In a significant decision dated May 9, 2024, the High Court of Himachal Pradesh, presided over by Judges J. Tarlok Singh Chauhan and J. Sushil Kukreja, delivered a comprehensive order addressing multiple matters concerning the compliance with the earlier order, examining the Action taken report of Municipal Corporation Shimla, and issuing directions in furtherance of its March 23 Order for solid waste management. This article deals with the above three aspects of the order in three Parts.

Part 1 – Compliances

The court, in its meticulous evaluation, revisited the directives issued on March 23, 2024, which were crafted to amplify environmental compliance and waste management strategies across Himachal Pradesh. The recent decision on May 9, 2024, painstakingly assessed the compliance efforts undertaken by pivotal state authorities. Among those scrutinized were the Chief Secretary, the Urban Development Department (UDD), the Department of Environment, Science, Technology & Climate Change (DEST&CC), the Himachal Pradesh State Pollution Control Board (HPSPCB), and Municipal Corporation Shimla (MC Shimla). This segment of the ruling underscored the court’s proactive approach in ensuring that its earlier mandates were not just followed but were effectively implemented to foster substantial environmental progress. Details of the earlier order are attached here https://lawumbrella.org/2024/03/28/himachal-pradesh-high-courts-landmark-order-a-beacon-for-waste-management-stewardship/

A summary of directions issued earlier and their compliances are given below:

Extended Producers Responsibility (EPR)

EPR Registration:
- Court Directive: All Manufacturers/producers of plastic, and BRAND owners /entities were required to apply for EPR registration within one month.
- Compliance:
  - Chief Secretary: Directed the Member Secretary, HPSPCB, to ensure compliance and file an affidavit.
  - UDD: Generated login credentials for 57 ULBs on CPCB’s portal; two ULBs pending registration due to lack of GST numbers.
  - HPSPCB: Updated the registration status of entities and issued public notices. Held a meeting on April 20, 2024, directing PIBOs to ensure compliance.
Utilization of Registered PWPs:
- Court Directive: PIBOs and WMAs were directed to utilize registered Plastic Waste Processors (PWPs) within Himachal Pradesh.
- Compliance:
  - HPSPCB: Directed PIBOs to coordinate with PWPs within the state. Uploaded details of PWPs on HPSPCB’s website.
Submission of Reports:
- Court Directive: Recyclers were to submit quarterly reports on processed plastic waste.
- Compliance:
  - HPSPCB: Directed recyclers and PIBOs to submit quarterly reports and compliance information.
Plastic Waste Processing:
- Court Directive: PWPs were directed to tie up with ULBs/WMAs and start generating EPR certificates.
- Compliance:
  - HPSPCB: Directed PWPs to start generating EPR certificates and conducted a training session in May 2024 for PWPs and ULBs.

Solid Waste Management (SWM)

Action Plan for Shimla:
- Court Directive: Develop Shimla as a model town for SWM.
- Compliance:
  - Chief Secretary: Directed Commissioner, MC Shimla, to implement SWM Rules, 2016.
  - MC Shimla: Implemented measures including door-to-door garbage collection, and waste segregation, and submitted an action plan.
Training for Councilors:
- Court Directive: Training programs for councillors on municipal and environmental laws.
- Compliance:
  - HIPA: Directed to organize training programs.
Manpower:
- Court Directive: Ensure adequate manpower for municipal authorities.
- Compliance:
  - Chief Secretary: Ensured provision of adequate sanitation staff and approved recruitment on an outsourced basis.
Land Allocation:
- Court Directive: Identify and allocate land for SWM facilities.
- Compliance:
  - Chief Secretary: Directed Deputy Commissioners to facilitate land allocation. MC Shimla confirmed land availability and proposed new sites.
Buffer Zone:
- Court Directive: Create green buffer zones around SWM sites.
- Compliance:
  - Chief Secretary: Directed ULBs to create buffer zones where feasible.
Solid Waste Management Charges:
- Court Directive: Levy a sustainable development fee on tourists.
- Compliance:
  - Chief Secretary: Proposed implementing a fee based on the Bhutan model. MC Shimla discussed mechanisms with the Excise Department.

