New Disaster Waste Management Protocol (2025) | M S Sulthan Legal Associates
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New Disaster Waste Management Protocol (2025): Implications for Hospital Biomedical Units

Disaster Law & Public Health | By M S Sulthan Legal Associates | February 2026

Kerala's geography makes it uniquely vulnerable to natural calamities like floods and landslides. In previous disasters (2018, 2024), a major public health challenge was the contamination of floodwaters with biomedical waste. Addressing this critical gap, the Local Self Government Department (LSGD) has issued a comprehensive Government Order, G.O.(Rt)No.3007/2025/LSGD, outlining mandatory protocols for disaster waste management.

This is not just an environmental guideline; it carries the weight of the Disaster Management Act, 2005. For hospitals, this means that mishandling biomedical waste during a crisis is no longer just a pollution control violation—it is a potential criminal offense.

1. The "Red Protocol" for Crisis Periods

The 2025 Protocol introduces a specific "Red Alert" mode for Biomedical Waste Management (BMW) that triggers automatically when a disaster warning is issued by the State Disaster Management Authority (KSDMA).

Key Mandates for Hospitals

  • Elevated Storage: Hospitals in flood-prone zones (Red/Orange zones) must have a designated temporary BMW storage area located on the first floor or higher. Ground-floor storage during flood alerts is now a violation.
  • Double Segregation: Waste generated during relief operations (e.g., in temporary medical camps) must be double-bagged to prevent leakage during rough transport conditions.
  • Emergency Coordination: Every hospital must have a pre-designated "Disaster Nodal Officer" responsible for coordinating with IMAGE (Indian Medical Association Goes Eco-friendly) if regular pickup routes are blocked.

2. Legal Liability: The Shift to Criminal Negligence

The most significant legal shift is the invocation of the Disaster Management Act, 2005. Previously, non-compliance attracted fines under the Environment Protection Act.

Section 51 of DM Act: Under the new G.O., if a hospital's negligence leads to biomedical waste mixing with public floodwaters, it can be interpreted as "Obstruction to Disaster Relief" or "Endangering Public Life."

Consequence: This allows for the filing of FIRs against Hospital Administrators, with potential imprisonment up to 2 years, unlike the civil penalties of the Pollution Control Board.

3. Infrastructure Compliance for 2026

The G.O. mandates that by the start of the 2026 monsoon season, all clinical establishments must certify that their effluent treatment plants (ETP) are flood-proof. This includes:

  • Raising the plinth level of waste storage sheds.
  • Ensuring non-return valves are installed in drainage lines to prevent backflow of floodwater into the hospital's sewage system.

Sources and Further Reading

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