National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 2 September, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.01:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 186 of 2020 (SZ)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU based on the
News item in The New Sunday Express Newspaper
Dated: 20.07.2020, "Ranipet Residents health at risk due to
Pollution; Chromium waste killing agriculture in Ranipet
Poses long-term health risks."
And
Union of India
Rep. by its Secretary
Ministry of Environment and Forests and Climate Change,
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi and Ors.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. R. Thirunavukarasu for R2.
Dr. D. Shanmuganathan for R3 to R7, R9 & R10.
Mr. S. Sai Sathya Jith for R8.
Judgment Pronounced on: 02nd September 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.186/2020 (SZ) 02nd September, 2022. Mn.
Page 1 of 81Item No.01:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference) Original Application No. 186 of 2020 (SZ) IN THE MATTER OF Tribunal on its own motion-SUO MOTU based on the News item in The New Sunday Express Newspaper Dated: 20.07.2020, "Ranipet Residents health at risk due to Pollution; Chromium waste killing agriculture in Ranipet Poses long-term health risks."
And
1) Union of India Rep. by its Secretary Ministry of Environment and Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.
2) Central Pollution Control Board Rep. by its Chairman, 'Parivesh Bhawan', East Arjun Nagar, Shahdara, Delhi-110 032.
3) The Principal Secretary to Government Public Works Department, Govt. Secretariat, Fort St. George, Chennai - 600 009.
4) The Principal Secretary to Govt. of Tamil Nadu Health and Family Welfare Department, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
5) The Secretary to Govt. of Tamil Nadu Department of Environment, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
6) Additional Chief Secretary to Govt. of Tamil Nadu Municipal Administration and Water Supply Department Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
7) The Principal Secretary to Govt. of Tamil Nadu Industries Department Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
8) The Chairman Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.
Page 2 of 819) State Ground And Surface Water Resources Data Centre Rep. by its Chief Engineer, Tharamani, Chennai - 600 113.
10) The District Collector Ranipet District, Collectorate, Kellys Road, Navalpur, Ranipet- 632 401.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. R. Thirunavukarasu for R2.
Dr. D. Shanmuganathan for R3 to R7, R9 & R10.
Mr. S. Sai Sathya Jith for R8.
Judgment Reserved on: 22nd August 2022.
Judgment Pronounced on: 02nd September 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in 'The New Sunday Express' daily dated 20.07.2020 under the caption "Ranipet residents' health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long-term health risks".
2. It was alleged in the newspaper report that people in Ranipet area are facing great danger of pollution being caused on account of industrial pollution. This has been a concern for a long period which was considered by the Hon'ble Apex Court in Vellore Citizens Page 3 of 81 Welfare Forum Vs Union of India & Ors.1 and after considering the factual situation after getting the report from the committee appointed by the Hon'ble Apex Court, issued stringent direction to the regulated authorities even to close down the industries which were responsible for causing pollution, till they made necessary pollution control mechanism to avoid such pollution to the water bodies.
3. It was also seen from the newspaper report that large scale Chromium bearing waste was being dumped in the areas which affected the health of the people, as it had caused contamination of the water bodies nearby. It was also mentioned in the newspaper report that it was scientifically proved factor that Chromium deposit is carcinogenic in nature which is a base cause for causing cancer among the public. Though certain studies have been made by the persons interested in protecting environment regarding how the Chromium contamination in and around Tamil Nadu Chromate Chemicals Limited (TCCL) in SIPCOT Industrial Estate, Vellore District, has to be dealt with, despite, on ground level, no effective steps have been taken for remedying the situation. Further, an action plan for abatement of pollution in critically polluted area/SIPCOT Industrial Complex, Ranipet was prepared by the Tamil Nadu Pollution Control Board. But in spite of that, no effective steps have been taken for implementation of the action plan to remedy the situation to provide permanent solution for the people residing at Ranipet, either by the State Government or by the regulators.
4. On going through the allegations made in the newspaper report, since the Tribunal was satisfied that there arose a substantial question of environment, as Chromium contaminated area will have great health impact on residents, admitted the matter and appointed a Joint Committee comprising of (i) a Senior Scientist from the Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional office, Chennai, (ii) a Senior Scientist from the Central Pollution Control Board, Regional Office, Chennai, (iii) Superintending Engineer from Public Works Department (Water Resources Organisation), (iv) Chief Engineer or a Senior Officer deputed from the Office of the State Ground and Surface Water Resources Data Centre, Chennai, (v) District Collector, Ranipet District or a Senior Officer not below the 1 (1996) 5 SCC 647 Page 4 of 81 rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, (vi) a Senior Officer from the State Industries Department and (vi) a Senior officer from Tamil Nadu Pollution Control Board as deputed by the Chairman to inspect the Chromium contaminated site at Ranipet and submit a factual as well as action taken report, if there is any violation found.
5. The Joint Committee was directed to go into the question regarding the source of pollution and the ground water quality in that area and what are all the remedial measures already taken in view of the directions given by the Hon'ble Apex Court in Vellore Citizen 2 Welfare Forum Vs Union of India & Ors. for disposal of hazardous substance generated by the industries and its violation, the nature of action taken by the regulating authorities against the person who are committing such repeated violations, action plan that has been prepared and its stage of implementation and its result and whether any alternate provision has been made for providing clean potable water to the people in Ranipet, if it is infected by Chromium and Lead and submit a report including assessment of environmental compensation for the damage caused and the remedial measures to be taken to rectify the same and restore the water bodies and soil from pollution.
6. The Joint Committee was also directed to conduct the water analysis of the nearby water bodies and also ground water that is being supplied to the people in the locality. They were also directed to assess the hazard quotient of that area and prepare an action plan with long and short-term measures with lesser timelines, so as to remedy the situation and provide safety to the people residing therein. They were also directed to inspect the individual industries in the industrial estate to ascertain as to whether all environmental pollution control measures have been provided and whether they are strictly adhering to the environmental laws and if there is any violation found, then they were directed to take action against those violators including issuing necessary direction for closure until remedial measures are taken which will improve the situation apart from imposing environmental compensation against those violating industries.
2(1996) 5 SCC 647 Page 5 of 81
7. The Central Pollution Control Board, Regional Office, Chennai was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose. Thereafter, the matter has been adjourned from time to time at the request of the parties.
8. The Central Pollution Control Board has filed the status report dated 24.11.2020, received through e-mail dated 24.11.2020 which reads as follows:-
"Status Report Filed on Behalf of Central Pollution Control Board
1. It is submitted that the soil, sediment and groundwater in and around the closed premises of M/s Tamil Nadu Chromate Chemicals Limited (hereinafter referred to as TCCL) at SIPCOT Industrial Estate in Vellore District has been contaminated with hexavalent chromium and other heavy metals. The contamination is spread over a large area and the off-site contamination is found in a direction along natural surface water and subsurface flow from TCCL. The site is therefore identified as one of the priority area in the country for remediation.
2. It is submitted that in the year 2011-12, Ministry of Environment, Forest and Climate Change (hereinafter referred to as MoEF&CC), Government of India has initiated a Project with scheme from National Clean Energy Funds (hereinafter referred to as NCEF) for assessment and remediation of 12 priority contaminated area in the country. The TCCL contaminated area has been identified as one of the priority sites requiring remediation under NCEF Project.
3. It is submitted that the MoEF&CC, has identified CPCB as a Project Implementing Agency for „Remediation of 12 priority hazardous waste contaminated areas. The first phase of the NCEF project was envisaged for preparation of Detailed Project Reports (DPRs) for remediation of aforesaid contaminated areas including TCCL area.
4. It is submitted that in order to execute NCEF project CPCB has constituted two Committees i.e. Project Steering Committee (hereinafter referred to as PSC) to take necessary decisions pertaining to administrative, technical and financial matters for the project and Technical Expert Committee (hereinafter referred to as TEC) as an advisory body on suggesting and recommending technical aspects of the NCEF project.
5. It is submitted that as per the terms of NCEF project scheme, Central funding for assessment and remediation of contaminated area was limited to 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public- Private Partnership/State support, etc. The said project was initiated in 6 States including Tamil Nadu State who had given in-principle approval for funding State‟s share of 60% (a copy of in-principle approval for State share is annexed at Annexure-I).
6. It is submitted that the project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014. However, NCEF Project of MoEF&CC has been discontinued by Government of India due to non-availability of funds under NCEF scheme.
7. It is submitted that under NCEF project, CPCB has completed Detailed Project Report for remediation of Ranipet chromium contaminated site based on detailed site assessment studies including risk assessment. The report was submitted to TNPCB and TN State Government with request to take-up remediation works as per said DPR.
8. It is submitted that detailed site investigation was carried out by taking samples form 63 soil boreholes, 30 monitoring wells, 12 sediment boreholes, existing open wells, hand pumps, 11 bore water and 14 surface water samples. Key findings of detailed site investigation is given below:
The main source of contamination is the waste dump located in the northern portion of the Site;
Secondary sources of contamination attributed to abandoned CETP pumping wells located north of Site;
Total Chromium and Hexavalent Chromium, have been identified as contaminants of concern in soils, groundwater and surface Page 6 of 81 waters. Results indicates that the total and hexavalent chromium contamination is mainly limited to the on-site waste dump area and along the groundwater contamination plume migrating to off-site towards south of TCCL site. Further surface water impacts in the form of seepage from TCCL site flowing in open drains towards off-site areas in south of TCCL site.
There is active contamination in surface drains due to seepage on-site waste dump at TCCL as well as run-off from dumpsite during monsoon.
Sediment samples in receiving water bodes does not show hexavalent Chromium above its Limit of Reporting (LoR) but total chromium was detected in concentrations above the reference criteria.
Cluster wells installed within TCCL premises in southwest corner (groundwater flow direction is northeast to southwest) indicate that total and Hexavalent Chromium in groundwater observed up to a depth of 45m below ground level (bgl) with maximum concentrations occurring at 30m bgl;
9. It is submitted that at TCCL premises, the maximum concentration of hexavalent chromium was 5,596 mg/kg in soil and 277.6 mg/l in groundwater. In off-site areas, hexavalent chromium in groundwater observed between 0.18 mg/l to 49.43 mg/l. The permissible drinking water standard for chromium is 0.05 mg/l.
10. It is submitted that Total and hexavalent chromium concentrations exceeded reference levels in the off-site groundwater sampling locations up to 0.5 km south of Site. Traces of contamination was found along the groundwater plume towards southwest direction from site up to a distance of about 2 kilometers, after which no contamination in groundwater was noticed further downstream towards the Palar River. The reason for the same is attributed to obstruction to groundwater flow influenced by naturally occurring geological fault.
11. It is submitted that the off-site area with chromium contamination in groundwater are residential areas, comprising of open spaces, ponds along with limited agricultural activity.
12. It is submitted that the Human Health Risk Assessment (HHRA) was carried out as part of the study to derive site specific remediation target levels (SSTLs) for remediation.
13. It is submitted that the contaminated area at Ranipet and the adjoining areas of TCCL site was inspected by Technical Expert Committee (hereinafter referred to as TEC) constituted by CPCB along with the representatives of CPCB, TNPCB and CPCB‟s Consultant on 13.03.2017. Subsequently, in the 9th meeting of the TEC had reviewed the technologies for remediation of said contaminated area. Further, TEC in its 13th meeting held on 02.07.2018 recommended the technologies for remediation of said contaminated area had been accepted by Project Steering Committee (PSC) under chairmanship of Chairman, CPCB.
14. It is submitted that the estimated cost of remediation of TCCL contaminated site is Rs. 206 crore and apart from this, a groundwater remediation system is required to be operated for about 10
- 15 years at annual operating cost of about Rs. 10 - 15 crore. The remediation activity may comprise of the following;
a. Excavation, treatment and disposal of contaminated soil and waste in an on-site secured landfill at about Rs. 194 crore;
b. Groundwater remediation by installing abstraction system (pump and treat system) along with a common water treatment plant for chromium contaminated water at an estimated cost of Rs. 12 crore;
15. It is submitted that CPCB vide letter dated 11.01.2019 was forwarded the final DPR to TNPCB with request to taken-up remediation works. A template of bid document was also forwarded to State Government and TNPCB vide CPCB letter dated 13.02.2019 for execution of remediation works as per DPR prepared under NCEF project (a copy of said letter is annexed at Annexure-II).
16. It is submitted that since NCEF Project of MoEF&CC has been discontinued by Government of India, funds for execution of remediation works (as per the DPR) may be arranged by Government of Tamil Nadu/ TNPCB. Since the TCCL was operated by State government department and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant.
17. It is submitted that outlines of the findings of the site investigation, human health risk assessment study carried out under Page 7 of 81 NCEF project including technology screening, the approach for remediation of contaminated soil, sediment, surface water & groundwater both at on-site and off-site of TCCL area at Ranipet, Tamil Nadu is annexed at Annexure - III.
PRAYER It is humbly prayed before this Hon‟ble Tribunal in the interest of Justice that this Hon‟ble Tribunal may be pleased to pass an order to;
i) Direct government of TN State to take-up remediation of TCCL contaminated area being the responsible party who operated the plant. The remediation work may be executed as per the DPR prepared by CPCB.
ii) The cost of remediation works may be borne by TN State who may also recover a portion of the cost from other responsible parties.
iii) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
iv) State Level Monitoring Committee (SLMC) may be constituted by TNPCB to monitor and supervise the remediation works.
v) CPCB may provide technical assistance and also verify the remediation works as and when required.
vi) The Committee constituted by Hon‟ble NGT in its Suo-Moto may be granted six months time to inspect individual units which comprises of 369 units and file their report. (Reference to para 12 of the order dated 28.9.2020) Pass any such and further order, as this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of the case."
9. On the basis of the report submitted by the CPCB, this Tribunal had passed the following order:-
"8. It is quite unfortunate that Central Pollution Control Board (CPCB) who has been made a member of the committee, of conducting the inspection regarding the present status on the basis news paper report, to submit the remedial measures and also the progress of the programme that has been earlier started for this purpose. If the Central Government scheme has been withdrawn then, what is the nature of steps taken by the State Government and the regulating authorises to remedy the situation. The directions mentioned in the status report will not be sufficient for the purpose of effective disposal of the case. It is for them to prepare an action plan on the basis of the findings including the health study with they are expected to conduct including the contamination of water, the source of contamination the remedial measures to be taken to resolve the issue permanently and also indicate the temporary measures which will have to be taken for the purpose of mitigating the situation till permanent solution is implemented etc.
9. They are also expected to calculate the cost required for restoration and environmental compensation to be recovered from the persons who are responsible for causing such disaster.
10. The State Government is also expected to come with a proper action plan as it is not a simple issue which can be solved at the regulators level. A policy decision will have to be taken by the Government as to how such larger public interest disaster needs to be managed and to co-ordinate with concerned departments which are all required for the purpose of implementation of the policy, so as to achieve the goal which was intended by such scheme or policy that has been taken and also the implementation should be monitored by an Apex level responsible officer, so as to give necessary directions and guidelines as to how this will have to be implemented in its letter and its spirit, so as to protect the life of the people in that area especially when such serious things have been noticed by the Hon‟ble Apex Court in Vellore Citizens‟ case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) as mentioned above.
11. When this was pointed out the counsel appearing for the Central Pollution Control Board (CPCB) submitted that they will take into account the directions given by the Tribunal in its letter and its spirit and come with a proper and effective report so as to resolve the issue.
They wanted six months time for filing the status report. But three months have already lapsed after appointing the committee, but not even an interim report has been filed for this purpose. So under such Page 8 of 81 circumstances we feel that three more months‟ time can be given to the committee to proceed with the work and file a report. If they are not able to file the final report, at least, they have to file an interim report regarding the nature of work done by them and the nature of studies conducted by them etc.,
13. In the mean time, the respective State Government Departments are also directed to file their independent written response to the allegations made and the steps taken from their side for the purpose of mitigating the issue especially in view of the directions given by Hon‟ble Apex Court in Vellore Citizens‟ case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) as mentioned above.
14. They are also expected to mention in their written response as to whether the steps taken by them are effective and whether any improvement has caused in controlling the pollution and degradation caused on account of the pollution which was found in the above said case."
10. Thereafter, the matter was taken up on 16.08.2021 along with O.A. No.131 of 2020 (SZ) filed by another person alleging that pollution being caused to the water bodies on account of certain industries, and on that day, this Tribunal considered the status report submitted by the Tamil Nadu Pollution Control Board dated 18.03.2021, e-filed on 23.03.2021 and extracted in Para (6) of the order which reads as follows:-
"STATUS REPORT FILED ON BEHALF OF THE RESPONDENT TAMILNADU POLLUTION CONTROL BOARD
1. ... xxx ... xxx ...
3. It is respectfully submitted that, the Ranipet District (formerly Vellore Dist.), Ranipet Town is located at 12 56° Northern latitude and 79.20° eastern longitude and is 93 KM west of Chennai. It is geographically 25 km away in the North East of Vellore, the District Headquarters of Vellore District. Ranipet has been selected by the SIDCO & SIPCOT to establish the estates/complexes, since it is situated at a distance of 3.5 km from River Palar and adjoining Chennai - Chittoor Bangalore Road (NH-4). Palar river is one of the major water sources running West to East located at downstream of the Industrial complex and other water bodies namely Puliyankannu and Karai Eri located in the downstream of the site.
4. It is respectfully submitted that the SIPCOT Industrial complex, Ranipet was established during the year 1973. The industrial complex has Phase-I, Phase-ll and Phase III where the Petro - chemical, Bulk drugs & Pharmaceuticals, Heavy Engineering, Foundry, Chemicals, Tanneries wet and Dry processes and miscellaneous industries are located including the defunct site of M/s Tamilndu Chromates and Chemicals Ltd., (TCCL). The Ranipet SIPCOT Industrial Complex lies in the North-West of Ranipet town and the area of SIPCOT Industrial Complex comprising of Phase I & II is 862.91 Acres. Tamil Nadu Pollution Control Board has identified the industries located in Small Industries Promotion Corporation of Tamilnadu (SIPCOT) (Phase I & II) & Small Industrial Development Corporation Limited (SIDCO) of Ranipet area as the industrial cluster in former Vellore District (North Arcot). The SIPCOT industrial complex has the following infrastructure such as i) Water supply from head works at Palar River and 16 bore wells at Thengal village adjacent to the river Palar. ii) Roads - Length of 13.75 Km. Apart from there a Post office, Fire station, Police, dispensary & Canteen are being operated in this area. The SIPCOT industrial complex, Ranipet is surrounded by the following topography North - Agravaram Village East - Vanapadi Village South - Karai Village West - Puliyenkanu Village.
