In recent times all medical professionals have been subjected to various types of ‘Show Cause Notices’ from the Maharashtra Pollution Control Board (MPCB) in the context of Bio- Medical Waste.  We, at IMA MS, would like to convey certain pertinent practical and legal points to be noted by all IMA Branches and Members.

1) MPCB Authorization / Registration

All of us now know that the said 1998 Act as enacted by Parliament pertains to the Bio-Medical Waste (Handling & Disposal).  In accordance to the said Law all Medical Practitioners (General Practitioners, Consultants, Hospitals, Nursing Home etc.,) must fill up the form with MPCB (Maharashtra Pollution Control Board) and get an ‘Authorization’ / Registration.

Failing to fill up the forms and get this ‘Authorization’/Registration from MPCB is a gross contravention of the Law and nobody can save the Medical Practitioner from the penalties that would be levied by MPCB in such instance.

With this communication we urge those IMA Members/ Hospitals, who have as yet not registered and received ‘Authorization’ / Registration from the MPCB to approach MPCB offices STAT and complete the necessary legal formalities.

If any member has a problem in getting registered with MPCB he/she may contact IMA MS office.

2) Incineration v/s Deep Burial

All IMA members are herewith advised that as the Law has clearly stated that “Category 1:  Anatomical Body Waste type of BMW can be disposed by way of INCINERATION /DEEP BURIAL METHOD”.

In towns with population less than 5 lakhs and in rural areas the “Deep Burial Method” of disposal of category 1 BMW is legally permissible.  It is observed that the MPCB officials and the incinerator service providers have been illegally pressurizing our medical fraternity to join the incinerator Service Provider.

The MPCB notices are willfully misrepresenting the facts in the case of PIL (Nos:  32/2006 & 41/2006) in Bombay High court and the Hon. Court directive of March 2006.

In fact these Public Interest Litigations in the Bombay High Court were pertaining to Large Corporation, Municipal and other Govt. Hospitals in Metro Cities who had been disposing Category 1 BMW by Deep Burial Mode.  After hearing the plea the court then directed the Public Health Dept., of Govt. of Maharashtra to file and affidavit conveying their ‘Action taken Report’ in adherence to the 1998 Law.

In another instance, a Star Question (LAQ) was raised in the Maharashtra State Legislative Assembly (Winter Session 2008) by Hon. MLA Dr. Vinay Natu et al regarding the newspaper item of action notice by MPCB against the Ratnagiri Jilha Shasakiya Rugnalaya (Civil Hospital) for illegal disposal of BMW.

In the answer given on the floor of the esteemed House, the Public Health Minister stated that the BMW Disposal of the Civil Hospital, Ratnagiri was done by “Deep Burial Method”  in accordance with the law.  (a copy of this communication is attached).

Hence it should now become amply clear that the stance of the MPCB Officials that everybody MUST join the incinerator Facility because there is a Court directive (and ‘Deep Burial Method’ is not permitted) is a big HOAX being perpetrated on the Medical Fraternity (Now, Wake Up!)

So, at every town and rural areas we can (and MUST) use the Deep Burial Method of disposal for Category 1 Anatomical Body parts Bio-Medical waste.  We should not fall prey to the ‘Dadagiri’ of MPCB and Service Provider.

3)  Standards for Rates of (CBTSD) Service Provider. In various Metro Cities there are many authorized Common Bio- Medical   Waste treatment Storage and Disposal Treatment storage and Disposal Facility (CBTSD) Service Providers.  It is now very clear that:

1.  These Service providers have been fixing their service charges, Registration Charges etc., at their sweet will.

2.  There is at present, no standardization of rates for CBTSD Services Providers

3.  The MPCB is not accepting the responsibility in the matter of standardization of these rates.

4.  The Medical Fraternity is left at the mercy of the CBTSD Service Provider and MPCB always favours the service prodders.

It is essential that we, as IMA MS convey our demands to the state Government that:

1. The Govt. of Maharashtra should constitute an Advisory Committee to supervise the BMW issue.  In fact, in the said notification of the Law of 20th July, 1998 this has been clearly stated on Page 3, Item No. 9.

2.  IMA MS must have proper representation on this Advisory Committee as stated in the Law.

3.  The Fixation of Service Provider’s Rates, Deep Burial Method Applicability etc., issues should come undr the purview of this committee.  These issues can not be left at the mercy and free will of the MPCB officials as it would be a gross contravention of t the Law as enacted by the Govt. of India.

Dr. Sanjeev Sharangapani

Chairmen, BMW Committee, IMA MS

07Th June-2009

IMA MS/99 /2009   June 13, 2009

To,

Hon. Shri. Ganesh Naik,

Minister, Environment & Forests,

Govt. of Maharashtra

Mantralaya, Mumbai

Sub:  BIO- MEDICAL WASTE HANDLING AND DISPOSAL

Dear Doctor,

We, the Indian Medical Association, Maharashtra State (IMA MS) wish to bring to your notice certain pertinent points for urgent consideration as regards the implementation by MPCB of the 1998 Rules as enacted by the Parliament.

We, the IMA MS, wish to convey our total co-operation in the implementation of the said rules. But there are a few grey areas where your intervention seems to be absolutely essential. The areas are:-

1. Formation of Advisory Committee at State Level as mentioned in the enacted Act and written in Item No. 9 on page No. 3.
2. MPCB‘s misrepresentation of Bombay High Court Directive of march, 2006 as regards the availability of the Deep Burial Mode option in towns with population less than 5 Lacs and rural areas.
3. Arbitrary Charges as levied by CBTSD Services Providers in the metropolitan Cities.

Sir, we are sure that you shall look in to this matter promptly and grant us an interview with you  at the earliest.  This would help all concerned in amicably solving the issue of Bio Medical Waste Handling and Disposal all through our State of Maharashtra.

Dr.  Arun Pawade	Dr. Suhas Pingle
Hon. President, IMA MS	Hon. Secretary IMA MS
Dr. Sanjeev Sharangpani Chairman

BMW, Committee, IMA MS

C.C. TO: 1.  Hon. Minister, Public Health

2. Hon Member Secretary, MPCB