General Directions

Segregation and Collection:
- Court Directive: Ensure 100% waste segregation and collection.
- Compliance:
  - Chief Secretary: Directed ULBs to deploy sufficient manpower and impose penalties for non-compliance.
  - MC Shimla: Imposed fines and ensured use of compartmentalized vehicles.
Wet Waste Processing:
- Court Directive: Process wet waste using the best available technology.
- Compliance:
  - MC Shimla: Set up waste-to-energy and Bio-methanation plants for processing wet waste.
Dry Waste:
- Court Directive: Cement plants to provide transportation for dry waste under CSR.
- Compliance:
  - Chief Secretary: Directed cement plants to ensure compliance.
  - MC Shimla: Ensured proper processing and transportation of dry waste.
Financial Support:
- Court Directive: Provide tied grants under the State Finance Commission.
- Compliance:
  - Chief Secretary: Directed preparation of proposals for grants.
Waste Management Agreements:
- Court Directive: Reconsider agreements with JBR Technologies.
- Compliance:
  - Chief Secretary: Directed ULBs to manage waste at their own level if necessary.
User Charges:
- Court Directive: Rationalize user charges to meet waste management costs.
- Compliance:
  - Chief Secretary: Directed ULBs to amend bylaws for user charges.
  - MC Shimla: Implemented and planned to reassess user charges.
Elimination of Hot-Spots:
- Court Directive: Deploy teams to eliminate waste hot-spots.
- Compliance:
  - Chief Secretary: Directed ULBs to take action against violators.
  - MC Shimla: Allowed surrounding panchayats to bring dry waste to the Waste to Energy Plant.
IEC Activities:
- Court Directive: Conduct regular awareness activities.
- Compliance:
  - Chief Secretary: Directed ULBs to organize IEC activities.
  - MC Shimla: Conducted various IEC activities.

Flex Banners

Ban on Flexi Banners:
- Court Directive: Consider banning PVC flex banners less than 100 microns.
- Compliance:
  - Chief Secretary: Directed a review of rules and a potential ban.
  - HPSPCB: Conducted inspections and issued challans for violations.
Waste Audit by IMI:
- Court Directive: Conduct a waste audit by IMI and submit a report by September 30, 2024.
- Compliance:
  - Chief Secretary: Directed MC Shimla to ensure compliance.

PART – 2

Action Taken Report, Shimla’s Journey to Becoming a Model Town

The Municipal Corporation Shimla has unveiled a detailed Action Taken Report (ATR), outlining the comprehensive steps and initiatives undertaken to transform Shimla into a model town for waste management. This comes in response to the High Court’s order dated March 23, 2024, in Suleman Vs Union of India, aimed at enhancing environmental compliance and waste management practices in the city.

Key Initiatives and Compliances

Door-to-Door Garbage Collection; The Municipal Corporation Shimla has implemented an efficient door-to-door garbage collection scheme through the SEHB Society. With sufficient manpower deployed, the scheme ensures waste is collected from households and commercial establishments. The initiative is closely monitored by Corporation Health Officers, Project Coordinators, Sanitary Inspectors, SEHB Coordinators, and Ward Supervisors. To facilitate complaint resolution, a dedicated WhatsApp number (98052-01916) has been publicized.
Imposition of User Charges; User charges have been imposed across various categories, with provisions for obtaining prior permission for large gatherings. The charges can be paid online, through QR codes, Suvidha Kendra, POS machines, or Lok Mitra Kendra.
Emphasis on Waste Segregation; To promote waste segregation at the source, regular meetings are held with garbage collectors. The waste is transported in compartmentalized vehicles to ensure proper segregation during collection and transportation.
Transportation and Equipment; MC Shimla has deployed a fleet of specialized vehicles, including compartmentalized garbage tippers, pick-up vehicles, and machines for litter picking, compacting, and road sweeping. Sanitation workers are provided with Personal Protective Equipment (PPE) for their safety.
Formation of Ward Committees; Ward committees have been established under the leadership of respective councillors. Additionally, a committee has been constituted to amend the Himachal Pradesh Municipal Corporation Act, 1994, to align with new environmental laws.
Information, Education, and Communication (IEC) Activities; Various IEC activities are organized to raise awareness about waste management. These include Nukkar Nataks, school lectures, sanitation staff meetings, and promotions through jingles, pamphlets, posters, and banners. Community groups such as NGOs, Yuvak Mandals, and Self Help Groups are actively involved.
Construction and Demolition (C&D) Waste Management; C&D waste is collected separately, with identified disposal sites at Bhariyal. The budget includes provisions for vehicles to collect and transport C&D waste.
Collaboration with Resident Welfare Associations (RWAs); RWAs and market associations are encouraged to participate actively in waste processing and cleanliness campaigns. This collaboration ensures better waste management at the community level.
Waste to Energy and Bio-Methanation Plants; MC Shimla operates a 100 TPD Waste to Energy plant at Bhariyal, converting municipal solid waste into Refuse Derived Fuel (RDF) for electricity generation. Additionally, a 1 TPD Bio-Methanation Plant is operational, with plans for a 15 TPD plant underway.
Dry Waste Collection from Panchayats; Surrounding panchayats are permitted to bring their dry waste to the Waste to Energy Plant, ensuring a collaborative approach to waste management.
Special Cleanliness Campaigns; Weekly Maha Safai Abhiyans are conducted to clean hotspots, hillsides, and nallahs. Signages with “No Littering” messages and complaint numbers are installed at vulnerable spots.
Pre-Monsoon Cleanliness Campaign; MC Shimla organizes a pre-monsoon cleanliness campaign to clean nallahs and prevent garbage accumulation, thereby mitigating the risk of flooding and landslides during the rainy season.
Technological Innovations; Biometric machines for field staff attendance and a route plan for garbage collection vehicles are being implemented. GPS systems and IOC rings are used for vehicle monitoring to enhance efficiency.