5. It is respectfully submitted that there are 1234 industries are located in the Ranipet District out of which 369 industries are located in Phase - I and Phase - Il of SIPCOT - SIDCO industrial complex area under the following categories of such as 17 Category, Red large, Red medium, Orange large, Orange medium, Green large, Green medium and small scale Page 9 of 81 industries of Red, Orange and Green categories respectively in the SIPCOT
- SIDCO Ranipet area. There are four Common Effluent Treatment Plants (CETPs) are located in the Ranipet District out of which, two CETPS namely M/s Ranipet Tannery Effluent Treatment Company Limited, Chennai Krishnagiri By Pass Road, V.C. Mottur Village, Vannivedu (Post), Walajapet Taluk, Ranipet District and M/s Visharam Tanners Enviro Control Systems Private Limited, Melvisharam, Ranipet District are located out of SIPCOT - SIDCO area and other two CETPs M/s Ranipet SIDCO Finished Leather Effluent Treatment Company Limited, SIDCO Industrial Estate, Karai Village, Ranipet, Walajapet Taluk, Ranipet District and M/s. SIPCOT & SIDCO PHASE II Entrepreneur Finished Leather Effluent Treatment Company (P)Ltd., Plot No 105, SIPCOT Industrial Estate, Phase II, Puliyanthangal, SIPCOT, Ranipet with the member tannery units of 99 Nos.
of the above CETPs , 1 No. of Individual Effluent Treatment Plant (IETP) are Located in the SIPCOT - SIDCO Ranipet area. The other 6 IETPs are located outside of SIPCOT area. All the member tannery units are connected with CETPs where the pretreated trade effluent from the member tannery is discharged through CETP conveyance main pipe line for further treatment so as to achieve the Zero Liquid Discharge (ZLD) system so as to comply the directions issued by Hon'ble Apex Court with respect to the case of Vellore Citizens case Welfare Forum Vs Union of India and others (1996) 5 SCC 647) forum from time to time. The pre treated trade effluent generated member tannery units is discharged through CETP conveyance pipeline after the pre-treatment system and further the partially treated trade effluent is treated with Effluent treatment plant (ETP) consisting of primary and secondary (biological treatment) and tertiary treatment system so as to reduce the pollution load for the subsequent further treatment followed by Reverse Osmosis and Reject Management System. In the R.O system, the R.O permeate water is being reused and recycled by the member tannery units , Reject is evaporated through Multiple Effect Evaporator (MEE) and recovered salt from the MEE system is being bagged and stored within the closed shed for further scientific disposal. Similarly the other kind units are also having similar system of treatments so as to achieve Zero Liquid Discharge system at all times.
6. It is respectfully submitted that the TNPCB has initiated the serious action on the violating industries which are located in the Critically Polluted Area (CEPI Area), SIPCOT, Ranipet and imposed an Environmental Compensation (EC) of Rs. 666.38 lakhs so as to comply Hon'ble NGT Case (SZ) of 1038/2018 Dt. 14.11.2019 vide Board's Lr.T4/TNPCB/F.2643/CEPI/ECNLR-26/2020 Dt.28.01.2020 and further small industry associations have obtained the stay on the impugned orders dt. 10.08.2019 and 14.11.2019 passed by the Hon'ble National Green Tribunal, Principle Bench, New Delhi from the Hon'ble Supreme Court of India. Further an Environmental Compensation of Rs. 18.6 Lakhs and Rs. 17.40 Lakhs was also imposed for repeated violation & non compliance of consent order conditions to the 17 category industry of Ms Thirumalai Chemicals Ltd., SIPCOT, Ranipet vide Board's Proceeding No.T5/TNPCB/F.0892/LR/RL/W/2019 Dated: 13.11.2019 and Board Letter Dt. 08.01.2021 respectively. The unit has also remitted the above Environmental Compensation. Similarly another 17 category unit in the same location of Ranipet SIPCOT. The unit of M/s. Malladi Drugs & Pharmaceuticals unit-III, SIPCOT, Ranipet an Environmental Compensation of Rs.47.10 Lakhs was imposed vide Board's letter Dt. 08.01.2021 for non compliance of the consent order conditions and violation caused by the unit. The unit has also remitted the same. In view of the above it is respectfully submitted to the Hon'ble NGT(SZ) that the TNPCB is continuously monitoring the industries located in the SIPCOT-SIDCO Ranipet area and taking the action on the industries so as to comply with various directions issued by the Hon'ble NGT orders.
7. It is respectfully submitted that the M/s Tamil Nadu Chromates and Chemicals Ltd (TCCL), a defunct unit located at Ranipet was operated as joint venture with TIDCO between the years 1975 to 1988 and as a private limited company thereafter the unit manufactured sodium bichromate, basic chromium sulphate and sodium sulphate using chromate ore.
8. It is respectfully submitted that the unit stopped its operation from the year 1995. About 2.2 Lakh Tonnes of chromium bearing hazardous waste generated during process activity was dumped at the backyard of the premises on open land over an extent of 2 hectares to a height of 3 to 5 meters. The leachate generation from the Page 10 of 81 chromium bearing hazardous waste of stockpile is causing chrome contamination of land, ground water in that area.
9. It is respectfully submitted that the TNPCB has initiated a series of legal actions which includes the issue of closure, directions under Sec. 5 of EPA, 1986, filling of cases in the Hon'ble High Court of Judicature at Madras. However, no progress on remediation could be achieved as there was change in the company management and difficulties being encountered in tracing & recovery of funds for implementation.
10. It is respectfully submitted that the MOEF & CC, GOI, New Delhi has initiated the project on remediation of hazardous waste contaminated areas in the country (8 sites) with CPCB, Delhi as an executing agency under the National Clean Energy Fund (NCEF) during 2011 which includes chromium contaminated area at TCCL, Ranipet. Accordingly M/s ERM India Pvt. Ltd has conducted detailed study at contaminated site and submitted DPR and also furnished additional information based on issues raised during the meeting held on 14.10.2019 under the chairmanship of Chief Secretary, Govt. of Tamil Nadu. Total estimated costs for remediation work at M/s TCCL is worked out as Rs.556 Crores. Meantime , Additional Chief secretary to Government (ACS), Environment and Forest department and the Chairman, TNPCB inspected the dump site on 20.08.2020 and subsequently addressed to the Chairman vide D.O Letter Dt. 25.08.2020 and mentioned that the leachate generation from the chromium bearing hazardous waste stockpile which is kept in open and there is possibility of further environmental degradation and it was stated that the implementation of the remediation proposal given by the ERM by mobilizing funding will take longer time, instructed to follow certain temporary measures as below, Cover the entire dump area with HDPE sheet so as to influence both the erosive agent (water) and the medium being eroded (chromium) Providing garland all around the site so as to divert the rain water runoff from the site
11. In view of the above the JCEE (M)/TNPCB Vellore has submitted the letter to Member Secretary, TNPCB vide his letter No. JCEE/TNPCB/TCC/compl/2020/Dated 09.09.2020. The Member secretary/TNPCB vide memo NO.T4/TMPCB/F. 005718/TCCLI VLR/2020 dated 29.9.2020 has called the detailed report on remediation of contaminated site with time bound action Plan & Budgetary estimate based on the inspection of the TCCL site by Additional Chief secretary to Government, Environment and Forest department and the Chairman, TNPCB with the following:
Cover the entire dump area with HDPE sheet so as to influence both the erosive agent (water) and the medium being eroded (chromium).
Providing garland drain all-round the site so as to divert the rain water runoff from the site.
Budget estimate for the above may be prepared and got approved in the board. The funding may be met from the environmental compensation fund available with the board.
Further as per the ACS instruction, it shall also followed up with the CPCB so as to take-up the site remediation as per the DPR given by the ERM consultant with source for funding.
Further letter Dt. 5.10.2020 was addressed to the Board from JCEE(M), Vellore to call for the budgetary estimate from the reputed agency such as ERM/PWD /Tamilnadu Waste Management Limited, Gummudipoobdi etc., towards temporary remediation of the above contaminated site of TCCL.
12. It is respectfully submitted that the Tamilnadu Pollution Control Board has taken series of continuous remedial action to protect the ground water quality and taken action against the erring industries in and around the Ranipet area and complying the orders passed by the Hon'ble Supreme Court of India in SLP filed by Vellore Citizens case Welfare Forum Vs Union of India and others (1996) 5 SCC 647."
11. This Tribunal also considered the report submitted by the Joint Committee signed by some of the members with date 15.04.2021, e- filed on 16.04.2021 and extracted in Para (10) of the order which reads as follows:-
Page 11 of 81Report of the Joint Committee in the matter of OA No. 186/2020 (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 21.01.2021 & 03.02.2021)
1. Background The Hon'ble National Green Tribunal, Southern Zone, Chennai has taken Suo Motu case on the basis of the newspaper report published in "The New Sunday Express Newspaper Edition dated: 20.07.2020 under the captions "Ranipet residents health at risk due to pollution;
Chromium waste killing agriculture in Ranipet, poses long-term health risks". In the matter of OA no. 186 of 2020 constituted a committee and directed that;
"......9. In order to ascertain the present state of affairs and also the remedial measures to be taken for the purpose of rectifying this hazard in a permanent manner, we feel it appropriate to appoint a joint committee comprising of 1) a Senior Scientist from Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional office, Chennai 2) a Senior Scientist from Central Pollution Control Board, Regional Office, Chennai 3) a Superintending Engineer from Public Works Department and Water Resources Organisation
4) a Chief Engineer or a Senior Officer deputed from the Office of the State Ground and Surface Water Resources Data Centre, Chennai 5) the District Collector, Ranipet District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector 6) a Senior Officer from the State Industries Department and 7) a Senior officer from Tamil Nadu State Pollution Control Board as deputed by the Chairman, Tamil Nadu State Pollution Control as designated by its Chairman to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
10. The committee is directed to go into the question regarding the source of pollution and the ground water quality in that area and what are all the remedial measures already taken in view of the directions given by the Hon‟ble Apex Court in Vellore Citizens Case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) disposal of hazardous substance generated by the industries and its violation the nature of violation taken by the regulating authorities against the person who are committing such repeated violations, action plan that has been prepared and its stage of implementation and its result and whether any alternate provision has been made for providing clean potable water to the locality of the people, if it is infected Chromium and Lead and submit a report including assessment of environmental Page 12 of 81 compensation for the damage caused and the remedial measures to be taken to rectify the same and restore the water bodies from pollution.
11. The committee is also directed to conduct the water analysis test of the nearby water bodies and also ground water that is being supplied to the people in the locality. They can also assess the hazard quotient of that area and prepare an action plan with longer and shorter measures with lesser timelines, so as to remedy the situation.
12. They are also directed to inspect the individual industries in the industrial estate to ascertain as to whether all environmental laws mechanism are being strictly adhere to by them and if there is any violation found then, they are directed to take action against those violators including issuing necessary direction for closure until remedial measures are taken which will improve the situation apart from environmental compensation against those violating industries. „
13. The Central Pollution Control Board, Regional Office, Chennai will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
14. The committee is directed to submit the report to this Tribunal on or before 25.11.2020..."
As per the scope of the direction given by Hon'ble Tribunal, Central Pollution Control Board has already taken up the study for preparation of Detailed Project Reports (DPRs) for remediation of contaminated areas in the country under National Clean Energy Fund (NCEF) project. The chromium contaminated area at Ranipet, Tamil Nadu has been identified as one of the priority area requiring remediation. In this regard, a status report was filed by CPCB on 24th November 2020 and requested six-month time for carrying out inspection of the industries located in the SIPCOT, Ranipet.
Further, Hon'ble Tribunal in its order dt. 03.02.2021 stated and directed as follows;
"... 8. It is quite unfortunate that Central Pollution Control Board (CPCB) who has been made a member of the committee, of conducting the inspection regarding the present status on the basis newspaper report, to submit the remedial measures and also the progress of the programme that has been earlier started for this purpose. If the Central Government scheme has been withdrawn then, what is the nature of steps taken by the State Government and the regulating authorises to remedy the situation. The directions mentioned in the status report will not be sufficient for the purpose of effective disposal of the case. It is for them to prepare Page 13 of 81 an action plan on the basis of the findings including the health study with they are expected to conduct including the contamination of water, the source of contamination the remedial measures to be taken to resolve the issue permanently and also indicate the temporary measures which will have to be taken for the purpose of mitigating the situation till permanent solution is implemented etc.
9. They are also expected to calculate the cost required for restoration and environmental compensation to be recovered from the persons who are responsible for causing such disaster.
10. The State Government is also expected to come with a proper action plan as it is not a simple issue which can be solved at the regulators level. A policy decision will have to be taken by the Government as to how such larger public interest disaster needs to be managed and to co-ordinate with concerned departments which are all required for the purpose of implementation of the policy, so as to achieve the goal which was intended by such scheme or policy that has been taken and also the implementation should be monitored by an Apex level responsible officer, so as to give necessary directions and guidelines as to how this will have to be implemented in its letter and its spirit, so as to protect the life of the people in that area especially when such serious things have been noticed by the Hon‟ble Apex Court in Vellore Citizens‟ case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) as mentioned above.
11. When this was pointed out the counsel appearing for the Central Pollution Control Board (CPCB) submitted that they will take into account the directions given by the Tribunal in its letter and its spirit and come with a proper and effective report so as to resolve the issue.
They wanted six months time for filing the status report. But three months have already lapsed after appointing the committee, but not even an interim report has been filed for this purpose. So under such circumstances we feel that three more months‟ time can be given to the committee to proceed with the work and file a report. If they are not able to file the final report, at least, they have to file an interim report regarding the nature of work done by them and the nature of studies conducted by them etc..."
The committee is directed to submit the report on or before 19.04.2021.
Page 14 of 812. Constitution of Committee In compliance of the Hon'ble Tribunal the committee constituted with the following members;
1. Sub-Collector, Ranipet (Rep. District Collector)
2. Scientist D, MoEF&CC, RO, Chennai
3. Scientist D, CPCB, RD, Chennai
4. Joint Chief Environmental Engineer, O/o JCEE (M), TNPCB, Vellore
5. Superintending Engineer, WRD, Pennaiyar Basin Circle, Tiruvanamalai
6. Executive Engineer, Ground Water Department, Vellore
7. Project Officer, SIPCOT, Ranipet
8. Deputy Director, DISH, Vellore
3. Committee Meeting Upon the constitution of the committee, a meeting was conducted on 16.12.2020 at Collectorate Office headed by the District Collector, Ranipet.
Discussion about Chromium dumpsite:
The status report dt. 24.11.2020 filed by CPCB was discussed. The joint committee felt that as per the scope of the committee directed by Hon'ble Tribunal was already completed and reported under NCEF project of MoEF&CC with remediation cost estimation. At present, remediation work is pending, which is to be carried out by TN State. Since financial matters is involved to remediate the site as well as affected area, Government of Tamilnadu needs to take further action.
District Collector informed that Govt. of Tamilnadu has written letter to Govt. of India for financial support to execute remediation works.
CPCB member informed that as per the terms of NCEF project scheme, Central funding for preparation of DPRs and remediation of contaminated area was 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public-Private Partnership/State support, etc. The said project was initiated in 6 States including Tamil Nadu who had given in-principle approval for funding State's share of 60%. The project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014. However, NCEF Project of MoEF&CC has been Page 15 of 81 discontinued by Government of India. CPCB has completed Detailed Project Report for remediation of chromium contaminated site at Ranipet, Tamilnadu based on detailed site investigation including human health risk assessment studies. The DPR along with templates of bid document was forwarded to Government of Tamil Nadu and TNPCB for execution of remediation works.
Since the TCCL was operated by State Government Department, TIDCO and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant.
Discussion about inspection of industries Further, the committee discussed about the inspection of industries located in SIPCOT, Ranipet. TNPCB informed that, there are 349 industries including 17 categories, Red, Orange Green& CETPs.
The committee decided to carry out the inspection of water polluting industries 17 categories, Red (Large & Medium) & CETPs during December 22 to 24, 2020 and informed the TNPCB to submit the details of other violating water polluting industries Red (Small) & Orange.
Discussion about assessment of Water Quality In the matter of OA no. 131/2020, Hon'ble Tribunal directed the committee to assess the water quality to know the impact of pollution due to M/s Tirumalai Chemicals Ltd. In this matter, the committee has carried out monitoring of ground water, surface water & soil/sediment in and around the industry, which is adjacent to the M/s Tamilnadu Chromates & Chemicals Ltd., (M/s TCCL) on 16.12.2020. In the matter of OA no. 186/2020, the committee is directed to assess the present water quality. Since both the issue pertained in the same area, the committee decided to utilise the information submitted in the OA no. 131/2020. The findings in the matter of OA no. 131/2020 also reveals that chromium contamination is observed in the nearby surface water bodies & ground water. The findings are as follows;
1) During the study, Oxalic acid presence is identified in most of the location around the SIPCOT industrial area and its downstream and in all water bodies.
To identify the sources of oxalic acid, inlet effluent samples of Common Effluent Page 16 of 81 Treatment Plant (CETP) were collected and same is found, which shows the oxalic acid pollution may be due to Tanneries/CETPs earlier/past discharge.
2) Presence of Hexavalent Chromium were also identified in the water bodies, which is due to the continuous seepage water flowing from openly stored sludge present in the closed unit of M/s Tamilnadu Chromate and Chemical Ltd., (TCCL).
3) Untreated sewage flow from nearby residential areas is also polluting the water bodies.
4) The drains/ channels connecting to the water bodies belongs to SIPCOT industrial area as well as the other local bodies found grown with bushes/plants, which results industries taking chances for illegal discharge.
5) The surface water bodies namely Puliyankannu lake, Karai lake, Sitheri lake and their drains were not properly maintained. Due to improper maintenance of drains, the water flow is affected, which leads to formation of wetland.
4. About M/s Tamilnadu Chromate & Chemical Ltd., (M/s TCCL), Ranipet A brief history obtained from SIPCOT, Ranipet about the M/s TCCL ownership. M/s TCCL, is a TIDCO joint venture company promoted during 1972 in association with Sh. K. K. Mohiadeen for implanting the project for the manufacture of Basic Chromium Sulphate. The promoters agreement was terminated due to equity contribution failure. Thereafter, the company was managed by TIDCO through its nominee directors till Jan 1989 except for initial two years period of operation. During 1988, TIDCO disinvested its shareholding in favour of Sh. C. V. Sridhar, who was appointed as CMD of TCC to Sh. Ashok Balasubramanian. The plant was not operated after 1995-96 as TNPCB issued notice to stop production until the solid waste is disposed off.
TNPCB in its letter to Industries Department stated that 1.52 lakhs tonnes (out of 2.27 lakhs tonnes of chrome sludge) was generated during 1975 to 1988 when the management was with TIDCO and the balance 0.75 lakhs tonnes was generated during management of Sh. C. V. Sridhar and Sh. Ashok Balasubramaniam. Major 67% of waste generated during TIDCO tenure.
Further details of progress on criminal prosecution & steps for remediation initiated by TNPCB against TCC & promotors is enclosed as Annexure III.
Page 17 of 815. Present Status of Remediation of Chromium Dumpsite During the committee visit, it is observed that the seepage from the dumpsite is flowing through the drains and meeting to the surface water bodies (Karai Lake and its over flow finally meets River Palar). Remediation process is not carried out so for.
