NGT approves NITI Aayog models to speed up waste management projects


The National Green Tribunal (NGT) has approved the business models suggested by NITI Aayog to curtail the time-consuming process of preparing the detailed project report and tendering for projects under solid and liquid waste management as well as legacy waste remediation, which have been the main issues faced by different states in non-compliance of NGT orders.
The three-member bench of judges comprising Adarsh Kumar Goel, S P Wangdi and Dr Satyawan Singh Garbyal, said that the models suggested by NITI Aayog should be acted upon by all states/UTs as per viability to shorten the procedures.

NITI Aayog has formulated the Model Concession Agreements (MCAs) and Model Request for Proposals documents (RFPs) for Integrated Solid Waste Management (including Bio-Remediation of Legacy Waste) and Integrated Liquid Waste Management (including Faecal Sludge Management) on Hybrid Annuity Model (HAM) of public-private partnership (PPP) which have been uploaded on the Government e-Marketplace (GeM) portal for easy adoption by states to undertake solid and liquid
waste management.

To undertake only legacy waste remediation, the states can use existing method of tendering EPC contract which is entirely financed by the government (it is a successful model as indicated
by MoHUA).

It further suggested to adopt the existing method of tendering design, build, finance, operate and transfer (DBFOT) contracts which is either not funded or only partly funded by the government be taken up for only solid waste management system collection transportation processing and disposal.
To undertake only sewage treatment (Non-HAM) existing method of tendering engineering procurement construction (EPC) contract or DBFOT contract for setting up sewage treatment plants under state or central government funding schemes, may be
taken up.

To undertake only sewage treatment (under HAM) model, the bidding documents prepared by NMCG may be taken up while for the projects of both sewage treatment as well as faecal sludge management system, MCA of NITI Aayog under HAM may be taken up.
In view of continuing non-compliance of the solid and liquid waste management rules, the court in January 16, 2019 had summoned chief secretaries of all states and UTs to check the status of non-compliance.
Accordingly, the chief secretaries of all the states/UTs appeared on the scheduled dates till July 18, 2019 and the Tribunal, after reviewing the status of non-compliance on most of the issues directed to set up environmental cells led by chief secretaries, regular periodical monitoring by the chief secretaries at the state level and by the district magistrates at the district level and making at least some cities, towns and villages compliant in the first instance and thereafter making the entire state

The matter was reviewed on September 12, 2019 in the light of reports of the CPCB dated September 9, 2019 showing wide gaps in compliance of solid waste, plastic waste, bio-medical waste management, rejuvenation of identified polluted river stretches, polluted industrial clusters and non-attainment cities.

Accordingly, the chief secretaries of 18 states/UTs appeared and filed updated status reports with huge gaps in compliance; further directions were issued by way of different orders.
In view of the lockdown, further appearance of the chief secretaries could not take place and the NGT accepted the prayer for deferring the presence of the chief secretaries and asked to appear in second round which is fixed at different dates between January 4, 2021 and February 17, 2021.

NGT has asked every state chief secretary to submit a quarterly report to NGT and CPCB, 15 days prior to their appearance which should include a separate column showing compliance of direction for model compliant cities, towns and villages in
every state.
NGT has fixed January 25 for chief secretary of Goa to appear before it for second round.