NGT bench headed by its chairperson Justice Adarsh Kumar Goel in an order passed on February 23.

The said directions were reiterated in subsequent orders dated July 7, 2020, and January 29, 2021.

Thus, setting up of TSDFs by all the states is mandatory and till it is done, no new industries can be allowed nor those operating and generating hazardous waste can be allowed without regulation in violation of the rules compliance which is necessary for the interest of the environment and public health.

This aspect does not brook any delay or laxity, as depicted from the present application, the order said.The bench also noted that none appeared for the applicant.

The plea stated that the process for setting up TSDF started in 2006 for which EC was granted in 2008. Thereafter, the decision was taken that TSDF may be set up by individual companies.

The area was allocated, a plan for construction was prepared, inventory of waste was also prepared, the operator was selected, drawing was approved. Waste was being disposed of through Maharashtra Enviro Power Ltd. or other entities.

It further said Covid is another reason for not setting up TSDF. The state has pursued the matter. Consent to operate has been granted by the state PCB.

Thus, according to the applicant, no compensation is liable to be paid, as sought to be done by the CPCB vide order dated February 26, 2021, and subsequent orders, in pursuance of the order of this tribunal dated August 26, 2019, the plea said.

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