It is submitted that in compliance to the direction of Hon'ble NGT, Principal Bench, New Delhi order dt. 29.02.2021 in the matter OA No. 804/2017 in the matter of Rajiv Narayan & Ors. Vs. Union of India & Ors. with respect to contaminated sites in India, CPCB has convened a meeting with SPCBs/PCCs on 16.03.2021 to discuss Action Plan with roadmap and specific timelines for carrying out preliminary/detailed site investigation, preparation of DPRs, execution of remediation works, lifting of hazardous waste. Issues discussed w.r.t to State of Tamil Nadu is given below Tamil Nadu: There is 01 contaminated site for which DPR has been prepared and forwarded the same to Government of Tamil Nadu and TNPCB for execution of Remediation works.
a) TNPCB informed that since the cost of actual remediation as per the DPR is very high, it is proposed to lift and disposal of hazardous waste through TSDF.
CPCB conveyed that Interim measures also proposed in DPR as per the request of TNPCB/Govt. of TN for capping of waste and contaminated soil along with storm water drainage system with a cost of about Rs. 12 crores. Afterwards, groundwater remediation by applying Pump & Treat method may be implemented initially for 5 years. It was also explained that cost of remediation will appear high due to inclusion of GW remediation cost over a period of 15 years. However, actual cost may be much lower. Initial cost of remediation may focus up 1-2 years O&M cost of GW remediation. While preparing DPR cost of transferring to TSDF was discussed however, it was deferred due to cost consideration.
CPCB has suggested TNPCB that once DPR is accepted by Project Steering Committee (PSC) headed by Chairman, CPCB remediation work needs to be executed within the timelines stipulated in DPR.
A copy of Minutes of Meeting held on 16.03.2021 is enclosed as Annexure-I Page 18 of 81 Upon the communication of aforesaid Minutes of Meeting, TNPCB has furnished following action plan to CPCB vide letter dated 10.04.2021. A copy of TNPCB letter dated 10.04.2021 is enclosed as Annexure-II.
The option of shifting accumulated waste at M/s TCCL site, Ranipet to TSDF secure landfill disposal is dropped. The implementation of "Interim Remedial Measures of Soil & Waste Remediation" at TCCL, Ranipet as per DPR prepared by consultant of CPCB is under consideration.
Consultant has been asked to present on the methodology as per DPR & to involve in the preparation of Technical & Cost Bid documents. Time requirement is one month (before 31st May 2021).
The proposal along with required documents to get approval of the Board including budget to meet from Environmental Compensation Fund. Time requirement is three months (before 31st August 2021).
6. Summary of the Site Investigation & Findings as per DPR Detailed site investigation was carried out by taking samples form 63 soil boreholes, 30 monitoring wells, 12 sediment boreholes, existing open wells, hand pumps, 11 bore water and 14 surface water samples. Key findings of detailed site investigation is given below:
The main source of contamination is the waste dump located in the northern portion of the Site;
Secondary sources of contamination attributed to abandoned CETP pumping wells located north of Site;
Total Chromium and Hexavalent Chromium, have been identified as contaminants of concern in soils, groundwater and surface waters. Results indicates that the total and hexavalent chromium contamination is mainly limited to the on-site waste dump area and along the groundwater contamination plume migrating to off-site towards south of TCCL site. Further surface water impacts in the form of seepage from TCCL site flowing in open drains towards off-site areas in south of TCCL site.
There is active contamination in surface drains due to seepage on-site waste dump at TCCL as well as run-off from dumpsite during monsoon.Page 19 of 81
Sediment samples in receiving water bodes does not show hexavalent Chromium above its Limit of Reporting (LoR) but total chromium was detected in concentrations above the reference criteria.
Cluster wells installed within TCCL premises in southwest corner (groundwater flow direction is northeast to southwest) indicate that total and Hexavalent Chromium in groundwater observed up to a depth of 45m below ground level (bgl) with maximum concentrations occurring at 30m bgl;
At TCCL premises, the maximum concentration of hexavalent chromium was 5,596 mg/kg in soil and 277.6 mg/l in groundwater. In off-site areas, hexavalent chromium in groundwater observed between 0.18 mg/l to 49.43 mg/l. The permissible drinking water standard for chromium is 0.05 mg/l.
Total and hexavalent chromium concentrations exceeded reference levels in the off- site groundwater sampling locations up to 0.5 km south of Site. Traces of contamination was found along the groundwater plume towards southwest direction from site up to a distance of about 2 kilometers, after which no contamination in groundwater was noticed further downstream towards the Palar River. The reason for the same is attributed to obstruction to groundwater flow influenced by naturally occurring geological fault.
The off-site area with chromium contamination in groundwater are residential areas, comprising of open spaces, ponds along with limited agricultural activity.
The monitoring and abstraction wells located off-site which have reported Total and Hexavalent Chromium in concentrations exceeding reference levels are indicated in red in the below Figure.Page 20 of 81
Most of the off-site exceedances in groundwater are occurring within the modelled path (or in close proximity) and thus the exceedances are in agreement with the particle tracking model The Human Health Risk Assessment (HHRA) was carried out as part of the study to derive site specific remediation target levels (SSTLs) for remediation.
6.1 Remedial Measures of Waste & Soil as per the DPR Based on the multi-criteria evaluation of the shortlisted techniques proposed for Waste and Soil remediation, excavation with on-site treatment and backfilling on and on-site engineered secured landfill (SLF) has been found to be the most sustainable option. This approach is intended to reduce the concentration of chemicals of concern (CoC) down to an acceptable level and eliminates further migration of Hexavalent Chromium from waste and/or soil into groundwater or surface water as applicable. This does not remediate the contaminants in the groundwater or surface water and therefore groundwater and surface impacts need to be addressed simultaneously.Page 21 of 81
Summary of Remedial Technology for the Site Matrix Location Selected Option INTERIM Soil and Waste On-site Capping of existing waste dump with provision for storm water collection FULL SCALE Waste and Soil On-site Excavation, Treatment, and Backfilling in on-
site engineered secured landfill (SLF) Groundwater On-site and Off-site Pump and Treat with Source Removal and Hydraulic Containment System An interim remedial plan for limiting the surface run-off and limiting leaching of hexavalent chromium into groundwater is also presented in sections below. The interim plan consists of capping the existing waste on-site by grading and engineering a cap to limit any contamination from leaching into groundwater during monsoons. Along with the cap, a storm water drainage network is also proposed prevent any surface water run-off from the site.
A copy of Detailed Project Report (DPR) for remediation of chromium contaminated sites at Ranipet, Tamil Nadu is enclosed as Annexure-IV.
7. Inspection of Industries by joint Committee Out of 349 industries, 47 no. of industries are water polluting including CETPs, RED & Orange categories. There are two CETP's are in operation for treating Tannery Effluents generates from 99-member tannery units. The industries inspected by the committee during December 22 to 24, 2020 are listed below and individual industries observation are as follows;
Operational during inspection:
i. M/s Malladi Drugs &Pharmaceuticals Limited (Unit I) ii. M/s Malladi Drugs &Pharmaceuticals Limited (Unit 3) iii. M/s Arjun Chemicals Pvt Ltd Page 22 of 81 iv. M/s Ranipet SIDCO Finished Leathers Effluent Treatment Company (P) Ltd (CETP) v. M/s SIPCOT-SIDCO Phase-II Entrepreneur Finished Leather Effluent Treatment Co. (P) Ltd. (CETP) vi. M/s Ultramarine and Pigments Ltd vii. M/s Sviss Labs Private Limited viii. M/s Thirumalai Chemicals Limited Non-operational during inspection:
ix. M/s Greaves Cotton Limited, Light Engines, Unit-Ii, x. M/s Alchymars Icm Sm Private Limited (Unit-II) xi. M/s Murugappa Morgan Thermal Ceramics Limited xii. M/s Mitsubishi Heavy Industries India Precision Tools Limited M/s Malladi Drugs &Pharmaceuticals Limited (Unit I) The unit is consented for the production of Ephedrine Hydrochloride - 10.0 MT/M from molasses and benzaldehyde as raw material.
The unit has obtained consents under Water & Air Act with validity till March 31, 2021 and Hazardous waste authorisation with validity till 19.06.2022 obtained for used oil and spent carbon only.
The unit has installed ETP of capacity 300 KLD. The treatment plant consists of Bioreactor, RO plant, Multi effect evaporator (MEE). Triple effect evaporator (TEE), Fluidised immobilised carbon cell oxidation (FICCO) & Clarifier. The concentrate from TEE is sent for co-processing to cement industry. The condensate water from MEE & TEE is further treated in FICCO treatment system to reduce the COD. The treated effluent from FICCO is consented to reuse in process, cooling tower & gardening.
The unit is claiming that presently, the treated effluent is completely reused in process, cooling tower, boiler not used for gardening purpose and achieving ZLD. The unit has installed pH, COD, BOD & TSS online analyser in the outlet of treated effluent.
Earlier, the unit is carrying out the bio composting of the concentrated effluent. It is informed that bio composting was stopped before September 2020. Presently, the concentrate is being sent for co-processing to cement industry.Page 23 of 81
The yeast sludge generated was used along with press mud for bio composting. Since composting is stopped, presently the yeast sludge is being disposed along with concentrate for co-processing, whereas no approval has been obtained so for this disposal method.
The sludge generated in the FICCO treatment is removed through clarifier. This sludge is being presently sent to TSDF, whereas the characteristics of the sludge is not carried out.
The unit has not obtained HW Authorisation for the generation, storage& disposal of spent solvent residue generated from the process, off specification product and chemical drums/barrels/containers/ bags. It is informed that spent solvent residue is being sent to co-processing through M/s Raj Pharma Transporter, whereas the quantity and name of the co-processing unit is not provided by the industry. The solvents used in the process are Toluene, Methanol & Acetone. The unit has installed three boilers of capacities 4 TPH, 3.5 TPH & 6 TPH using fuel Biogas/furnace oil (4 TPH) & wood respectively. It is informed that 3.5 TPH boiler is regularly used for operation and remaining two are stand by. So OCEMS is installed to the 3.5 TPH boiler stack & connected to CPCB/TNPCB server. Whereas on verification of records of boiler operation, 6 TPH boiler is also operated regularly and no OCEMS system is installed.
Individual wet scrubber is installed as APCD to boilers 3.5 TPH & 6 TPH. During inspection, both the boilers operated and scrubbers are not in operation. The unit has installed & connected flow meters of Bio reactor feed, RO permeate & MEE-TEES condensate to CPCB. Whereas in TNPCB server additional flow meters connected are RO feed, MEES feed & TEES feed.
The spent solvent residue & re-processing materials are kept stored in the open yard. Even though, the unit stopped bio composting process before September 2020, the bio compost is still kept in the open yard without any covering, which lead to the carryover of compost during the rainy season. This carry over is collected in the lagoon and same is witnessed by the presence of sludge deposit in the lagoon.Page 24 of 81
M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit-III) The unit is consented for the production following products Pseudo Ephedrine Hydrochloride 12 TPM Alprazolam 0.012 TPM Propranolol Hydro Chloride 24 TPM Albendazole 0.180 TPM Theophyline 3 TPM Dapsone 1.8 TPM Atenolol 48 TPM The unit has obtained consents under Water & Air Act with validity till March 31, 2021 and Hazardous waste authorisation with validity till 19.06.2022 obtained for used oil and spent carbon only.
The unit has installed ETP of capacity 194 KLD. The industry is segregating the low & high TDS effluent. The low TDS effluent is treated in ETP consisting of collection tank, equalisation tank, aeration tank, settling tank, activated carbon filter, multi effect evaporator & Agitated thin film dryer. High TDS stream is consisting of neutralisation multi effect evaporator & Agitated thin film dryer. The low TDS treated effluent after treatment is taken directly to MEE without RO system, where huge amount of energy is required to concentrate. Acetic acid is generated as by-product from the process, which is not incorporated in the consent obtained from TNPCB The unit has not obtained HW Authorisation for the generation, storage& disposal of spent solvent residue generated from the process, off specification product and chemical drums/barrels/containers/ bags. It is informed that spent solvent residue is being sent to co-processing through M/s Raj Pharma Transporter, whereas the quantity and name of the co-processing unit is not provided by the industry. The solvents used in the process are Toluene, iso propyl alcohol, Methanol & Acetone. The spent solvent residue & re-processing materials are kept stored in the open yard. The unit was not in operation during the committee visit due to closure direction issued by District Coordination Committee (DCC) & TNPCB. The closure issued because the industry was sending concentrate FCE wastewater through tanker lorry without any permission/ consent. It was informed that concentrate is also given to M/s Page 25 of 81 Raj Pharma Transporter. Industry claims that this waste water (concentrate FCE) is used as raw material by M/s Maha Tripurasundari industries pvt. Ltd., Telangana. In view of violation, TNPCB has imposed environmental compensation for Rs. 47,10,000/- and same is paid by the industry.
M/s SVISS LABSS PVT LIMITED The unit is consented for the production of seven products. The details are as follows;
Theophylline - 6 TPM
Amniophylline - 4 TPM
Caffeine - 2 TPM
Chloramphenicol powder - 0.80 TPM
Ibuprofen - 11.60 TPM
Chloramphenicol palmitate - 2.5 TPM
Trimethoprim - 5 TPM
As per the information submitted by the unit, the products & by products produced last three financial years are tabulated below Product & By Product manufactured Product Manufactured in TPA 2017-18 2018-19 2019-20 Ibuprofen Stage -I Iso Butyl Acetophenone 185.21 211.94 215.79 Aluminium Chloride Liquid 8350 9205 9540 HCl 137.5 159 161.8 The unit has not obtained consents for by product Aluminium Chloride Liquid & HCl. The unit has obtained consents under water & Air Act with validity till 31.03.2021. The unit has not obtained authorisation under hazardous waste rules for generation, storage & disposal of off specification/ contaminated product. The total fresh water consumption is 72.79 KLD, which is met through SPICOT supply. At present the unit is producing one product and generating 1.2 KLD of waste water (0.6 KLD from lab & floor washing and 0.6 KLD from softener, cooling tower & blow down).
The unit has submitted that the installed capacity of ETP is 1.2 KLD. The unit has provided separate treatment system for low TDS stream & high TDS stream. Whereas, the unit claims lab & floor washing as high TDS stream, which Page 26 of 81 scientifically not correct. This effluent can be treated in ETP rather than taking directly to evaporator. Treating this effluent in present evaporator system provided in the plant is not technically & economically viable. The unit has installed own designed evaporator, where design inlet concentration of TDS is not known and it is informed that the unit is achieving TDS around 1 lac concentration. The observed TDS of the sample which is fed to evaporator is 3982 mg/l and to achieve the said TDS concentration I lac mg/l huge amount of energy is required.
The unit has installed single stage RO system, where the reject concentration observed is 2700 mg/l.
The effluent generated from the process is High TDS stream, which can't be treated in ETP due to high strength of effluent.
The unit claims that no process effluent is generated, whereas the process wash water is being recycled. As per the information submitted by the unit, the fresh water is used for washing of organic layer, in such case additional water is being getting accumulated along with recycle water and moreover continuous recycling may also lead to contamination in the product. So in any case of time chances are there for disposal of wash water to ETP, this quantity generation is not mentioned. As per the consent, the trade effluent generation for the consented seven products is 24 KLD, whereas the unit has provided only 1.2 KLD ETP capacity against the consented quantity.
The unit has provided collection, neutralisation & evaporator for high TDS effluent treatment.
Low TDS effluent is directly taken to RO system and the reject is sent to Evaporator along with high TDS effluent for concentration. Then the concentrate is sent to elevated solar evaporation pond. The unit has not provided any treatment system for the low TDS effluent generated from softener, cooling tower & blow down before treating in RO, which may affect the working performance of the RO system. Before installation of evaporator system, ZLD is achieved through ground level solar evaporation pond. TNPCB directed to remove this SEP after installation of evaporator, whereas the unit still having the system and effluent is present. The unit has installed flow meter at outlet of ETP only.
Page 27 of 81M/s Ultramarine & Pigments Ltd.
The unit is consented for the production of following products with installed capacity and its present production;
Products Consented Qty Present
Synthetic Detergents ( Powder, paste, cake 4000 MT/Month 2500 MT/Month
etc)
Sulphonic Acid 1350 MT/Month 1350 MT/Month
Alpha Olefin Sulphonate 1000 MT/Month 1000 MT/Month
Ultramarine Blue 200 MT/Month 200 MT/Month
The total water consumption including process and other activities like washing, boiler, domestic is 106.9 KLD, which is met through SIPCOT water supply and wastewater generation from process is 9.1 KLD and domestic is 4.5 KLD. The unit has obtained consents under water Act & Air Act with validity till 31.03.2021 and Hazardous waste authorisation with validity till 31.03.25 The unit is achieving ZLD. The treatment system consisting of settling tank, RO (3 stages), MEE & ATFD.
During the inspection, it is observed that settling tank is not properly maintained and found with algae growth.
TDS is measured in RO water to know the working performance, it is observed that TDS in feed, permeate & reject is 3000 mg/l, 580 mg/l and 4500 mg/l respectively, which shows poor performance of RO due to improper maintenance. Fugitive emission of SO2 was observed in the kiln area due to leakages. During inspection, upgradation of kiln was observed and the waste generated is found stored in open yard.
M/s Arjun Chemicals Pvt Ltd., The unit is consented for production of Dynasize - 500 MTM, Dynasol - 300 MTM & AKD/ Composize - 580 MTM. During the committee inspection, unit was not in operation.
The unit has obtained consent under water & Air Act with validity till 31.03.2021. The source of fresh water is met through SPICOT supply. The unit has installed RO system for the fresh water supplied by SIPCOT. The total fresh water consumption is about 52 KLD, in which 10 KLD of RO reject is used for gardening.
Page 28 of 81 As per the consented condition, the unit has installed electromagnetic flow meter for discharge of RO reject whereas online TDS meters is not provided at discharge point. The unit claims that no wastewater is generated from the process. The vessels/ reactors are being washed with solvent at time of changeover of other batch product production and the washed solvent is stored and again used in the process. The unit has provided wet scrubber to rosin crusher & melter. TNPCB has imposed environmental compensation for Rs. 5,00,000/- based on the inspection carried out under CEPI action plan and same is paid by the industry.
M/s P A FOOTWEAR P LTD. Unit-II The unit is involved in production of Semi-Finished to finished leather with consented quantity of 37.50 T/M. The total water consumption is 27 KLD, which is met through SIPCOT water supply and reuse of RO permeate.
The consented quantity of waste water generation is 25 KLD, whereas the unit presently generating 19 KLD.
The unit was member of CETP till 2016 and thereafter, the effluent generated in the plant is treated in their own ETP.
The unit is achieving ZLD, the treatment system installed are neutralisation, primary clarifier, Aeration, secondary & tertiary clarifier, filter, RO system (3 stage), salzberg mechanical dryer.
Salzberg mechanical dryer will not effectively work to concentrate the effluent & salt out.
The unit has obtained consents under water Act & Air Act with validity till March 31, 2022 and Hazardous waste authorisation with validity till 14.04.2024. During the inspection, wet sludge & salt (semi solid) is found stored in open drums. The unit has installed seven flow meters and connected to TNPCB server.
