VHA knocks doors of judiciary for piled up Biomedical waste,Questions the rationality of 300 gms per patient per day limit

The Agency is mandated by law to pick up the waste in totality within 48 hours of collection
 
From 2004 onwards; Superb Hygienic Disposals has the exclusive monopoly of picking up Biomedical waste from all the hospitals in the Vidarbha region which is responsible for its timely pick-up, transportation & disposal & is operating a Central Bio-Medical Waste Treatment & Disposal Facility (CBMWTDF) at Bhandewadi, Nagpur.
 
Since last two months, Superb Hygienic Disposals has not been collecting complete BMW from the hospitals, resulting in undue piling up of remaining hazardous Bio-Medical Waste beyond the maximum prescribed limit of 48 hours as per Biomedical Waste Management Rules, 2016. This prolonged storage of huge quantities of BMW owing to partial pick up is very hazardous to healthcare workers, frontline workers, patients/relatives, surrounding residents etc., thus creating a potentially catastrophic situation from public safety point of view.
 
Vidarbha Hospitals Association has repeatedly raised this issue with NMC and MPCB authorities. MPCB had issued stern notice to SHD to ensure timely pick up of waste. But it is learnt that SHD cared hoots about these directives and is still arm twisting the hospitals to pay hiked charges before pick up.
 
VHA has stated that all hospitals are bound to pay as per constitutional norms and they are abiding by the tripartite agreement dated 2004. The tripartite MOU dated 10/09/2004, signed between NMC, IMA, Nagpur & Superb Hygienic Disposals is applicable for 30 years’ and states that the rates will be revised by 10% every year; which the hospitals have been paying regularly till now. Superb Hygienic in collusion with NMC has now effected an arbitrary revision of rates taking advantage of the Covid-19 pandemic. This out of turn upward rate revision being enforced by the service provider is not as per the mentioned MOU and has been objected by VHA. Moreover, NMC is not the competent authority to revise the rates as per guidelines.
 
The recent NMC directives has flabbergasted all hospitals wherein 300 gms per patient per day has been considered as excess waste.  As no solution was being provided by authorities, VHA has now knocked the doors of judiciary pointing out the blatant violation of CPCB guidelines which highlights the need of having a state advisory committee with involvement of all stakeholders to finalize the rate. Moreover, they stated when a wet adult diaper is around 1.5 kg, who decided the benchmark of 300 gm per patient per day. The so called excess waste is well within the prescribed limit as specified in the authorization issued by MPCB to the respective hospitals, VHA added.
 
VHA has conveyed that the service provider having total monopoly is duty bound and cannot stop or slow down, in line with the Biomedical Waste Management Rules- 2016 thereby putting larger public interest at harm. 
 
Highlighting these matters, VHA through Adv. Tushar Mandlekar has petitioned High Court. High Court has now issued notices to all respondents namely CPCB, MPCB, NMC, IMA and Superb Hygienic Disposals Company.