MC Shimla plans to adopt state-of-the-art technologies and best practices from other cities. Proposed initiatives include:

Waste to Wonder Park: A park showcasing items made from recycled materials to promote the concepts of reduce, reuse, and recycle.
Shoot System at Sabji Mandi: A stainless steel shoot system for waste transportation using gravity, reducing manpower requirements.
Real-Time Attendance and QR Code System: QR codes at households and commercial establishments to ensure timely waste collection.
Involvement of Informal Rag Pickers: Encouraging informal rag pickers to participate in sanitation programs.
Ban on Plastic Bottles in Meetings: Efforts to eliminate the use of plastic bottles during meetings and conferences.
Decentralized Waste Processing: Establishing Material Recovery Facilities (MRFs) and small bio-methanation plants within the city.
E-Waste Awareness: Campaigns to promote proper e-waste management.
Commercial Operation of Waste to Energy Plant: Efforts to make the plant fully operational for commercial electricity production.

The Action Taken Report by MC Shimla demonstrates a proactive and comprehensive approach to waste management, aiming to make Shimla a model town. The initiatives reflect a commitment to sustainable practices, improved sanitation, and active community involvement, setting a benchmark for other urban local bodies.

PART – 3

High Court Issues New Directions on Environmental Compliance

In the order dated May 9, 2024, the High Court of Himachal Pradesh, further elaborated and clarified the abovementioned directions issued on March 23, 2024. This order builds on the Court’s earlier directives and compliance given by the State, emphasizing the need for strict adherence to environmental regulations and timely compliance by responsible entities.

Here are the crucial aspects of the order:

Comprehensive Solid Waste Management Strategy;

Shimla Garbage Collection Plan: The Municipal Corporation of Shimla is directed to include all dwellings, including those with electricity or water connections but no garbage ID, in its garbage collection plan. This includes informal settlements like dharas and Jhuggi-jhopris. All such dwellings must obtain a garbage ID before the next hearing.
Penalties for Littering: The Municipal Corporation of Shimla is instructed to place signboards detailing penalties for littering in hotspots and other areas prone to waste disposal into natural water bodies.
Training for Councilors and Ward Members: The Court clarified that training for councilors should commence with the Municipal Corporation of Shimla, which will then extend this training to other cities and towns in the state.
The court outlined specific directives for handling waste from large gatherings and events, enforcing compliance with Rule 4 of the SWMR 2016. Municipal authorities are tasked with ensuring adequate staffing and conducting regular training sessions on environmental laws.
Shimla is to be developed as a model town for solid waste management. This initiative aims to set a benchmark that can be replicated across other Urban Local Bodies (ULBs) in the state. The court emphasized the need to amend the Municipal Corporation Act to align with current environmental laws, including the Solid Waste Management Rules (SWMR) 2016 and the Plastic Waste Management Rules (PWMR) 2016.

Land Allocation for Solid Waste Management:
Deputy Commissioners and Magistrates are directed to monitor land allocation activities for solid waste management every 15 days, in line with Rule 12 of the SWM Rules of 2016.

Addressing Land Availability and Creating Buffer Zones

The order highlights the critical issue of land availability for solid waste management facilities. The State Government is directed to take immediate steps to provide the necessary land and report the status at the next hearing.