Page 29 of 81M/s Thirumalai Chemicals Ltd In the matter of OA no. 131/2020, the committee constituted by Hon'ble NGT inspected the unit and given the following recommendations; As the unit was observed for non-compliance of consent order conditions, discharges noticed in violation of consent conditions, internal discharge to the environment -land, water and air resulting into acute injury or damage to the environment and injection of treated /partially treated /untreated effluents to the ground water and based on repeated violations, the unit was directed by TNPCB to restrict the production of 50 % of its consented quantity so as to achieve zero liquid discharge consistently till the commencement & effective functioning of newly constructed ZLD components. As the unit is in the process of establishing ZLD system and started trial runs for validation of the equipment to achieve Zero liquid discharge with respect to treating effluents, the unit shall be allowed to operate in full load only after ensuring the complete/full-fledged operation of upgraded ETP by TNPCB. The full-fledged operation of ZLD system should be commenced within four months-time by the TCL. Further, the conditions issued by TNPCB are to be complied within three-months times.
After commissioning of upgraded ETP, adequacy test needs to be carried out by an independent govt academic/research institution like IIT Madras and to certify that the unit has achieved 100% ZLD capacity.
TCL shall, in consultation with reputed institute such as IIT, Madras, prepare a DPR within three months-time, for the remediation of the land where the untreated effluent was discharged within the industry site and execute the task of remediation of contaminated site, under the supervision of TNPCB. The entire cost for the study and remediation shall be borne by the industry as per polluter pays principle. In view of the non-compliance by M/s TCL, TNPCB imposed environmental compensation twice of Rs. 18,60,000 vide order dated 13-11-2019 and Rs. 17,40,000 vide order on 9-12-2020. Both the compensations were paid by TCL on 13-12-2019 & 22-1-2021 respectively.
Page 30 of 81M/s. Ranipet SIDCO Finished Leather Effluent Treatment Company Limited (Phase 1) The CETP is established for treatment of tannery effluent. The member units are involved in processing Semi finished to finish leather. Totally 88 tanneries are member of this CETP, in which 79 units are in operation. The CETP is designed for treatment of 2.5 MLD wastewater, TNPCB has restricted the effluent generation to 75 % i.e 1875 KLD. Presently CETP receives wastewater around 1 to 1.5 MLD within the restricted quantity. The treatment unit comprises of Receiving Sump, Equalization tank, flash mixture, Primary Clarifier, Aeration tank I & II, Secondary Clarifier, Reactor Clarifier, Multi Grade filters, Ultra filters, 3 stage R.O system, Multi Effect Evaporator (MEE), Centrifuge and filter press.
The CETP generates approximately around 12 TPD sludge and disposed to TWML Gummidipoondi & Arunachala Enterprises (for Co - Processing), Karur. At accumulated sludge stored is around 1300 Tons.
At present no prescribed standards for CETP inlet effluent, however all the member units are discharging the effluent after pre settling. The sludge removed by the member units is being disposed through CETP.
As per the record of CETP, as on 30th November 2020 total salt Accumulated is around 12403.28 MT.
CETP has installed 18 flow meters which are connected to TNPCB server & CPCB server.
Construction activities is being carried out by the CETP for upgradation of treatment units, during the inspection coloured seepage was noticed below the ground level/foundation area and samples were collected to know the characteristics of seepage. The observed values are TDS - 31030 mg/l, Chloride - 9050 mg/l and sulphate 1960 mg/l, COD - 4872 mg/l & BOD - 768 mg/l. As per the analysis report, it clearly indicates the contamination is due to tannery effluent. During the inspection, the committee instructed TNPCB & CETP to stop the construction activities until identifying the sources of pollution and take necessary action after identification of sources.
CETP has obtained consents under Water & Air Act with validity till 31.03.2022, whereas HW Authorisation expired on 31.03.2020.
Page 31 of 81 CETP has not obtained HW Authorisation for Storage & disposal of chemical drums/barrels/containers/ bags.
M/s. SIPCOT & SIDCO Phase 2 Entrepreneur Finished Leather Effluent Company (P) Ltd The CETP is established for treatment of tannery effluent. The member units are involved in processing Semi finished to finish leather. Totally 20 operational tanneries are member of this CETP and proposed member tanneries are 20 units. The CETP is designed for treatment of 2.5 MLD wastewater, presently it receives wastewater around 1 to 1.5 MLD. The treatment unit comprises of Receiving Sump, Equalization tank, flash mixture, flocculator, Primary Clarifier, Aeration tanks, Secondary Clarifier, flash mixture, flocculator, Pressure sand Filter, Reactor Clarifier, Neutralization tank, Ultra filters, Organic scavengers, R.O (2 stage) systems, Multi Effect Evaporator (MEE), Centrifuge and filter press. CETP is upgrading the treatment system such as oxidation pond, 3rd stage RO and MEE with ATFD.
All the member units are discharging the effluent to CETP without pre-treatment and inlet norms for CETP is also not prescribed by TNPCB. CETP has installed 18 flow meters which are connected to TNPCB server & only two flow meters (inlet & OHT) to CPCB server.
The CETP generates approximately around 0.8 - 1 TPD sludge and disposed to TWML Gummidipoondi. Sludge is disposed as on December, 2020 is 1557 tons. As per the record of CETP, as on December 2020, the total salt accumulated is around 679 MT.
The sludge stored in the SLF facility (old & new) is 4979 Tons. This SLF facility found in damage condition.
CETP has obtained consents under Water Act & Air Act with validity till 31.03.2022, whereas the HW Authorisation expired on June 2020. CETP has not obtained HW Authorisation for Storage & disposal of chemical drums/barrels/containers/ bags.
Page 32 of 81Environmental Compensation Calculation:
Chromium contamination is mainly due to the dumpsite of M/s TCCL. The actual remediation cost for restoration of the environment as per DPR shall be borne by the M/s TCCL.
The committee has noticed other violation of the following industries in handling of hazardous waste generation, storage & disposal as per Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
i. M/s Malladi Drugs &Pharmaceuticals Limited (Unit I)
ii. M/s Malladi Drugs &Pharmaceuticals Limited (Unit 3)
iii. M/s Sviss Labss Private Limited
iv. M/s Ranipet SIDCO Finished Leathers Effluent Treatment Company (P) Ltd
(CETP)
v. M/s SIPCOT-SIDCO Phase-II Entrepreneur Finished Leather Effluent
Treatment Co. (P) Ltd. (CETP)
So, the committee calculated Environmental Compensation as per the "Determination of Environmental Compensation to be recovered for violation of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016" as in the matter of OA No. 804 of 2017 (Earlier OA No.36/2012) Principal Bench, New Delhi. The methodology adopted as per the above said report is detailed below;
Approach for calculating environmental compensation:
The following quantity based environmental compensation calculation in Rupees may be used and be imposed on violating facility operator:
Environmental Compensation (EC) = Q x ERF x R Where, Q is noticed1 or observed1 quantity (in tonne) of hazardous or other wastes which have not been managed in compliance with various provisions of the Acts/Rules/Guidelines/conditions of the authorisation/directions issued by CPCB/SPCB/PCC/MoEF&CC (barring procedural violations which have not caused environmental damage) ERF = Environmental Risk Factor which is a number denoting the increasing degree of risk to the environment and human health due to the scenarios as given in the Table Page 33 of 81 Sl. No. Violation ERF For For Other* Hazardous Waste Waste
1. When hazardous and other wastes is disposed at 1.5 0.03 unauthorised place or handed over or sold to unauthorised party
2. When treatment has not been imparted, as 1.0 0.2 required, but only partial treatment has been given (by TSDF/Actual user)
3. When product (derived from hazardous or other 1.0 0.2 waste) is not confirming to prescribed specification or is specified for restricted use but sold in open market against (in case of actual user)
4. Wastes found stored beyond the stipulated period 0.1 0.05 (refer Rule 8 of the HOWM Rules, 2008) *Applicable to waste generated indigenously only R= Environmental Compensation factor, which may be taken as Rs. 30,000.
Case I: If authorisation has been taken at any point of time, in such cases, Q may be taken as below:
Q= Quantity in terms of tone/per year, as specified in authorisation (one year =300 days) xY Where, Y is Number of years of operation of the facility and may be considered as given in Table. In case authorisation is given in quantity/day, then convert in tone/year by multiplying the same with 300 days.
Case II: If authorisation has not been taken at any point of time for all or any given category of hazardous or other waste being generated/utilized When above scenario comes to the notice of SPCB/PCC/CPCB, it may be difficult to find Q as records pertaining to quantity of generation/utilization of hazardous or other waste may not be available. In such case, a generalised way of calculating Environmental Compensation (EC) in Rupees may be used as below:
EC (in Rupees) = T x S x C x ECF x Y Page 34 of 81 Where, T = Type of facility factor and may be taken as below from Table:
Sl. No. Scale of operation Factor 1. (i) Actual user procuring hazardous waste from outside 1.5
their premises including importing hazardous or other waste from other country
2. (i) Actual user engaged in utilizing/ recycling of only other 1 wastes which are generated indigenously, and;
(ii) All facility other than at Sl. No. (1) and 2(i) above S = Scale of Operation factor of the facility and may be taken from below Table:
Scale of operation Scale Factor
Large 1.5
Medium 1
Small or Micro 0.5
C = Category of Facility factor and be taken from below Table;
Scale of operation Scale Factor
Red Category 1
Orange Category 0.2
Green Category 0.05
ECF = Environmental Compensation Factor, which is summation of one or more ECF, as applicable, as given in below Table:
Sl. No. Type of operations from where waste is generated ECF
1. Main Process (when significant quantity of waste 45,00,000 generation like spent acid, process sludge, spent solvent, etc.)
2. Pollution control equipment like ETP, APCDs, etc. such as 35,00,000 ETP sludge, incineration bottom residues, cyclone residue, etc.
3. Ancillary equipment used for supporting the industrial 10,00,000 process such as DG set, etc. Page 35 of 81
4. Handling of hazardous chemicals and wastes (waste 20,00,000 packaging materials like emptied drums/bags/etc. contaminated with hazardous chemicals/wastes) and Cleaning activities like cotton/cloth waste contaminated with oil/grease/grease, hazardous chemical storage tank, etc.
5. Other operations not listed above 10,00,000 Y = Number of years of operation of the facility and may be considered from below Table:
Years of Operations Factor to be taken
More than 03 years 5
Equal to less than 03 years Actual duration of operation in months/12
Committee decided to consider Case 1 formula, incase the industries applied for the hazardous waste authorisation for the left out categories.
M/s. Malladi Drugs &Pharmaceuticals Limited (Unit I) Violation Noticed: HW Authorisation not obtained & applied for generation, storage & disposal of spent solvent residue generated in the process, off specification products, chemical drums/barrels/containers/ bags.
Environmental Compensation (EC) = Q x ERF x R Q =Quantity in terms of tone/per year, as specified in authorisation x Y Quantity in terms of tone/per year = 18.2 Y = Number of years of operation = 5 ERF = Environmental Risk Factor = 1.5 R= Environmental Compensation factor, which may be taken as Rs. 30,000.
EC = (18.2 x 5) x 1.5 x 30000 = Rs. 40,95,000 EC calculated for M/s. Malladi Drugs &Pharmaceuticals Limited (Unit I) is Rs 40,95,000/- (Rupees fortylakhs ninety-fivethousand) Page 36 of 81 M/s. Malladi Drugs &Pharmaceuticals Limited (Unit 3) Violation Noticed: HW Authorisation not obtained & applied for generation, storage & disposal of spent solvent residue generated in the process, off specification products, chemical drums/barrels/containers/ bags.
Environmental Compensation (EC) = Q x ERF x R Q =Quantity in terms of tone/per year, as specified in authorisation x Y Quantity in terms of tone/per year = 41.6 Y = Number of years of operation = 5 ERF = Environmental Risk Factor = 1.5 R= Environmental Compensation factor, which may be taken as Rs. 30,000.
EC = (41.6 x 5) x 1.5 x 30000 = Rs. 93,60,000 EC calculated for M/s. Malladi Drugs &Pharmaceuticals Limited (Unit 3) is Rs 93,60,000/- (Rupees Ninety-three lakhs sixty thousand) M/s Sviss Labss Private Limited
(i) Violation Noticed: HW Authorisation not obtained for generation, storage & disposal of off specification products.
EC (in Rupees) = T x S x C x ECF x Y T = Type of facility factor = 1 S = Scale of Operation factor = 1 C = Category of Facility factor = 1 ECF = Environmental Compensation Factor = 45,00,000 Y = Number of years of operation = 5 EC = 1 x 1 x 1 x 45,00,000 x 5 = Rs. 2,25,00,000
(ii) Violation Noticed:Not obtained Consent for By products till date.
Environmental compensation is calculated using Pollution Index Formula EC = PI * N * R * S * LF PI = Pollution Index, RED category industry (PI = 80) Page 37 of 81 R = Rupees Factor (R = 250) S = Scale of Operation, Medium Scale (S = 1) LF = Location Factor, CEPI Area (LF = 2) N= Number of days for which violation took place is the period between the day of violation observed/ due date of compliance of directions and the day of compliance verified by CPCB/ SPCB/ PCC. for interim compensation calculation no. of days taken from date of committee visit 22.12.2020 to 31.03.2021.(N = 100 days) EC = 80 * 100 * 250 * 1 * 2 = Rs. 40,00,000 = Rs 40 lakhs.
Total EC = Rs. 2,25,00,000 + Rs. 40,00,000 = 2,65,00,000/-
Total EC calculated for M/s. Sviss Labs Pvt. Ltd., is Rs 2,65,00,000/- (Rupees Two Crores Sixty-five Lakhs) M/s Ranipet SIDCO Finished Leathers Effluent Treatment Company (P) Ltd (CETP) Violation Noticed: HW Authorisation not obtained& applied for generation, storage & disposal of chemical drums/barrels/containers/ bags.
Environmental Compensation (EC) = Q x ERF x R Q =Quantity in terms of tone/per year, as specified in authorisation x Y Quantity in terms of tone/per year = 1 Y = Number of years of operation = 5 ERF = Environmental Risk Factor = 1.5 R= Environmental Compensation factor, which may be taken as Rs. 30,000.
EC = (1 x 5) x 1.5 x 30000 = Rs.2, 25,000 EC calculated for /s Ranipet SIDCO Finished Leathers Effluent Treatment Company (P) Ltd is Rs 2,25,000/- (Rupees two lakhs twenty-five thousand) Page 38 of 81 M/s SIPCOT-SIDCO Phase-II Entrepreneur Finished Leather Effluent Treatment Co. (P) Ltd. (CETP) Violation Noticed: HW Authorisation not obtained& applied for generation, storage & disposal of chemical drums/barrels/containers/ bags.
Environmental Compensation (EC) = Q x ERF x R Q =Quantity in terms of tone/per year, as specified in authorisation x Y Quantity in terms of tone/per year = 0.75 Y = Number of years of operation = 5 ERF = Environmental Risk Factor = 1.5 R= Environmental Compensation factor, which may be taken as Rs. 30,000.
EC = (0.75 x 5) x 1.5 x 30000 = Rs.1,68,750 EC calculated for M/s. SIPCOT-SIDCO Phase-II Entrepreneur Finished Leather Effluent Treatment Co. (P) Ltd., is Rs 1,68,750/- (Rupees one lakh sixty-eight thousand seven hundred fifty only) Environmental Compensation imposed on other industries by TNPCB:
TNPCB has imposed environmental compensation on 28.01.2020 for 24 nos. of violating industries in the SPICOT industrial area based on the inspection as per OA 1038/2019 order dt. 14.09.2019 and also based on the routine/ public complaint inspections. Since the said order was stayed by Hon'ble Supreme Court many industries not paid the compensation. The details are as follows;
S.No. Name of Industry Environmental Amount Balance to
Compensation Received in be received
Imposed in Lakhs Lakhs in Lakhs
1 M/S. Snap Natural And 10 0 10
Alginate Products P Lt
2 M/S. Alchymars Icm Sm 8.6 8.6 0
Private Ltd Unit Ii, Previously
Ramnath Chemicals,
3 M/S. Arjun Chemicals Pvt Ltd 5 5 0
4 M/S. Greaves Cotton Limited 5 5 0
6 M/S. Bright sun Leathers, 1 1 0
7 M/S. Hide Craft(Tan Leathers 1 1 0
& Chemical Pvt Ltd),
Page 39 of 81
8 M/S. Hi Q Leathers, 1 1 0
9 M/S. Prestige International, 1 0 1
10 M/S. Standard Chemicals And 1.18 0 1.18
Leathers,
11 M/S. Titan Leather Exports Unit 1 0 1
Ii
12 M/S. Joseph Exports 1 1 0
13 M/S. Vks Exports, 1 1 0
14 M/S. Winner Leather Creation, 1 1 0
15 M/S. Jay Ar Enterprises 1 1 0
16 M/S. Pioneer Leder Tex P Ltd 1 0 1
17 M/S. Sri Hari Leathers 1 1 0
18 M/S. Hariharan Leathers Crr 1 1 0
Leathers Unit B
19 M/S. Siva Leathers Pvt. Ltd 1 1 0
20 M/S. Sunrise Tanners 1 1 0
21 M/S. Vinyork Leather Works 1 0 1
22 M/S. Sns Leathers 1 1 0
23 M/S. Sri Thirumalai Leathers 1 0 1
24 M/S. Mahalakshmi International 1 0 1
The committee in the matter of OA no. 186/2020 decided that same amount shall be imposed on the industries as calculated by TNPCB.
9. Recommendations for industries:
Tamilnadu Pollution Control Board may be directed to issue notice to the following industries and take appropriate action accordingly.
M/s Malladi Drugs &Pharmaceuticals Ltd., (Unit I) The unit shall obtain proper consent for disposal of bio yeast sludge by mixing with TEE concentrate, which is sent for co-processing. Characteristics of the sludge generated from clarifier after FICCO treatment shall be carried and accordingly consent/ authorisation shall be obtained from TNPCB for generation, storage & disposal.
The unit shall obtain HW Authorisation for generation, storage & disposal of spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF.Page 40 of 81
Since the industry is operating both the boilers 3.5 TPH & 6 TPH regularly, OCEMS shall installed in the stack attached to 6 TPH boiler also for the parameter PM. Since the industry is claiming ZLD system and not using the treated effluent for gardening, online analyser for the parameters pH, COD, BOD & TSS may be removed. To ensure that no effluent used for gardening, the unit shall install flow meter for the treated effluent reuse.
To verify the ZLD system, flow meters in the RO reject, FICCO inlet and treated effluent reuse shall be installed & connected to CPCB and TNPCB server as well as the flow meters RO feed, MEES feed & TEES feed connected to TNPCB shall also be connected to CPCB server.
The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents.
The unit shall take necessary steps to remove the compost placed in the open yard. The compost shall be bagged & stored properly. The sludge in the collection lagoon shall also be removed, stored & disposed properly. EC calculated by the committee for violation of HW Rules is Rs 40,95,000/- (Rupees forty lakhs ninety-five thousand) and same shall be remitted to CPCB M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit-III) The unit shall install RO system for treatment of low TDS effluent before sending to MEE.
The unit shall obtain consent from TNPCB for the production of Acetic Acid as by- product.
The unit shall obtain HW Authorisation for generation, storage & disposal of spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF. The unit shall stop sending the concentrate FCE wastewater to any of recycler or industries without obtaining consent/approval from TNPCB. The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents.
