DUTIES OF OCCUPIER AND (CBWTDF) UNDER BIO MEDICAL WASTE MANAGEMENT RULES

20161

Name – Mitrajsinh parmar

Roll no – 56

INTRODUCTION:
A Common Bio-medical Waste Treatment and Disposal Facility (CBWTF) is a set up where
biomedical waste generated from member health care facilities is imparted necessary
treatment to reduce adverse effects that this waste may pose on human health and
environment. The treated recyclable waste may finally be sent for disposal in a secured landfill
or for recycling.
According to the Bio-medical Waste Management Rules, 2016, "bio-medical waste treatment
and disposal facility" means any facility wherein treatment, disposal of bio-medical waste or
processes incidental to such treatment and disposal is carried out, and includes common bio-
medical waste treatment facilities and "operator of a common bio-medical waste treatment
facility" means a person who owns or controls a Common Bio-medical Waste Treatment and
Disposal Facility (CBWTF) for the collection, reception, storage, transport, treatment, disposal
or any other form of handling of bio-medical waste. Biomedical waste comprises human &
animal anatomical waste, treatment apparatus like needles, syringes and other materials used
in health care facilities in the process of treatment and research. This waste is generated during
diagnosis, treatment or immunisation in hospitals, nursing homes, pathological laboratories,
blood bank, etc. Total bio-medical waste generation in the country is 484 TPD from 1,68,869
healthcare facilities (HCF), out of which 447 TPD is treated.

DISCUSSION:

1
Parmar Mitrajsinh, B.A.LL.B (HONS) IV, Roll No.56, PRN: 2016033800102561, Baroda School of Legal Studies, The
Maharaja Sayajirao University of Baroda.
Duties of occupier and CBWTDF.
Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in
compliance with the standards provided in Schedule-II by the health care facilities and common
bio-medical waste treatment facility
1. Every occupier, i.e. a person having administrative control over the institution and the
premises generating biomedical waste shall pre-treat the laboratory waste,
microbiological waste, blood samples, and blood bags through disinfection or
sterilization on-site in the manner as prescribed by the World Health Organization
(WHO) or guidelines on safe management of wastes from health care activities and
WHO Blue Book 2014 and then sent to the Common bio-medical waste treatment
facility for final disposal.
2. Occupier shall hand over segregated waste as per the Schedule-I to common bio-
medical waste treatment facility for treatment, processing and final disposal: Provided
that the lab and highly infectious bio-medical waste generated shall be pre-treated by
equipment like autoclave or microwave.
3. No occupier shall establish on-site treatment and disposal facility, if a service of
`common biomedical waste treatment facility is available at a distance of seventy-five
kilometer.
4. In cases where service of the common bio-medical waste treatment facility is not
available, the Occupiers shall set up requisite biomedical waste treatment equipment
like incinerator, autoclave or microwave, shredder prior to commencement of its
operation, as per the authorisation given by the prescribed authority.
5. Any person including an occupier or operator of a common bio medical waste treatment
facility, intending to use new technologies for treatment of bio medical waste other
than those listed in Schedule I shall request the Central Government for laying down the
standards or operating parameters.
6. Every occupier shall phase out use of non-chlorinated plastic bags within two years from
the date of publication of these rules and after two years from such publication of these
rules, the chlorinated plastic bags shall not be used for storing and transporting of bio-
medical waste and the occupier or operator of a common bio-medical waste treatment
facility shall not dispose of such plastics by incineration and the bags used for storing
and transporting biomedical waste shall be in compliance with the Bureau of Indian
Standards. Till the Standards are published, the carry bags shall be as per the Plastic
Waste Management Rules.
7. The Occupier or Operator of a common bio-medical waste treatment facility shall
maintain a record of recyclable wastes referred to in sub-rule (9) which are auctioned or
sold and the same shall be submitted to the prescribed authority as part of its annual
 report. The record shall be open for inspection by the prescribed authorities. The
handling and disposal of all the mercury waste and lead waste shall be in accordance
with the respective rules and regulations.
CBWTDF
A Common Bio-medical Waste Treatment Facility (CBWTF) is a set up where biomedical
waste, generated from a number of healthcare units, is imparted necessary treatment to
reduce adverse effects that this waste may pose. The treated waste may finally be sent for
disposal in a landfill or for recycling purposes. . By running the treatment equipment at
CBWTF to its full capacity, the cost of treatment of per kilogram gets significantly reduced.
Its considerable advantages have made CBWTF popular and proven concept in many
developed countries. CBWTF as an option has also been legally introduced in India. The Bio-
medical Waste (Management & Handling) Rules, 1998, gives an option to the bio-medical
waste generator that such waste can also be treated at the common bio-medical waste
treatment facility. The Second Amendment of the Rules in June, 2000, further eased the
bottleneck in upbringing the CBWTF by making Local Authority responsible for providing
suitable site within its jurisdiction. The concept of CBWTF is also being widely accepted in
India among the healthcare units, medical associations and entrepreneurs.
In order to set up a CBWTF to its maximum perfection, care shall be taken in choosing the
right technology, development of CBWTF area, proper designing of transportation system
to achieve optimum results

CONCLUSION:
It can be seen that the BMW Rules, 2016 clearly define mandate of occupier and the operator.
This would serve as check list to accomplish the task of the biomedical waste management for
the occupier, operator and the prescribed authority or regulator authority. Various concerned
Miniseries/departments at Central and State level and the Municipal
Corporation/municipalities are involved as the prescribed authorities. In addition, there is
provision to form advisory committee for the State or Union Territory and the monitoring
committee at district level under the chairmanship of District Collector/District Magistrate or
Deputy Commissioner/Additional District Magistrate to monitor the compliance of the
provisions of these rules. This entire framework would improve the implementation of the
MBW Rules, 2016. Attempts have been made to minimise possible variations in emission
monitoring by specifying the sampling duration (or volume) along with the parameters to be
monitored. The occupier and operator are required to upgrade the existing facility to meet the
standards of total dioxins and furans in stack emissions, maintaining 2 minutes residence time
in secondary incineration chamber, installing continuous emission monitoring equipment,
chemical treatment and other new measures that necessitates resources. 234

2
CPCB. Biomedical waste management - An overview, News Letter, Central Pollution Control Board, Delhi, India.
2014, 16-18.
3
Gazette of India. GSR. 343(E) dated 28 March 2016
4
Biomedical Waste Management Rules, 2016, Ministry of Environment and Forests, Government of India, New
Delhi, India. 2016, 1-37.