The court also mandated the creation of buffer zones around solid waste management sites to mitigate environmental impact and ensure compliance with SWMR 2016. This involves developing these sites by creating green buffers before any waste dumping begins.

Imposing Penalties and Rationalizing User Charges

To ensure strict compliance, the court directed Urban Local Bodies (ULBs) to impose penalties for violations of waste segregation and littering. Furthermore, ULBs are required to rationalize user charges for waste management services to cover the costs of collection, transportation, and processing. In cases of non-payment, these charges will be treated as arrears and included in the property tax.

Eliminating Hot-Spots and Enhancing Public Awareness

The court ordered the formation of dedicated teams to eliminate waste hot-spots in fringe areas. Municipal Corporations are instructed to impose penalties on violators and collaborate with the Rural Development Department to ensure systematic waste collection and disposal.The order underscores the importance of Information, Education, and Communication (IEC) activities to raise public awareness about waste management practices. NGOs, youth groups, and other local organizations are encouraged to participate in these activities.

Ban on Plastic Flexi Banners and Conducting Waste Audit

Recognizing the environmental hazards posed by plastic flexi banners, the court left the decision to ban these banners to the Chief Secretary of Himachal Pradesh. The court emphasized considering the environmental impact, visual pollution, and safety hazards associated with these banners.The Chief Secretary is to consider framing rules regarding the thickness, duration, and authorization of flex banners. In the meantime, all unauthorized flex banners in Shimla are to be removed, with the cost recovered from responsible parties.

Strengthening Extended Producer Responsibility (EPR) Compliance

One of the primary focuses of the order is to ensure strict adherence to EPR regulations. The court mandated that all entities apply for EPR registration within a month. To facilitate this, the Himachal Pradesh State Pollution Control Board (HPSPCB) will provide necessary support and guidance.Registered Producers, Importers, Brand Owners (PIBOs), and Waste Management Agencies (WMAs) are directed to utilize local Plastic Waste Processors (PWPs) for efficient and economical waste processing. The HPSPCB will upload the details of registered PWPs on its website to enable coordination. Recyclers are required to submit quarterly reports detailing the quantity of plastic waste processed. Additionally, PIBOs must collaborate with Urban Local Bodies (ULBs) and Gram Panchayats (GPs) to ensure effective collection, segregation, and processing of plastic waste

Renewal of Consent to Operate: The Himachal Pradesh State Pollution Control Board (HPSPCB) had previously decided not to renew the consent to operate for entities failing to register on the centralized Extended Producers Responsibility (EPR) portal. The Court found this measure insufficient as renewals might occur only after several years. Therefore, HPSPCB is now directed to issue notices and impose penalties on defaulting entities immediately, without waiting for their renewal applications.
Waste Management Agencies (WMAs) Compliance: Despite multiple directives, some WMAs have not submitted the required information. The Court mandated that these agencies provide the necessary details by June 7, 2024, failing which contempt proceedings may be initiated. HPSPCB is tasked with disseminating this order through various communication channels.
Urban Local Bodies (ULBs) and Plastic Waste Management: ULBs are instructed to ensure that recycled plastic waste is properly stored and channelized to registered Plastic Waste Processors (PWPs). Cement plants, as part of their Corporate Social Responsibility (CSR), must provide free transportation for this waste.
Producers, Importers, and Brand Owners (PIBOs) Compliance: PIBOs operating outside the state must comply with the Court’s directives and ensure proper implementation. The responsibility for compliance lies with the PIBOs, who must report any failures.

Solid Waste Management Charges:

There was confusion regarding the solid waste management charge directions. The Court reiterated that these charges are mandated under Rule 20(e) of the SWM Rules of 2016, specifically for hilly areas.

Legacy Waste at Kenduwal Site:

BBNDA and JBR are directed to remove legacy waste from the Kenduwal site, posing a threat to River Sirsa and nearby human habitations, before the monsoon season. A buffer zone must also be created.

Conclusion

The High Court of Himachal Pradesh’s order represents a significant step towards enhancing environmental compliance and waste management in the state. By setting stringent directives and involving multiple stakeholders, the court aims to ensure sustainable practices and protect the environment for future generations. The compliance efforts by state authorities demonstrate a proactive approach to implementing these directives, with substantial progress reported across various areas. Continued monitoring and enforcement are essential to sustain these improvements and achieve the desired outcomes in environmental sustainability. This order not only addresses immediate concerns but also lays the foundation for long-term environmental stewardship in Himachal Pradesh.