EC calculated by the committee for violation of HW Rules is 93,60,000/- (Rupees Ninety-three lakhs sixty thousand) and same shall be remitted to CPCB Page 41 of 81 M/s Sviss Labss Pvt Ltd.
The unit shall obtain consent for the production of by-products Aluminium Chloride Liquid & HCl.
The unit shall obtain authorisation for generation, storage & disposal of off specification/ contaminated product under hazardous waste rules. The unit shall upgrade RO as well as evaporator system for achieving proper treatment.
The unit shall upgrade the ETP for the consented quantity and also provide proper physiochemical treatment for the effluent generated from lab & floor washing followed by RO. The RO reject shall be treated in MEE to achieve ZLD. The unit shall install ATFD to remove the salt rather than disposing to elevated solar evaporation pond.
The unit shall ensure no effluent is discharged to the ground level solar evaporation pond and this pond shall be dismantled.
The unit shall provide proper treatment system for the effluent generated from softener, cooling tower & blow down before taking to the RO system directly. As the unit claims no effluent generation from process, so TNPCB shall carry out detail study of the process to estimate exact quantity of waste water generation from process and moreover stream wise waste water generation shall be specified in the consent.
The unit shall install flow meters at inlet of individual streams, RO inlet, RO reject, RO permeate, MEE inlet & MEE condensate and connect to CPCB/ TNPCB server to verify the ZLD system.
EC calculated by the committee for violation of HW Rules is Rs 2,65,00,000/- (Rupees Two Crores Sixty-five Lakhs) and same shall be remitted to CPCB.
M/s Ultramarine & Pigments Ltd.
The unit shall maintain ETP properly and also to take necessary steps to improve the performance of RO system.
The unit shall arrest the leaks in kiln area as well as provide proper suction system in order to control the fugitive emission.
The waste generated from kiln upgradation shall be stored in a closed shed and dispose properly with consent from TNPCB.Page 42 of 81
The unit shall install flow meters at inlet of ETP, RO (Inlet, permeate & reject) and MEE (inlet & condensate) and same shall be connected to CPCB/TNPCB server to assess the ZLD system.
M/s Arjun Chemicals Pvt Ltd., The unit shall install online TDS meter in the RO reject discharge as per consented condition.
M/s P A Footwear P Ltd., Unit-II The unit shall replace existing salzberg mechanical dryer system and upgrade to MEE system The unit shall provide proper drying area for the sludge & semi solid and dried solid shall be packed & stored in the closed shed.
The unit shall connect all online flow meters to CPCB server also.
M/s. Ranipet SIDCO Finished Leather Effluent Treatment Company Ltd., (Phase 1) The CETP shall stop its construction activities, until identifying the sources of pollution.
On identification of sources of pollution, remediation action shall be initiated and TNPCB shall impose the environmental compensation on the defaulter. The unit shall install ATFD system as per direction of TNPCB. The unit shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags. EC calculated by the committee for violation of HW Rules is Rs 2,25,000/- (Rupees two lakhs twenty five thousand) and same shall be remitted to CPCB.
M/s. SIPCOT & SIDCO Phase 2 Entrepreneur Finished Leather Effluent Company (P) Ltd., The CETP shall expedite the upgradation of treatment system. CETP shall submit the action plan for removal & disposal of sludge to TSDF present in the SLF facility.Page 43 of 81
CETP shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags. CETP shall connect all online flow meters to CPCB server. EC calculated by the committee for violation of HW Rules is Rs 1,68,750/- (Rupees One lakh sixty-eight thousand seven hundred fifty) and same shall be remitted to CPCB.
Consolidated Table (Environmental Compensation to be paid by the violating industries to CPCB):
S.No. Name of Industry Environmental
Compensation
1 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-I Rs.40,95,000
2 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-3 Rs.93,60,000
3 M/S. Sviss Labss Private Limited Rs.2,65,00,000
4 M/S. Ranipet SIDCO Finished Leathers Effluent Rs.2,25,000
Treatment Co. Ltd,
5 M/S. SIPCOT - SIDCO Phase II Entrepreneur , Finished Rs.1,68,750
Leather Effluent Treatment Co. Pvt.Ltd.
6 M/S. Snap Natural And Alginate Products P Lt Rs.10,00,000
7 M/S. Prestige International, Rs.1,00,000
8 M/S. Standard Chemicals And Leathers, Rs.1,18,000
9 M/S. Titan Leather Exports Unit Ii Rs.1,00,000
10 M/S. Pioneer Leder Tex P Ltd Rs.1,00,000
11 M/S. Vinyork Leather Works Rs.1,00,000
12 M/S. Sri Thirumalai Leathers Rs.1,00,000
13 M/S. Mahalakshmi International Rs.1,00,000
Page 44 of 81
10. Conclusions on Remediation of Chromium Contaminated Site at Ranipet, Tamil Nadu:
As per the terms of NCEF project scheme, Central funding for assessment and remediation of contaminated area was limited to 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public-Private Partnership/State support, etc. Government of Tamil Nadu State had given in-principle approval for funding State's share of 60%. The project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014. However, NCEF Project of MoEF&CC has been discontinued by Government of India. CPCB has completed DPR for remediation of chromium contaminated area at Ranipet, Tamil Nadu based on detailed site investigation including human health risk assessment studies. The DPR along with templates of bid document was forwarded to Government of Tamil Nadu and TNPCB for execution of remediation works.
Since the TCCL was operated by State government department and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant.
As the current scenario in ground level remains same and pollution is being continued as the seepage from the chromium sludge dump yard is flowing to the surface as well as ground water bodies. Hon'ble Tribunal may direct the Govt. of Tamil Nadu to start up remediation work. Since the financial matter is involved, this issue may be taken up in the level of Chief Secretary, Government of Tamil Nadu constituting the monitoring committee for effective progress in the remediation work.
Timelines for implementation & cost estimated as per DPR is as follows:
The schedule of implementation of the selected remedial technology is subject to limiting field conditions. Assuming that the tasks are implemented without undue hindrance of any kind, the anticipated duration for each activity and the overall schedule for installation of the abstraction wells, and connection to the surface water treatment system are presented in Table below for the schedule associated with installation of the water treatment system.Page 45 of 81
Remedial Implementation Schedule - Groundwater Anticipated Activity Sub-activities Anticipated Duration (months) Installation of abstraction Installation of abstraction wells 1 wells Installation of conveyance piping 1 Installation of Treatment Procurement and Installation 6-9 System Instrumentation and Piping Testing and Commissioning Operations Long term monitoring of treatment 15-20 years system Capital expenditure (CAPEX) is associated with drilling, installation of abstraction wells, and installation of the groundwater treatment system. The cost estimates as per DPR is presented below;
Estimated CAPEX In total, the cost of installation of the abstraction system, and connecting it with the surface water treatment system is estimated to be Rs. 12 Crore.
Estimated Operating expenditure (OPEX) Assuming the life of the treatment system to be fifteen (15 years), the OPEX is estimated to be Rs. 1.29 crore per month.
Since no progress made on implementation of remediation work even after finalisation of DPR, Hon'ble NGT shall directed the Govt. of Tamilnadu to implement the following;
i) Chief Secretary to review the matter periodically by constituting the State Level Monitoring Committee for effective monitoring & supervision of remediation work. The remediation work may be executed as per the DPR prepared by CPCB.
ii) Government of Tamilnadu shall recover a portion of the cost from the responsible parties/ owner of M/s TCCL. Until the recovery of the cost, the Page 46 of 81 remediation work shall be initiated by utilizing the environmental compensation available with TNPCB.
(iii) TNPCB shall prepare and submit PERT chart on execution of the work in consultation of the Chief Secretary.
(iv) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
(v) CPCB may provide technical assistance and also verify the remediation works as and when required."
12. Thereafter, this Tribunal had passed the following order:-
"11. It is seen from the report that there was no progress made on implementation of the remediation work, even after finalization of DPR and the committee wanted this Tribunal to direct the Government of Tamil Nadu to implement the following:-
"(i) Chief Secretary to review the matter periodically by constituting the State Level Monitoring Committee for effective monitoring & supervision of remediation work. The remediation work may be executed as per the DPR prepared by CPCB.
(ii) Government of Tamil Nadu shall recover a portion of the cost from the responsible parties/ owner of M/s TCCL. Until the recovery of the cost, the remediation work shall be initiated by utilizing the environmental compensation available with TNPCB.
(iii) TNPCB shall prepare and submit PERT chart on execution of the work in consultation of the Chief Secretary.
(iv) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
(v) CPCB may provide technical assistance and also verify the remediation works as and when required."
12. In O.A. No.186/2020, we feel it appropriate to direct the State of Tamil Nadu to come with a concrete action plan for implementation of the project, for which, DPR has been prepared by the Central Pollution Control Board, for remediation of Chromium deposits in that area, which posses danger to the people of Ranipet. When the companies which are responsible to undertake remediation measures are not available and certain action will have to be taken to remedy the situation, the State Government has to take the responsibility of proceeding with the remediation process and recover the cost from those who are responsible for causing such pollution. The State Government cannot wait for a longer period, as the issue regarding the pollution caused on account of the tanneries and other industries which are the main produces of Chromium has been dealt with by the Hon‟ble Apex Court even during 1996 and directions have been issued in Vellore Citizen's Welfare Forum Vs. Union of India and directions have been issued by the Hon‟ble Apex Court to take remedial measures by the regulators including the State Government. Since no effective steps have been taken by the regulators as well as the State Government, on the basis of the newspaper report this Tribunal had taken Suo Motu action for remedying the situation and that is how, O.A. No.186 of 2020 was registered by this Tribunal."
13. Again, the matter was taken up on 08.11.2021 and on that day, this Tribunal considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 22.10.2021, e-filed on the same date in respect of both the cases viz., O.A. No.186 and 131 of 2020 which were jointly considered by the Tribunal for some time, but we are only extracting the portion relevant for this case alone from the report which reads as follows:-
Page 47 of 81"4. It is submitted that the unit M/s Thirumalai Chemicals Limited, S.F No. 287, SIPCOT Industrial Complex, Ranipet, Navlock village, Walajah Taluk , Ranipet District (Vellore District) has submitted the DPR for remediation of contaminated site within the premises vide its letter dt. 20.09.2021 so as to comply the Hon'ble NGT (SZ) order dt. 15.03.2021. Based on that a letter was addressed by JCEE (M), TNPCB, Vellore to the unit so as to furnish time schedule and action plan for the execution the soil remediation of contaminated site within its premises vide letter No. JCEE (M)/F.004/RL/NGTI O.A 131/Remediation/2021 Dated 23.09.2021.
ACTION TAKEN REPORT BY THE TNPC BOARD REGARDING IMPLEMENTATION OF DPR PREPARED BY THE CPCB REMEDIATION AT CHROME CONTAMINATED SITE AT MIS. TAMIL NADU CHEMICALS AND CHROMATES LIMITED (TCCL).
5. It is respectfully submitted that the CPCB has indentified 126 contaminated sites across in India and M/s TCCL, Ranipet in one among them. The CPCB has entrusted the preparation of Detailed Project Report (DPR) for remedial of chrome contaminated site at M/s TCCL, Ranipet to M/s ERM India Pvt Ltd. Accordingly M/s ERM India Pvt Ltd has prepared DPR and the same was approved by Central Pollution Control Board (CPCB) and submitted the DPR.
The DPR consists of full scale remediation process and interim Remedial Measures of Soil & Waste Remediation.
Full scale Soil & Waste Remediation involves Excavation of contaminated soil (As per excavation Plan), Soil & Waste Treatment, Secured land fill with leachate collection & treatment system and Ground water remediation. The cost estimation for same is follows The interim Remedial Measures of Soil & Waste Remediation involves the soil waste will be capped in place with single layer liner system and capping consisting of 2mm HDPE liner followed by geo - synthetic membrane and covering with soil to facilitate vegetation with storm water drainage system at a cost of Rs. 12 Crores. As interim remedial measures, removal of contaminated waste as well as impacted soil from subject site would eliminate the scope of further leaching of contaminants into groundwater. This measure would gradually reduce concentration in ground water. This will also result in reclamation of about 58% of the contaminated land that can be utilized for industrial activities.
Meanwhile, the CPCB conducted a video conference meeting on 16.3.2021 regarding compliance of the direction of Hon'ble NGT order Dt. 29.1.2021 in O.A No. 804 of 2017 with respect to contaminated site.Page 48 of 81
Since the huge costs (Rs 286 Cr as CAPEX and Rs 280 Cr as OPEX) associated with the final remedial plan, during the meeting TNPCB has expressed its proposal to examine the feasibility of shifting Chrome bearing waste (approximate 2.2 Lakhs Ton) lying at M/s TCCL, Ranipet for scientific disposal in the Secured landfill Facility at Common TSDF, Gummidipoondi.
The CPCB vide Lr Dt. 23.3.2021 has recorded the following in minutes of the meeting held on 16.3.2021.
"Tamil Nadu- There is 01 contaminated site for which DPR has been prepared and forwarded the same to Govt of Tamil Nadu and TNPCB for execution of Remediation works
a) TNPCB informed that since the cost of actual remediation as per DPR is very high it is proposed to lift and disposal of hazardous waste through TSDF.
CPCB conveyed that interim measures also proposed in DPR as per the request of TNPCB/Govt of TN for capping of waste and contaminated soil along with storm water drainage system with a cost about Rs. 12 Crores. After wards, groundwater remediation by applying Pump & Treat method may be implemented initially for 5 years. It was also explained that cost of remediation will appear high due to inclusion of Ground Water remediation cost over a period of 15 years. However, actual cost may be much lower. Initial cost of remediation may be focus up 1-2 years O&M cost of GW remediation. While preparing DPR cost of transferring to TSDF was discussed however, it was deferred due to cost consideration.
MS, CPCB has suggested TNPCB that once DPR is accepted by Project steering committee (PSC) headed by Chairman CPCB, remediation work needs to be executed within the timeline stipulated in DPR."
The CPCB vide Ir Dt. 23.3.2021 has informed to arrange for initiating interim measures and furnish action plan in this regard. TNPCB has formed a Committee vide Proc Dt. 26.4.2021 with the technical expert members with Terms of References (ToRs) to oversee the methodology and proposal for Interim - Soil & Waste Remediation measures, documents prepared for Technical bid & Cost bid with an assistance of M/s ERM India Pvt Ltd and processing of Tendering and identifying the suitable bidder for execution of works.
In the mean time the Government vide Letter dated 17.8.2021 has requested the TNPCB to re-examine the interim plan as suggested in DPR for remediation of contaminated site at M/s TCCL, Ranipet and work out a plan of interim remedial measures in consultation with suitable expert agencies and send the same to Govt. Hence, the above subject on the proposal on interim remedial measures of soil & waste remediation at chrome contaminated site at M/s Tamil Nadu Chemicals and Chromates Ltd (TCCL), located at plot no. 25, SIPCOT Industrial Estate, Ranipet, Tamil Nadu at cost of 12 Crores is to be placed before the Board for necessary approval. "
14. Thereafter, the order passed in respect of O.A. No.186 of 2020 alone is reproduced below:-
"14. The State of Tamil Nadu is also directed to file a detailed report regarding the remedy of the situation in a comprehensive manner as has been directed by the Hon‟ble Apex Court in Vellore Citizen's Welfare Forum Vs. Union of India, as the issue is pending since 1996 and we are still in the stage of preparation of DPR and no actual steps have been taken to remedy the situation permanently on ground so far, though everybody knows that Chromium deposit in that particular place for a longer period can cause serious effects due to contamination of river (through leachate) and its impact on health of the local people. The people of Ranipet and surroundings are suffering with this difficulty since long time and the State Government has also got some responsibility to look into the issue and take effective practical measures to remedy the situation in a permanent way and collect the expenses incurred for doing the remedial measures from the persons who are responsible for causing such pollution in that area applying the Page 49 of 81 "Polluters Pay" principle. But such a proactive step has not been taken by the State Government so far.
15. The Central Pollution Control Board is also giving certain directions as to how this will have to be done and they have also not taken any effective steps to implement their recommendations by the State Government and if there is any latches on the part of the persons who are responsible for the same, what is the nature of action taken by them in this regard is also not clear from the report submitted."
15. Thereafter, the matter was taken up 27.01.2022 along with O.A. No.131 of 2020 and on that day, this Tribunal considered the interim report submitted by the Joint Committee signed by some of the members with date 08.12.2021, e-filed on 09.12.2021 and extracted in Para (11) of the order which reads as follows:-
"Interim Report of the Joint Committee in the matter of OA No. 186/2020 (As per Hon'ble National Green Tribunal, Southern Zone ChennaiOrder dated 08.11.2021)
1. Background The Hon‟ble National Green Tribunal, Southern Zone, Chennai has taken Suo Motu case on the basis of the newspaper report published in "The New Sunday Express Newspaper Edition dated: 20.07.2020 under the captions "Ranipet residents health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long-term health risks". In the matter of OA no. 186 of 2020 constituted a joint committee and given certain directions vide its order dated 21.01.2021 and 03.02.2021. Accordingly, joint committee submitted the report in the month of April 2021. The recommendations/suggestions given in the joint committee report is as follows;
Recommendations for industries:
Tamilnadu Pollution Control Board may be directed to issue notice to the following industries and take appropriate action accordingly. M/s Malladi Drugs &Pharmaceuticals Ltd., (Unit I) The unit shall obtain proper consent for disposal of bio yeast sludge by mixing with TEE concentrate, which is sent for co-processing. Characteristics of the sludge generated from clarifier after FICCO treatment shall be carried and accordingly consent/ authorisation shall be obtained from TNPCB for generation, storage & disposal. The unit shall obtain HW Authorisation for generation, storage & disposal of spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF.
Since the industry is operating both the boilers 3.5 TPH & 6 TPH regularly, OCEMS shall installed in the stack attached to 6 TPH boiler also for the parameter PM.
Since the industry is claiming ZLD system and not using the treated effluent for gardening, online analyser for the parameters pH, COD, BOD & TSS may be removed. To ensure that no effluent used for gardening, the unit shall install flow meter for the treated effluent reuse.
To verify the ZLD system, flow meters in the RO reject, FICCO inlet and treated effluent reuse shall be installed & connected to CPCB and TNPCB server as well as the flow meters RO feed, MEES feed & TEES feed connected to TNPCB shall also be connected to CPCB server. The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents. The unit shall take necessary steps to remove the compost placed in the open yard. The compost shall be bagged & stored properly. The sludge in the collection lagoon shall also be removed, stored & disposed properly.Page 50 of 81
EC calculated by the committee for violation of HW Rules is Rs 40,95,000/- (Rupees forty lakhs ninety-five thousand) and same shall be remitted to CPCB M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit-III) The unit shall install RO system for treatment of low TDS effluent before sending to MEE.
The unit shall obtain consent from TNPCB for the production of Acetic Acid as by- product.
The unit shall obtain HW Authorisation for generation, storage & disposal of spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF.
The unit shall stop sending the concentrate FCE wastewater to any of recycler or industries without obtaining consent/approval from TNPCB. The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents. EC calculated by the committee for violation of HW Rules is 93,60,000/- (Rupees Ninety-three lakhs sixty thousand) and same shall be remitted to CPCB M/s Sviss Labss Pvt Ltd.
