M.P. High Court asks State to consider relocating burial site of toxic residue from Bhopal waste New

The Madhya Pradesh High Court has directed the State government to consider relocating the burial site for 850 tonnes of residue generated from the incineration of toxic waste from the Union Carbide factory in Bhopal to a location far from human habitation, and to submit a plan in this regard.

A Division Bench of Justices Atul Sreedharan and Anuradha Shukla passed the directions on July 31 while hearing a batch of petitions filed by various activists. The petitioners have objected to the disposal of the incinerated ash in Pithampur, an industrial town in Dhar district where the 358 tonnes of toxic waste were incinerated earlier in July.

The toxic waste had been stored at the Union Carbide India Ltd. (UCIL) premises for decades after the 1984 Bhopal gas tragedy, which led to the death of 5,479 people and caused serious health issues for over five lakh others. The waste was incinerated at a private facility in Pithampur, more than 40 years after the incident.

While acknowledging that the residue remains toxic and cannot be exposed to the environment, the court directed the State to examine the feasibility of shifting the containment site to a location that is both uninhabited and situated in a low seismic risk zone.

“As it is undisputed that the residue from the incineration process is also toxic and needs to be contained for almost 40 years, this Court directs the State to expeditiously examine the issue of shifting the containment site from habitation to a place, anywhere in the State, which is in least seismic zone and far away from habitation so that even if there is an accidental leaking/leaching of the residue into the ground water sources, human, animal life and the environment are not affected adversely,” the Bench said.

The court also summoned the expert committee it had earlier constituted, which includes representatives from the Central Pollution Control Board (CPCB), the Madhya Pradesh Pollution Control Board (MPPCB), and the National Environmental Engineering Research Institute (NEERI).

The court noted the panel’s submission that “a state of the art facility which is an underground containment of this ash will be built” to safely dispose of the residue.

“However, as of now, the same containment facility is 500 metres away from habitation, as stated by the experts, and 50 metres, as stated by the petitioners,” the Bench observed.

The court further directed the expert panel to file an affidavit stating whether potential leaching of toxic elements into water sources would remain within permissible safety limits.

The Bhopal Group for Information and Action (BGIA), which has been working for the victims of the gas tragedy, has demanded that the toxic residue be sent to the United States under the ‘polluter pays’ principle, as Dow Chemical Company – a U.S.-based firm – acquired Union Carbide in 2001.

BGIA member and petitioner Rachna Dhingra also raised concerns regarding the level of mercury emissions during the incineration process, alleging that the authorities had not disclosed the exact quantities.

“They are claiming minimal mercury emission during the burning of the waste. They are saying that it is also not there in the residue. So, the question is that since mercury was in high amounts in the waste, where did it go?” Ms. Dhingra said, speaking to The Hindu.

Residents of Pithampur, particularly those from five villages near the waste treatment facility, had earlier opposed the incineration and now fear contamination of water bodies and soil from potential leaks at the proposed burial site.