The unit shall obtain consent for the production of by-products Aluminium Chloride Liquid & HCl.
The unit shall obtain authorisation for generation, storage & disposal of off specification/ contaminated product under hazardous waste rules. The unit shall upgrade RO as well as evaporator system for achieving proper treatment.
The unit shall upgrade the ETP for the consented quantity and also provide proper physiochemical treatment for the effluent generated from lab & floor washing followed by RO. The RO reject shall be treated in MEE to achieve ZLD. The unit shall install ATFD to remove the salt rather than disposing to elevated solar evaporation pond. The unit shall ensure no effluent is discharged to the ground level solar evaporation pond and this pond shall be dismantled. The unit shall provide proper treatment system for the effluent generated from softener, cooling tower & blow down before taking to the RO system directly.
As the unit claims no effluent generation from process, so TNPCB shall carry out detail study of the process to estimate exact quantity of waste water generation from process and moreover stream wise waste water generation shall be specified in the consent. The unit shall install flow meters at inlet of individual streams, RO inlet, RO reject, RO permeate, MEE inlet & MEE condensate and connect to CPCB/ TNPCB server to verify the ZLD system. EC calculated by the committee for violation of HW Rules is Rs 2,65,00,000/- (Rupees Two Crores Sixty-five Lakhs) and same shall be remitted to CPCB.
M/s Ultramarine & Pigments Ltd.
The unit shall maintain ETP properly and also to take necessary steps to improve the performance of RO system.
The unit shall arrest the leaks in kiln area as well as provide proper suction system in order to control the fugitive emission. The waste generated from kiln upgradation shall be stored in a closed shed and dispose properly with consent from TNPCB. The unit shall install flow meters at inlet of ETP, RO (Inlet, permeate & reject) and MEE (inlet & condensate) and same shall be connected to CPCB/TNPCB server to assess the ZLD system.
M/s Arjun Chemicals Pvt Ltd., The unit shall install online TDS meter in the RO reject discharge as per consented condition.
M/s P A Footwear P Ltd., Unit-II Page 51 of 81 The unit shall replace existing salzberg mechanical dryer system and upgrade to MEE system The unit shall provide proper drying area for the sludge & semi solid and dried solid shall be packed & stored in the closed shed. The unit shall connect all online flow meters to CPCB server also. M/s. Ranipet SIDCO Finished Leather Effluent Treatment Company Ltd., (Phase 1) The CETP shall stop its construction activities, until identifying the sources of pollution.
On identification of sources of pollution, remediation action shall be initiated and TNPCB shall impose the environmental compensation on the defaulter.
The unit shall install ATFD system as per direction of TNPCB. The unit shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags.
EC calculated by the committee for violation of HW Rules is Rs 2,25,000/- (Rupees two lakhs twenty five thousand) and same shall be remitted to CPCB.
M/s. SIPCOT & SIDCO Phase 2 Entrepreneur Finished Leather Effluent Company (P) Ltd., The CETP shall expedite the upgradation of treatment system. CETP shall submit the action plan for removal & disposal of sludge to TSDF present in the SLF facility.
CETP shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags.
CETP shall connect all online flow meters to CPCB server. EC calculated by the committee for violation of HW Rules is Rs 1,68,750/- (Rupees One lakh sixty-eight thousand seven hundred fifty) and same shall be remitted to CPCB.
Consolidated Table (Environmental Compensation to be paid by the violating industries to CPCB):
S.N Name of Industry Environment
o. al
Compensatio
n
1 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-I Rs.40,95,000
2 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-3 Rs.93,60,000
3 M/S. Sviss Labss Private Limited Rs.2,65,00,00
0
4 M/S. Ranipet SIDCO Finished Leathers Effluent Rs.2,25,000
Treatment Co. Ltd,
5 M/S. SIPCOT - SIDCO Phase II Entrepreneur , Rs.1,68,750
Finished
Leather Effluent Treatment Co. Pvt.Ltd.
6 M/S. Snap Natural And Alginate Products P Lt Rs.10,00,000
7 M/S. Prestige International, Rs.1,00,000
8 M/S. Standard Chemicals And Leathers, Rs.1,18,000
9 M/S. Titan Leather Exports Unit Ii Rs.1,00,000
10 M/S. Pioneer Leder Tex P Ltd Rs.1,00,000
11 M/S. Vinyork Leather Works Rs.1,00,000
12 M/S. Sri Thirumalai Leathers Rs.1,00,000
13 M/S. Mahalakshmi International Rs.1,00,000
Conclusions on Remediation of Chromium Contaminated Site at Ranipet, Tamil Nadu:
As per the terms of NCEF project scheme, Central funding for Page 52 of 81 assessment and remediation of contaminated area was limited to 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public-Private Partnership/State support, etc. Government of Tamil Nadu State had given in-principle approval for funding State‟s share of 60%. The project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014. However, NCEF Project of MoEF&CC has been discontinued by Government of India. CPCB has completed DPR for remediation of chromium contaminated area at Ranipet, Tamil Nadu based on detailed site investigation including human health risk assessment studies. The DPR along with templates of bid document was forwarded to Government of Tamil Nadu and TNPCB for execution of remediation works. Since the TCCL was operated by State government department and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant.
As the current scenario in ground level remains same and pollution is being continued as the seepage from the chromium sludge dump yard is flowing to the surface as well as ground water bodies. Hon‟ble Tribunal may direct the Govt. of Tamil Nadu to start up remediation work. Since the financial matter is involved, this issue may be taken up in the level of Chief Secretary, Government of Tamil Nadu constituting the monitoring committee for effective progress in the remediation work.
Since no progress made on implementation of remediation work even after finalisation of DPR, Hon‟ble NGT shall directed the Govt. of Tamilnadu to implement the following;
i) Chief Secretary to review the matter periodically by constituting the State Level Monitoring Committee for effective monitoring & supervision of remediation work. The remediation work may be executed as per the DPR prepared by CPCB.
ii) Government of Tamilnadu shall recover a portion of the cost from the responsible parties/ owner of M/s TCCL. Until the recovery of the cost, the remediation work shall be initiated by utilising the environmental compensation available with TNPCB.
iii) TNPCB shall prepare & submit PERT chart on execution of the work in consultation of the Chief Secretary.
iv) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
v) CPCB may provide technical assistance and also verify the remediation works as and when required.
Further, Hon‟ble Tribunal in its order dated 08.11.2021 directed the joint committee as follows and to submit the report on or before 14.12.2021;
"... The Joint Committee is also directed to conduct a further inspection of the units in question which were responsible for causing such pollution in river Palar and also responsible for the deposit of Chromium and disposal of the same and what are the effective steps that have been taken after their earlier inspection..."
In compliance to the order dated 08.11.2021, a joint committee meeting was conducted on 01.12.2021 and detailly discussed about the plan of action to carry out the inspection of industries as well as status of implementation of Action Plan w.r.t Chromium contaminated site remediation work.
2. Status of further Inspection of the units in question which were responsible for causing such pollution in river Palar During the committee meeting, it is decided to carry out the inspection of major water polluting industries in the SIPCOT as well as Ranipet area. In this regard, TNPCB has identified 41 nos. of industries and provided the list to the joint committee. Due to the current prevailing climatic condition, joint committee not able to carry out the inspection of industries.
Accordingly, the joint committee tentatively planned to carry out the inspection of industries during third week of December 2021 by having the committee in two or three teams including the other officials of CPCB & TNPCB.
Page 53 of 813. Responsible for the deposit of Chromium and disposal of the same and what are the effective steps that have been taken after their earlier inspection M/s TCCL, is a TIDCO joint venture company promoted during 1972 in association with Sh.K. K. Mohiadeen for implanting the project for the manufacture of Basic Chromium Sulphate. The promoters agreement was terminated due to equity contribution failure. Thereafter, the company was managed by TIDCO through its nominee directors till Jan 1989 except for initial two years period of operation. During 1988, TIDCO disinvested its shareholding in favour of Sh. C. V. Sridhar, who was appointed as CMD of TCC to Sh. Ashok Balasubramanian. The plant was not operated after 1995-96 as TNPCB issued notice to stop production until the solid waste is disposed off. TNPCB in its letter to Industries Department stated that 1.52 lakhs tonnes (out of 2.27 lakhs tonnes of chrome sludge) was generated during 1975 to 1988 when the management was with TIDCO and the balance 0.75 lakhs tonnes was generated during management of Sh. C. V. Sridhar and Sh. Ashok Balasubramaniam. Major 67% of waste generated during TIDCO tenure.
A brief history obtained from SIPCOT, Ranipet about the M/s TCCL ownership is enclosed as Annexure III.
During the committee meeting, it is requested TNPCB to provide the present status of progress w.r.t remediation of contaminated site. The committee member representing TNPCB informed that "A letter has been addressed by JCEE (M), TNPCB, Vellore to the Corporate office, TNPCB, Guindy, Chennai vide T.O letter Dt. 3.12.2021 requesting the present status of progress on implementation of remediation measures to be taken at Chromium contaminated site in the unit of M/s Tamilnadu Chromates & Chemicals Limited, Ranipet. The further decision and report awaiting from the Board."
4. Status of Action Taken against the Violating industries on the Earlier inspection carried out by the joint committee; In the earlier inspection of industries by the joint committee, violations were noticed and submitted the report to the Hon‟ble Tribunal. The joint committee report was communicated vide email dt. 30.06.2021 to TNPCB. In the meeting officer representing TNPCB informed that "JCEE(M), TNPCB, Vellore has addressed to Corporate office, TNPCB, Guindy, Chennai vide T.O letter Dt. 19.04.2021 & 16.11.2021 to issue the show cause notice under section 5 of E(P)A Act to the units as suggested by joint committee to impose Environmental Compensation and the show cause notice to the units in this regard are yet to be issued by the Board".
Hence the joint committee decided to carry out the compliance verification of industries which are inspected earlier as per Hon‟ble Tribunal order dated 21.01.2021 and 03.02.2021.
Request for seeking Time for submission of Committee Report:
Due to the current prevailing climatic condition, joint committee not able to carry out the inspection of industries. Considering the situation, joint committee please the Hon‟ble Tribunal to grant further two months time for submission of the industries inspection report."
16. The Central Pollution Control Board also filed the report in respect of status of the remediation of Chromium contaminated site at Ranipet dated 03.01.2022, e-filed on same date which was extracted in Para (13) of the order which reads as follows:-
"Status On Remediation of Chromium Contaminated Sites at Ranipet, Tamil Nadu Filed On Behalf of Central Pollution Control Board in the Matter of O.A no. 186/2020 as per order dt. 08.11.2021 Central Pollution Control Board (CPCB) has prepared and forwarded the accepted DPR for remediation of Chromium contaminated sites at Ranipet, Tamil Nadu, along with template of Page 54 of 81 BID documents to TNPCB and Govt. of Tamil Nadu, vide letter dated 11.01.2019 & 13.02.2019, respectively, for execution of remediation works. CPCB is regularly pursuing the said issue with TNPCB for execution of remediation work.
Hon‟ble NGT (PB), in O.A. No. 804 of 2017, in the matter of Rajiv Narayan & Anr. Vs. Union of India & Ors; w.r.t., „Assessment and Remediation of Contaminated Sites‟, had reviewed the aforesaid issue and the relevant directions were passed vide order dated 26.08.2019, are as below:
"126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.
Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021."
Further, in the order of the Hon‟ble NGT, dated 29.01.2021, the directions was as below:
"........The proceedings before the Tribunal are accordingly closed, with further monitoring being done at the level of the CPCB and the MoEF&CC, as already directed...."
In compliance to the aforesaid orders of the Hon‟ble NGT, CPCB held review meetings on 02.09.2020, and 16.03.2021, wherein it was decided that action may be taken and the reports needed to be submitted to CPCB. In response to this, TNPCB vide letter dated 10.04.2021, submitted the following:
1. Implementation of interim remedial measures is under consideration;
2. Preparation of Technical & Cost bid documents may be completed by 31.08.2021;
3. The proposal of Interim - Soil & Waste remediation measure is yet to get approval of the board including budget from Environmental Compensation fund. Time requirement is 03 months, i.e., 31.08.2021.
Further, CPCB held third review meeting on 18.11.2021 and it was observed that there is little progress w.r.t. execution of remediation works at the aforesaid site. TNPCB has informed the following:
1. Sanction of Rs. 12 Crores is awaited from Govt. of Tamil Nadu, for execution of interim remedial measure as indicated in the aforesaid DPR prepared by CPCB
2. Preparation of tender document as indicated in the aforesaid DPR is underway.
Further, TNPCB has got financial approval vide Board meeting dated 30.11.2021 to carry out the interim remediation measures and preparation of tender document is underway."
17. On that day, this Tribunal had directed to delink the O.A. No.131 of 2020 (SZ) from this case to be considered separately, as the allegations in that case are not related to Chromium contaminated site, but in respect of violation of particular industrial unit in SIPCOT Industrial Estate, Ranipet.
Page 55 of 8118. This Tribunal also directed the Chief Secretary, State of Tamil Nadu to file a report of the review of remediation process that is undertaken in Ranipet area. Thereafter, the matter has been adjourned from time to time for the purpose of getting further report.
19. Vide Order dated 17.05.2022, this Tribunal considered the report submitted by the Joint Committee signed by some of the officer with dated 23.07.2022, e-filed on 25.03.2022 and extracted in Para (3) of the order which reads as follows:-
"Report of the Joint Committee in the matter of OA No. 186/2020 (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 08.11.2021)
1. Background The Hon‟ble National Green Tribunal, Southern Zone, Chennai has taken Suo Motu case on the basis of the newspaper report published in "The New Sunday Express Newspaper Edition dated: 20.07.2020 under the captions "Ranipet residents health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long-term health risks". In the matter of OA no. 186 of 2020, the Hon‟ble NGTconstituted a joint committee and given certain directions vide its order dated 21.01.2021 and 03.02.2021. Accordingly, the joint committee submitted its the report dated 16.04.2021 with the recommendations/suggestions along with the environmental compensation for violating industries and also suggestion on execution of work with respect to Remediation of Chromium Contaminated Site at Ranipet, Tamil Nadu:
Further, the matter has been adjourned time to time and Hon‟ble Tribunal in its order dated 08.11.2021 further directed the joint committee as follows and to submit the report on or before 14.12.2021; "... The Joint Committee is also directed to conduct a further inspection of the units in question which were responsible for causing such pollution in river Palar and also responsible for the deposit of Chromium and disposal of the same and what are the effective steps that have been taken after their earlier inspection..."
In compliance to the order dated 08.11.2021, a joint committee meeting was conducted on 01.12.2021 and discussed about the plan of action to carry out the inspection of industries as well as status of implementation of Action Plan w.r.t Chromium contaminated site remediation work. In this regard, an interim report was filed by the joint committeedated 09.12.2021 requesting further time to submit the final report, after inspection of industries in Ranipet area.
The committee has carried out inspection of 52 nos. of industries during December 21- 23, 2021 along with the other officials of CPCB&TNPCB. Three teams were made and inspection was completed in order to verify any discharge to River Palar as directed by Hon‟ble NGT. The details are as follows;
Page 56 of 81 Table 1: Details of the Team Team 1 Team 2 Team 3 1. R. Poongodi, RDO, 1. Sh. S. 1. Smt. T. Mahima Sc Ranipet Karthikeyan Sc C, D CPCB RD, Chennai 2. Sh. R. Rajkumar Sc CPCB RD, 2. R. Poongodi, RDO, Ranipet
D, CPCB RD, Chennai Chennai 3. Sh. S. Rajan, JCEE,
3. Sh. R. Sridhar, Sc 2. Sh. C.Tholkappiyan, TNPCB/ Sh. Rajendra D MoEF&CC AEE, TNPCB, Babu, EE, TNPCB
4. Sh. G. 3. Sh. Muthaiya, SE WRO 4. Sh. M. A Mohamed Ghani, Ravichandran, DEE, 4. Sh. V. Mohan, EE JD, DISH TNPCB, Ground Water Dept.
5. Sh. G. Kalai Selvi, PO SIPCOT, Ranipet During the inspection, the District Collector, Ranipet has also joined the inspection for few units along with the committee members.
2. Status of further Inspection of the units in question which were responsible for causing such pollution in river Palar Totally 52 units were inspected by the teams in which 3 units are CETPs for tannery effluent treatment, 22 nos. cluster of cottage units manufacturing Glue from animal waste and 9 units are found closed/not in operation. The details of industries inspected by the teams are as follows;
Table 2: Details of the industries inspected by the Team Sl No. Name of Industries inspected (list as Report along provided by TNPCB) With field observation Annexed in Page No. Team: 1 - Annexure 1
1. M/s Malladi Drugs &Pharmaceuticals Ltd., (Unit I) 19
2. M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit- 21 III) 3. M/s SVISS LABSS Pvt Ltd. 22 4. M/s Ultramarine & Pigments Ltd. 24 5. M/s Arjun Chemicals Pvt Ltd., 24 6. M/s P A Footwear P Ltd., Unit-II 25
7. M/s. Ranipet SIDCO Finished Leather Effluent 25 Treatment Company Ltd., (Phase 1) 8. M/s. SIPCOT & SIDCO Phase 2 Entrepreneur 27 Finished Leather Effluent Company (P) Ltd.,
9. M/S. Snap Natural and Alginate Products P Ltd. 28 10. M/S. Prestige International 29 11. M/s. Standard Chemicals and Leathers 29 12. M/s Titan Leather Exports Unit - II 30 13. M/s. Pioneer Leder Tex P Ltd 30 14. M/s. Vinyork Leather Works 31 15. M/s. Mahalakshmi International 31 16. M/s. Sri Thirumalai Leathers 32
17. M/s. Murugappa Morgan Thermal Ceramics Limited 32 Page 57 of 81
18. M/s Alchymars ICM SM Private Limited Closed
19. M/s. Southern Synthetics Closed
20. M/s. Boon Dyeing Closed
21. M/s Udaya Enterprises Closed
22. M/s Greaves Cotton Limited Closed
23. M/s. Hariram Chemicals (Chemical Division) Not in operation (Temporary closed)
24. M/s Joy Foam Private Limited Not in operation (Dry unit, no effluent generation) Team 2: - Annexure 2 25. M/s. Ashtalakshmi Glue Works 34 26. M/s. Balamurugan Glue Works 36 27. M/s. Govindan Glue Works 38 28. M/s.Kanniyappan Glue Works 40 29. M/s. Karthikeyan Glue Works 42 30. M. Murugan Glue Works 45 31. M/s.M.R. Subramani Glue Works 47 32. M/s. M.A. Krishnan Glue Works 49 33. M/s. M.A.K. AnandaVelu Glue Works 51 34. M/s. Paneer Selvam Glue Works 54 35. M/s. R.K. Glue Works 56 36. M/s. Saravana Glue Works 59 37. M/s. Senbagam Traders 61 38. M/s. S.K. Glue Works 64 39. M/s. Sri Venkateswara Glue Works 66 40. M/s.T.K. Glue Works 69 41. M/s. Thirumal Glue Works 71 42. M/s. Velmurugan Glue Factory 73 43. M/s. K. Venkatesan Glue Works 75 44. M/s. Sri Vinayaga Glue Works 78
45. M/s Anbarasu Glue Not in operation
46. M/s M.R. Krishnan Closed 47. M/s. ROCA Bathroom Products Pvt. Ltd. 81
48. M/s. Coromandel International Limited (Pesticide 84 division)
49. M/s. Coromandel International Limited (Fertilizer 86 division) Team 3: - Annexure 3 50. M/s Ranipet Tannery Effluent Treatment 89 Company Limited RANITEC, (Common Effluent Treatment Plant) Page 58 of 81
51. M/s K H Exports India Private Limited, Tannery „A‟ 113 Division 52. M/s T.M. Abdul Rahman & Sons - „B‟ Unit 122 The industries in Sl no. 1 to 8 were inspected earlier by the committee as per Hon‟ble Tribunal directions and calculated compensation under HW Rules violations.
The industries in Sl no. 9 to 16 for which TNPCB has imposed environmental compensation on violating industries in the SPICOT industrial area based on the inspection as per OA 1038/2019 order dated 14.09.2019 and also based on the routine/ public complaint inspections. The same was taken into consideration by the committee and submitted in the earlier committee report.
The compliance verification of these industries was carried out upon the recommendation made in the committee report dated 16.04.2021. The individual industries wise recommendations made by the inspecting teams are as follows:
Present Compliance Report on the industries w.r.t Earlier Committee Report dated 16.04.2021 M/s Malladi Drugs &Pharmaceuticals Ltd., (Unit I) In the earlier inspection, eight non-compliance was observed by the committee and calculated compensation for violation of Hazardous Waste Rules. Presently, the unit has complied with six points and remaining two non-compliance points are given belowalong with other recommendations; The unit shall expedite the installation of procured OCEM system in the stack attached to 6 TPH boiler for the parameter PM and same shall be connected to CPCB & TNPCB server.
To verify the ZLD system, additional flow meters in the RO reject, FICCO inlet and treated effluent reuse shall be installed & connected to CPCB and TNPCB server as well as the flow meters RO feed, MEES feed & TEES feed connected to TNPCB shall also be connected to CPCB server. The unit has applied for renewal of consents under Water & Air Act and same shall be obtained from TNPCB.
EC calculated by the committee for violation of HW Rules is Rs 40,95,000/-
(Rupees forty lakhs ninety-five thousand) and same shall be remitted to CPCB.
M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit-III) In the earlier inspection, five non-compliance was observed by the committee and calculated compensation for violation of Hazardous Waste Rules. Presently, the unit has complied with four points and remaining one non-compliance point is given below along with other recommendations; The unit shall install RO system for treatment of low TDS effluent before sending to MEE.
The unit has applied for renewal of consents under Water & Air Act and same shall be obtained from TNPCB.
EC calculated by the committee for violation of HW Rules is 93,60,000/-
(Rupees Ninety-three lakhs sixty thousand) and same shall be remitted to CPCB.
M/s SVISS LABSS Pvt Ltd.
In the earlier inspection, eight non-compliance was observed by the committee and calculated compensation for violation of Hazardous Waste Rules. Presently, the unit has complied and submitted their clarification. Consideration of the information submitted by the unit, the following are recommended for compliance;Page 59 of 81
The unit shall install online flow meters instead of Analog flow meters at inlet of individual streams, RO inlet, RO reject, RO permeate, MEE inlet & MEE condensate and connect to CPCB/ TNPCB server to verify the ZLD system.
The unit shall upgrade the ETP to consented quantity of effluent generation before starting the production as per the consented product and same shall be ensured by TNPCB.
The unit shall obtain authorisation for generation, storage & disposal of off specification/ contaminated product under hazardous waste rules before starting the production as per consented product quantity and same shall be ensured by TNPCB.
EC calculated by the committee for violation of HW Rules is Rs 2,65,00,000/- (Rupees Two Crores Sixty-five Lakhs) and same shall be remitted to CPCB.
M/s Ultramarine & Pigments Ltd.
In the earlier inspection, four non-compliance was observed by the committee. Presently, the unit has complied with two points and remaining are being implemented.
The stored waste, which is generated during upgradation of old kilns shall be disposed properly with consent from TNPCB.
The unit shall connect the flow meters to CPCB/ TNPCB servers installed at inlet of ETP, RO (Inlet, permeate & reject) and MEE (inlet & condensate).
M/s P A Footwear P Ltd., Unit-II In the earlier inspection, three non-compliance was observed by the committee and presently, the one point is complied and remaining are yet to be complied. The same is recommended below;
The unit shall connect all online flow meters to CPCB server also. The unit shall provide proper drying area for the sludge & semi solid and dried solid shall be packed & stored in the closed shed.
M/s. Ranipet SIDCO Finished Leather Effluent Treatment Company Ltd., (Phase 1) Presently, the unit has not complied to any of the recommendations mentioned in the earlier inspection report and same is again recommended to comply. The committee calculated compensation for violation of Hazardous Waste Rules.
Construction activities was being carried out by the CETP for upgradation of treatment units, during the first committee inspection coloured seepage was noticed below the ground level/foundation area and samples were collected to know the characteristics of seepage. The observed values are TDS - 31030 mg/l, Chloride - 9050 mg/l and sulphate 1960 mg/l, COD - 4872 mg/l & BOD - 768 mg/l. As per the analysis report, it clearly indicates the contamination due to tannery effluent. Accordingly, committee suggested to stop the construction activity and identify the source of pollution, whereas, during the committee visit in the month of December 2020, it is noticed that construction activities was completed without identification of sources of pollution.
On identification of sources of pollution, remediation action shall be initiated and TNPCB shall impose the environmental compensation on the defaulter. The unit shall install ATFD system as per direction of TNPCB.
The unit shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags.
EC calculated by the committee for violation of HW Rules is Rs 2,25,000/- (Rupees two lakhs twenty five thousand) and same shall be remitted to CPCB.Page 60 of 81
M/s. SIPCOT & SIDCO Phase 2 Entrepreneur Finished Leather Effluent Company (P) Ltd., Presently, the unit has not complied to any of the recommendations mentioned in the earlier inspection report and same is again recommended to comply. The committee calculated compensation for violation of Hazardous Waste Rules.
The CETP shall expedite the upgradation of treatment system. CETP shall submit the action plan for removal & disposal of sludge to TSDF present in the SLF facility.
CETP shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags.
CETP shall connect all online flow meters to CPCB server.
EC calculated by the committee for violation of HW Rules is Rs 1,68,750/- (Rupees One lakh sixty-eight thousand seven hundred fifty) and same shall be remitted to CPCB.
Compliance Report on the industries w.r.t TNPCB Inspection Considered in the Earlier Committee Report M/s. Snap Natural and Alginate Products P Ltd.
TNPCB has issued with five direction points to the unit in which two are complied and remaining are recommended below for compliance. The unit shall not be allowed for production & operate SEP during the rainy reasons, in order to avoid overflow along with the rainwater. As per TNPCB direction, the unit shall install the RO system followed by Multiple Effect Evaporator with ATFD EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.10,00,000 and remit to CPCB.
M/s. Prestige International TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
M/s. Standard Chemicals and Leathers TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,18,000 and remit to CPCB.
M/s. Titan Leather Exports Unit - II TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for Page 61 of 81 salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
M/s. Pioneer Leder Tex P Ltd TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
M/s. Vinyork Leather Works TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
M/s. Mahalakshmi International TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
M/s. Sri Thirumalai Leathers TNPCB has issued direction to the unit for providing solar evaporation pond and imposed compensation. The unit has complied with providing SEP and other observation noticed during present inspection are recommended below for compliance;
The unit shall maintain the SEP properly and maintain proper records for salt generation & disposal.
EC calculated by TNPCB is considered in the joint committee report and suggested to levy the compensation amount Rs.1,00,000 and remit to CPCB.
Recommendation for the industries based on present inspection of the committee M/s. Murugappa Morgan Thermal Ceramics Limited The unit shall install Multiple Effect Evaporator with ATFD to evaporate the R.O Rejects so as to achieve the ZLD system as directed by TNPCB.
M/s. ROCA Bathroom Products Pvt. Ltd The unit shall stop discharge of the effluent on land adjacent to the Solar Evaporation Pond (SEP).Page 62 of 81
The unit shall treat the effluent properly and also to maintain the ETP treatment units in operation.
The unit shall maintain proper records for salt generation from SEP The unit shall install MEE along with ATFD to achieve ZLD and also dismantle SEP.
The unit shall stop discharge of sewage on land and operate STP properly. The treated sewage shall be utilized for gardening. EC calculated for discharge of effluent & sewage on land is Rs 36,00,000/- (Rupees Thirty Six lakhs) and same shall be remitted to CPCB M/s. Ranipet Tannery Effluent Treatment Company Limited (RANITEC CETP) CETP shall stipulate inlet standards for all member industries.
CETP shall make efforts to dispose MEE salts.
M/s K H Exports India Private Limited Tannery „A‟ Division The unit shall be directed as follows:
To seek amendment in consent order for processing of wet blue to finished and EI tanned to finished leather.
To install sewage treatment plant within six months for processing sewage To comply with Hazardous Waste Management Rules, 2016 and to ensure that the wastes are disposed within 90 days To transfer effluent from production block to ETP in closed pipelines and ensure that effluent is not transferred in storm water drains M/s. T.M. Abdul Rahman & Sons - „B‟ Unit Unit shall obtain valid Hazardous Waste Authorization Unit shall have separate line for storm water and effluent and ensure that storm water is not mixed with effluent.
Unit shall assess the actual quantity of hazardous waste generated and obtain authorization for actual quantity.
Unit shall maintain proper records of disposal of flesh and hairs.
Unit shall transfer effluent from production block to ETP in closed pipelines and ensure that effluent is not transferred in storm water drains. Glue Industries The inspecting Team 2 has carried out inspection of 22 nos. of Glue industries located in Ranipet Area listed in Table 2 Sl No. 25 to 46. The observation/ recommendation made based on the inspection are as follows;
Ranipet is a predominant place for leather process. Leather cuttings and bones from the tannery's as a solid waste are used as raw material to make animal glue manufacturing.Leather cuttings and bones were dispose for glue manufacturing as further beneficial use.All the glue units have located within the cluster of tanneries and functioning as cottage industries since 1995. Glue units were located 2.5KM from the river palar and same is not attract the G.O. Ms. No. 127 / E & F Dept. E.C - 3 / dated 08.05.1998.
In tannery industries the manufacturing processing of leathers consists of "Raw to Semi- finished leathers", "Semi-finished to finished leather"or Wet blue to finished leathers etc., depends on requirement of leather process purposes required. In tanning process especially, Raw to Semi-finished leather raw hide consists of Head & Tail cutting (scrap) - 10 to 15 % and Salt of 10 to 15%, fleshing Waste -15 %; Wet blue - 60 % and finished leathers - 20 %. The wastages such as head, tail, scrap of leathers, salt, fleshing etc., which comes around 40 % to 45 % of the total raw hides. The fleshing waste of 15 % which contribute major raw material in the Animal Glue manufacturing units so as to produce the Animal Glue and at the same time this percentage of fleshing waste is converted in to a natural environmental friendly product Page 63 of 81 in glue industry and also reduce burden of Management of Solid Waste in the tannery sector at some extent and also it gives job opportunity to the cottage scale industry peoples. In this scenario the glue manufacturing units are plays an important role for reduction and conversion of waste product generated from tannery industries in to usefulness one to the environment.
In Walajapet Taluk, Ranipet district there is a cluster of Animal Glue manufacturing industries with capacity of 30 numbers were being operated in earlier stage at Manthagal village. But at present there are 22 Nos. only remain functioning in that area. The Glue units are manufacturing animal glue from, fleshing, Scraps, heads, legs, etc., the animal leathers hides and the final product is used as "Adhesive" which is natural and free from chemical one. The process of making "Animal Glue" involves is Raw cutting and Drying, Soaking, Washing, Cooking, Moulding, Drying and Packing. The one-day manufacturing of glue from one unit is 100 to 150 kgs./day an average hence the total manufacturing of glue from the cluster units is about 2,000 kg/day to 3,000 kgs. /day in the Manthangal , Ammor road area of Ranipet district. The trade effluent generation is about 1.0 KLD to 1.5 KLD from one unit and the total generation of trade effluent from the cluster of glue industries is around it produces 20 KLD to 25 KLD from soaking process and that contains high TDS value which is to be treated properly but the existing treatment system at present in the all glue industries is provided only Solar Evaporation Pan. Since being the cottage scale industry there is no proper conventional treatment system is available so as to treat the waste water (trade effluent) as per standards. The provision of Solar Evaporation Pan is not adequate and the optimal solution to the treatment of effluent and also it poses the overflow/spillages of effluent from SEP during rainy season and that too creates certain pollution problems in the nearby area during rainy season and correspondingly in rain season, the operation of glue units are almost stopped to avoid such overflow/discharge of effluent from the Solar Evaporation Pan and this non operation of industry which accumulate of fleshing waste within the tannery industries itself.
Common Observation/ Recommendation on the Glue industries The raw leather cuttings of hide are soaked in water for washing. Washed materials with required amount of water fed in the digester and boiled. After 06 to 08 hrs to get extracted glue. The extracted glue with water is then poured into another evaporator plate, so that water gets evaporated and form cake.
All the units have issued the consent of the Tamilnadu Pollution Control Board subject to the following conditions as;
a) The unit shall maintain the solar evaporation pans efficiently without any seepage.
b) The unit shall effective steps to avoid soaking water being discharged outside the premises.
c) All possible measures efforts shall be taken to curtain odour emission from the unit All the unit has provided
a) Impervious yard provided for the drying of raw materials
b) Impervious HDPE lined solar evaporation pans for the disposal of trade effluent as soaking & washing of leather cutting
c) The units have used the country wood as fuel During inspection of the committee following shortcomings were noticed;
Salt residues are found in and around the unit premises due to exposure to sunlight on open soil in the unit. Thus causing pollution to the land and groundwater. No records are being maintained for salt generation & disposal.
The unit has not maintained the solar evaporation pans properly and all solar evaporation pans are in a damaged condition. This causes groundwater pollution.
Page 64 of 81 Leather cutting / glue extracted solid waste is used as fuel for boiling raw materials. Thus creating odour problem in the area.
In view of the above scenario, to run the industry in long term in this cluster it requires at certain environmental safeguard measures, so as to operate the industries continuously and efficiently without affecting the environment etc., So, it is suggested to explore the possibilities of following;
The glue cluster units shall form an Association and work for installation of Common Effluent Treatment Plant (CETP) for treating of trade effluent generated from their glue units so as to achieve ZLD.
Each glue unit shall provide separate Preliminary Treatment System within their unit premises and treated effluent shall be disposed for further treatment to the collection tank provided of M/s MELTEC CETP sector which is located nearby the cluster of glue units and CETP consisting of 12 member units and now it is associated (merged with) M/s RANITEC CETP, V.C Mottr . Krishnagiri by-pass Road, Walajapet Taluk, Ranipet Distrct so as to achieve ZLD.
3. Status of Action Taken against the Violating industries based on the Earlier inspection carried out by the joint committee during December 22 to 24, 2020;
In the earlier inspection of industries by the joint committee, violations were noticed and submitted the report to the Hon‟ble Tribunal. The joint committee report was communicated vide email dated 30.06.2021 to TNPCB. In the meeting officer representing TNPCB informed that "JCEE(M), TNPCB, Vellore has addressed to Corporate office, TNPCB, Guindy, Chennai vide T.O letter Dated 19.04.2021 & 16.11.2021 to issue the show cause notice under section 5 of E(P)A Act to the units as suggested by joint committee to impose Environmental Compensation and the show cause notice to the units in this regard are yet to be issued by the Board".
During the inspection in the Month of December 2021, it was observed that, the industries are not aware of the violations noticed and compensation calculated by the joint committee, since notice to the industriesare yet to be issued by TNPCB.
4. Hon‟ble NGT vide order dated 08.11.2021 also directed the joint committee to submit on "Responsible for the deposit of Chromium and disposal of the same"
M/s TCCL, is a TIDCO joint venture company promoted during 1972 in association with Sh.
K. K. Mohiadeen for implanting the project for the manufacture of Basic Chromium Sulphate. The promoters agreement was terminated due to equity contribution failure. Thereafter, the company was managed by TIDCO through its nominee directors till Jan 1989 except for initial two years period of operation. During 1988, TIDCO disinvested its shareholding in favour of Sh. C. V. Sridhar, who was appointed as CMD of TCC to Sh. Ashok Balasubramanian. The plant was not operated after 1995-96 as TNPCB issued notice to stop production until the solid waste is disposed off. TNPCB in its letter to Industries Department stated that 1.52 lakhs tonnes (out of 2.27 lakhs tonnes of chrome sludge) was generated during 1975 to 1988 when the management was with TIDCO and the balance 0.75 lakhs tonnes was generated during management of Sh. C. V. Sridhar and Sh. Ashok Balasubramaniam. Major 67% of waste generated during TIDCO tenure.
A brief history obtained from SIPCOT, Ranipet about the M/s TCCL ownershipis enclosed as Annexure- 4 Steps that have been taken after their earlier inspection;Page 65 of 81
TNPCB has placed the proposal in their Board meeting held on 30.11.2021 for interim remedial measures of Chrome Waste Contaminated Site at Cost of 12 Crores and got financial approval to carry out the work as per DPR. It is suggested that he expenditure shall be met initially from Environmental Compensation Fund available with TNPCB. Simultaneously TNPCB shall take action to recover the expenditure from TIDCO and other polluter in apportioning the said liability according to the period of working by respective management under Polluter Pay Principle, TNPCB shall engage M/s ERM India Ltd., Bangalore who prepared the DPR for the project to obtain way forward to proceed further for implementation following Government Norms. Moreover, it is suggested in the Board meeting to constitute a joint committee involving reputed agency such as NEERI/IIT/Anna University, CPCB & TNPCB for monitoring, implementation of the project.
Further, TNPCB conducted Technical Expert Committee meeting on 27.12.2021. In the meeting M/s. ERM Limited who prepared DPR for the remediation was requested to prepare Technical BID for floating Tender so as to proceed with the execution of project. But, M/s. ERM Ltd has not accepted for preparation of the said document. So, TNPCB vide letter 04.02.2022 has addressed M/s. Kerala Industrial and Technical Consultancy Organization Ltd (KITCO), Kochi and M/s. Stratus Environmental Inc, Chennai to offer their willingness for preparation of Technical Bid comprises of BOQ-Bill of Quantification & cost estimation as per scheduled rate for floating Tender and obtained the acceptance.
Subsequently, a meeting through Video Conference was conducted on 10.03.2022. After discussion in the meeting, requested the agencies to submit their quote for the above work on or before 31.03.2022. In the meantime, TNPCB addressed a letter to other institution / experts in the field (i.e) NEERI, NPC, IIT, Anna university and Ramky to offer their quotes. After finalizing the agency, they will move forward for preparation of Technical BID for floating Tender to execute the capping work in the dump site of TCCL, Ranipet.
5. Views of the joint Committee;
Suggestions of the joint committee w.r.t Industries;
The Joint Committee, based on the earlier site inspection carried out on December 22 to 24, 2020 made certain recommendations including environmental compensation calculated for the violations of the Hazardous Wastes Rules to the defaulting units which have been submitted vide its report dated 16.04.2021. Thereafter, the Joint Committee again reviewed the compliance status of those recommendations during the present inspection carried out on December 21- 23, 2021 including other such industries as the Hon‟ble NGT has directed "to conduct a further inspection of the units in question which were responsible for causing such pollution in river Palar" as per the Order dated 08-11-2021. The industry-wise non- compliances which have been observed by the Joint Committee are listed in Para No 2.1, 2.2 2.3 & 2.4.
Environmental Compensation: The details of the environmental compensation calculated by the Committee are given below:
Consolidated Table (EC to be paid by the violating industries to CPCB):
S.No. Name of Environmenta
Industry l
Compensatio
n
1 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-I Rs.40,95,000
2 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-3 Rs.93,60,000
3 M/S. Sviss Labss Private Limited Rs.2,65,00,000
Page 66 of 81
4 M/S. Ranipet SIDCO Finished Leathers Effluent Rs.2,25,000
Treatment
Co. Ltd,
5 M/S. SIPCOT - SIDCO Phase II Entrepreneur , Rs.1,68,750
Finished
Leather Effluent Treatment Co. Pvt.Ltd.
6 M/S. Snap Natural And Alginate Products P Lt Rs.10,00,000
7 M/S. Prestige International, Rs.1,00,000
8 M/S. Standard Chemicals And Leathers, Rs.1,18,000
9 M/S. Titan Leather Exports Unit Ii Rs.1,00,000
10 M/S. Pioneer Leder Tex P Ltd Rs.1,00,000
11 M/S. Vinyork Leather Works Rs.1,00,000
12 M/S. Sri Thirumalai Leathers Rs.1,00,000
13 M/S. Mahalakshmi International Rs.1,00,000
14 M/s. ROCA Bathroom Products Pvt. Ltd Rs. 36,00,000
(based on the present site inspection
carried out on23.12.2021for discharge
of effluent & sewage on land)
TNPCB shall be directed to issue notice to the industries for implementation of the recommendations made in the committee report as well as to impose the environmental compensation calculated on the above said 14 industries and same shall be remitted to CPCB.
Suggestions w.r.t Remediation of Chromium Contaminated Site;
Upon the approval of Rs. 12 Crores in the Board Meeting, TNPCB is in process of preparation of Technical documents and Tender document to carry out the interim remediation work of Chromium contaminated site by utilising Environmental Compensation Fund. Meanwhile, TNPCB shall take necessary steps to recover the cost of remediation from the defaulters i.e TIDCO & other promotors of M/s TCCL. TNPCB shall expedite the work and may plan to initiate the interim remediation measures on ground level within three months.
Further, TNPCB shall carry out the remediation of Ground Water by "The pumping and ex-situ treatment (P&T)" as suggested in DPR, for which treatment system shall also be established.
Joint Committee suggested that TNPCB shall take necessary action against the violating industries to the comply the recommendations and expedite the remediation work of Chromium contaminated site."
20. Thereafter, this Tribunal had passed the following order:-
"4. They have only mentioned about the interim remediation measures, for which, the Detailed Project Report (DPR) has been prepared. They have not suggested the final remediation measures. They cannot proceed with the capping of the Chromium waste in affected areas, as capping of even solid waste - legacy waste is not permitted, we do not think that it will be a permissible activity, as Chromium being a hazardous substance and carcinogenic in nature which may have great impact, if it is not removed from the area and that area has been further remediated.
5. So, the Central Pollution Control Board is directed to come with a final remediation measures by which the Chromium contaminated site can be properly remediated and restored to its original position. Other measures that have been provided are only in respect of existing units which are committing violation. This is already an area which has been contaminated by Chromium deposit already which has to be Page 67 of 81 remediated, without which the life of the people cannot be brought to normalcy in that area.
6. The State Pollution Control Board is also directed to file a detailed report regarding the remediation measures taken by them on the basis of the direction given by the Central Pollution Control Board in respect of restoration of Chromium contaminated sites."
21. The matter was taken up on 01.07.2022 and on that date, this Tribunal considered the earlier orders passed on 17.05.2022 and thereafter, passed the following order:-
"9. The case was originally posted to 31.05.2022 for consideration of further report to be filed as directed. On 31.05.2022, the case adjourned by notification to today. After the case was adjourned, the Tamil Nadu Pollution Control Board filed a report signed by the officer on 04.05.2022, e-filed on 09.06.20222. In the report they have only mentioned that they may require huge amount for implementation of the action plan prepared by the committee to remedy the situation and they require Rs. 12 crores for the purpose of capping as a interim measure as approved by the Central Pollution Control Board. Along with Joint Committee report on action plan was also annexed. In the action plan, capping was provided as an interim measure and on site remediation process was provided as the permanent measure. The Ministry of Environment, Forests and Climate Change have also given certain guidelines as to how remediation process of the contaminated site will have to be carried out. That also provides for onsite remediation. Even if the capping is done, they will have to excavate and do the onsite remediation process for permanently resolve the issue and they can carry out the interim measure as mentioned in the action plan and simultaneously they may take steps for onsite remediation as directed in the action plan.
10. The Protection of environment should not be stalled on account of paucity of funds and it is the responsibility of the State Government to raise the source for this purpose and remedy the situation as providing clean air and environment as part of „Right to Life‟ as contemplated under Article 21 of the Constitution of India is the responsibility of the State Department which will have to be implemented through its machineries.
11. Under such circumstances, we direct the Chief Secretary to Government, State of Tamil Nadu to find out the source for raising the fund for this purpose. The Chief Secretary to Government of Tamil Nadu should convene a meeting with the Additional Chief Secretary for Environment, Forests and Climate Change, Additional Chief Secretary to Government for Finance, Additional Chief Secretary to Government for Industries Department and the Chairman, Tamil Nadu Pollution Control Board and the Director of Central Pollution Control Board, Regional Office, Chennai to resolve the issue as to how the funds can be raised for the purpose and to provide the funds for the purpose of carrying out the remediation process which has to be done on war footing basis. It is to be noted that this issue is pending for more than 20 years without taking any steps for remediation of contaminated site which continuously posses danger to the health of the people in that locality and they are directed to come with the solution as to how they are going to implement the action plan in a war footing manner and submit a report to that extent to this Tribunal within a period of 15 days. If no effective solution is coming from the Government, then this Tribunal will be compelled to direct the State Government to invest the amount for remediation and to take steps to collect the amount from the persons who are responsible for the same applying „polluter pays principle‟ as directed by the Hon‟ble Supreme Court in Vellore Citizen Welfare Forum Vs. Union of India and others 1996 (5) SCC 647 and M.C. Metha Vs. Kamal Nath and others 1997 (1) SCC 388."Page 68 of 81
22. Thereafter, the matter has been adjourned from time to time and lastly, it was taken up on 22.08.2022 and on that day, this Tribunal had considered the report in the form of affidavit submitted by the Tamil Nadu Pollution Control Board signed by the officer on 20.08.2022, e-filed on the same date which reads as follows:-
"Affidavit filed on behalf of the Respondent Tamil Nadu Pollution Control Board
1. ... xxx ... xxx ...
3. It is respectfully submitted that, in order to comply the above orders, the TNPCB vide letter dated 15.07.2022 has addressed the Additional Chief Secretary to Government, Environment Climate Change and Forest Department requesting to address a letter to the Chief Secretary to Government of Tamilnadu to convene a meeting with line departments in terms of the said order and to resolve the issue as to how the funds can be raised for the purpose and to provide the funds for the purpose of carrying out the remediation process which has to be done on war footing basis. In this connection, the Additional Chief Secretary to Government ECC&F Department has convened a preliminary meeting with TNPCB on 16.08.2022.
4. It is respectfully submitted that the consultant M/s. ERM India Pvt Ltd has given the following two options for remediation of chromium contaminated site at TCCL, Ranipet.
5. It is respectfully submitted that the dump site exists for past more than 25 years causing wide spread pollution. In order to avoid further contamination, the TNPCB decided to go ahead with the interim measures approved by the CPCB. In this regard, the TNPCB vide B.P.No. 46 dated 09.12.2021 approved the proposal to implement the interim remedial measures at a cost of Rs. 12 crores. The expenditure shall be met initially from 'Environmental Compensation Fund' available with TNPCB and simultaneously TNPCB shall take action to recover the expenditure from polluters under "Polluter Pay Principle'.
The interim remediation measures (Annexure-I) involves capping of existing waste dump site with single liner system with 2mm HDPE liner followed by geo-synthetic membrane and covering with soil to facilitate vegetation area. Providing storm water drainage network to ensure that the rainwater run-off does not enter into the waste from the surrounding area and that the rainwater from the cover area is properly drained into this storm water drain. The slope will be maintained such that under all circumstances the water from the surrounding and the cover area is drained out of the landfill area.
It is respectfully submitted that this interim remedial measure could be an effective temporary arrangement and arrest possible any further damage to the larger extend, till the implementation of full scale remediation measures and identifying the source of funding, to minimize further contamination. This interim measure shall be completed in a period of one year from the date of award of the work order to the contractor.
It is submitted that an estimated period about three months is required to go through statutory process of identifying contractor and award work. Therefore a total time period for completing the interim remediation measures will be one year and three months.
6. It is respectfully submitted that since the full scale remediation measures given by M/s. ERM India Pvt Ltd involves huge Page 69 of 81 funding and it is a long term project, the TNPCB had a meeting on 29.07.2022 with IIT Madras and a Professor from University of Illinois, Chicago who is an expert in the field of hazardous waste dump site remediation. It is submitted that this effort is also taken after taking into consideration of CPCB Joint Committee report already available, in order to modify the same for practical execution purpose and for mobilization of fund without compromising remediation measures.
The Professor has mentioned that quantitative sustainability assessment framework study will help in identifying the sustainable environmental remediation option for a particular site from the available options. In continuation to the meeting, the TNPCB vide letter dated 15.08.2022 (Annexure-II) has addressed the IIT Madras to furnish a proposal for conducting 'Quantitative Sustainability Assessment for Selecting Sustainable Remediation Options'. IIT Madras has agreed to take up the assessment and furnish the report within a period of three months.
It is respectfully submitted that once the Assessment report is received, it will be discussed with the CPCB. After finalization, it will be proceed further for source of funding and implementation.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass orders
(i) To permit the TNPCB along with the other Government Departments to carryout the implementation of interim remediation measures as stated above.
(ii) To permit the TNPCB along with the other Government Departments to continue the finalizing of the proposal for full scale remediation measures in consultation with IIT Madras and approach the Government Departments for funding and such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
23. Heard the learned counsel appearing for the respondents.
24. The learned counsel appearing for the State Departments submitted that they are committed to protect the environment and they will take all necessary steps to remediate the contaminated site and all assistance will be given to the regulators in this regard.
25. The learned counsel appearing for the Central Pollution Control Board submitted that it is for the State Government to take necessary action for implementation of the action plan provided. The learned counsel further submitted that the Joint Committee appointed by the Principal Bench of National Green Tribunal, New Delhi in respect of Chromium contaminated site in India, after evaluating the situation submitted the report and on that basis, certain directions were given and the MoEF&CC, Government of India had initiated the project on remediation of hazardous waste contaminated areas in the country (8 sites) with CPCB, New Delhi as an executing agency under the National Clean Energy Fund during 2011 which includes Chromium contaminated area viz., TCCL, Ranipet. They have prepared an action plan and suggested both long-term and short-term measures Page 70 of 81 to be carried out for remedying the situation and they are now prepared to undertake the temporary measures provided, so that further contamination can be arrested by doing capping as provided in the DPR.
26. The learned counsel appearing for the State Pollution Control Board submitted that they are conducting further study with IIT Madras to ascertain as to whether the cost of the permanent measure suggested can be reduced by adopting any alternate method and thereafter, they will carry out the permanent measure as well and it will take some time. But in the meantime, they have decided to carry out the temporary measures of capping the area to arrest the further pollution.
27. We have considered the reports and submissions made by the learned counsel appearing for the respondents.
28. It is an admitted fact that the Ranipet area has been critically contaminated with Chromium deposit due to industrial effluent that has been discharged in Ranipet District due to certain negligent activities of the industries and tanneries which were discharging their trade effluents without proper treatment and this lead to a Public Interest Litigation before the Hon'ble Supreme Court viz., Vellore Citizens' Welfare Forum Vs. Union of India & Ors. 3 and the Hon'ble Apex Court had appointed a Joint Expert Committee to inspect the area in question and submit a report and on the basis of the report submitted by the Committee and also the various reports submitted by the Expert Committee, including the NEERI and the CPCB, the Hon'ble Apex Court had issued the following directions:-
"25. Keeping in view the scenario discussed by us in this judgment, we order and direct as under:-
1. The Central Government shall constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to deal with the situation created by the tanneries and other polluting industries in the State of Tamil Nadu. The Authority shall be headed by a retired judge of the High Court and it may have other members- preferably with expertise in the field of pollution control and environment protection- to be appointed by the Central Government. The Central Government shall confer on the said authority the powers to issue directions under Section 5 of the Environment Act and for taking measures with respect to the matters referred to in Clause (v), (vi) (vii) (viii) (ix) (x) and (xii) of Sub-
Section (2) of Section 3. The Central Government shall constitute the authority before September 30, 1996.
3(1996) 5 SCC 647 Page 71 of 81
2. The authority so constituted by the Central Government shall implement the "precautionary principle" and the "polluter pays"
principle. The authority shall, with the help of expert opinion and after giving opportunity to the concerned polluters assess the loss to the ecology/environment in the affected areas and shall also identify the individuals/families who have suffered because of the pollution and shall assess the compensation to be paid to the said individuals/families. The authority shall further determine the compensation to be recovered from the polluters as cost of reversing the damaged environment. The authority shall lay down just and fair procedure for completing the exercise.
3. The authority shall compute the compensation under two heads namely, for reversing the ecology and for payment to individuals. A statement showing the total amount to be recovered, the names of the polluters from who the amount is to be recovered, the amount to be recovered from each polluter, the persons to who the compensation is to be paid and the amount payable to each of them shall be forwarded to the Collector/District Magistrates of the area concerned. The Collector/District magistrate shall recover the amount from the polluters, if necessary, as arrears of land revenue. He shall disburse the compensation awarded by the authority to be affected persons/families.
4. The authority shall direct the closure of the industry owned/managed by a polluter in case he evades or refuses to pay the compensation awarded against him. This shall be in addition to the recovery from his as arrears of land revenue.
5. An industry may have set up the necessary pollution control device at present but it shall be liable to pay for the past pollution generated by the said industry which has resulted in the environmental degradation and suffering to the residents of the area.
6. We impose pollution fine of Rs. 10,000/- each on all the tanneries in the districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M.G.R. The fine shall be paid before October 31, 1996 in the office of the Collector/District Magistrate concerned. We direct the Collectors/District Magistrates of these districts to recover the fines from the tanneries. The money shall be deposited, along with the compensation amount recovered from the polluters, under a separate head called "Environment protection Fund"
and shall be utilised for compensating the affected persons as identified by the authorities and also for restoring the damaged environment. The pollution fine is liable to the recovered as arrears of land revenue. The tanneries which fail to deposit the amount by October 31, 1996 shall be closed forthwith and shall also be liable under the Contempt of Courts Act.
7. The authority, in consultation with expert bodies like NEERI, Central Board, Board shall frame scheme/schemes for reversing the damage caused to the ecology and environment by pollution in the State of Tamil Nadu. The scheme/schemes so framed shall be executed by the State Government under the supervision of the Central Government. The expenditure shall be met from the "Environment protection fund" and from other sources provided by the state Government and the Central Government.
8. We suspend the closure orders in respect of all the tanneries in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M.G.R. We direct all the tanneries in the above five districts to set up CETPs or Individual Pollution control Devices on or before November 30, 1996. Those connected with CETPs shall have to install in addition the primary devices in the tanneries. All the tanneries in the above five districts shall obtain the consent of the Board to function and operate with effect from December 15, 1996. The tanneries who are refused consent or who fail to obtain the consent of the Board by December 15, 1996 shall be closed forthwith.
9. We direct the Superintendent of Police and the Collector/district Magistrate/Deputy Commissioner of the district concerned to close all those tanneries with immediate effect who fail to obtain the consent from the Board by the said date. Such tanneries shall not be reopened unless the authority permits them to do so. It would be open to the authority to close such tanneries permanently or to direct their relocation.
10. The Government Order No. 213 dated March 30, 1989 shall be enforced forthwith. No. new industry listed in Annexure-I to the Notification shall be permitted to be set up within the prohibited area.
Page 72 of 81The authority shall review the case of all the industries which are already operating in the prohibited area and it would be open to authority to direct the relocation of any of such industries.
11. The standards stipulated by the Board regarding total dissolved solids (TDS) and approved by the NEERI shall be operative. All the tanneries and other industries in the State of Tamil Nadu shall comply with the said standards. The quality of ambient waters has to be maintained through the standards stipulated by the Board."
29. Thereafter, the Hon'ble Apex Court directed the Hon'ble High Court of Madras to constitute a Special Bench (Green Bench) to deal with this case and pass appropriate orders.
30. While dealing with the question regarding the contaminated site, the remedial action to be taken in O.A. No.804 of 2017 (Rajiv Narayan & Anr. Vs. Union of India & Ors.), by Order dated 26.08.2019, the Principal Bench of National Green Tribunal, New Delhi had passed the following directions: -
"V. Consideration by this Tribunal and Directions
17. We have given due consideration to the report of the Committee as well as the report of the CPCB on the follow up action. We do not see any objection to the recommendations being accepted. No objection has been raised by any of the parties. Accordingly, the recommendations are accepted.
18. The States/UTs, CPCB/SPCBs/PCCs, Central Board of Indirect Taxes and Customs (CBIC), the Port Authorities, the DGFT, the MoEF&CC, the Ministry of Shipping, Ministry of Labour and Employment and the Department of Labour of all the concerned States/UTs may take necessary steps in terms of the recommendations of the Committee within the timelines specified. If there is any default, the Tribunal may consider requiring environmental compensation to be paid by the defaulting parties.
19. Hazardous waste being highly toxic in nature, having potential for irreversible damage to the environment and public safety, scientific handling of such waste has to be ensured.
VI. Directions
20. In the light of above, the States/UTs, CPCB/SPCBs/PCCs, the Central Board of Indirect Taxes and Customs (CBIC), the Port Authorities, the DGFT, the MoEF&CC, the Ministry of Shipping, Ministry of Labour and Employment and the Department of Labour of all the concerned States/UTs may take necessary steps in terms of the recommendations of the Committee within the timelines specified. If there is any default, the Tribunal may consider requiring environmental compensation to be paid by the defaulting parties. While doing so following specific steps may be ensured:
i. Hazardous waste inventory be updated and verified by way of test checks to ensure that the same is credible, reliable and robust in terms of contents and scope, as already recommended in the interim report of the Monitoring Committee dated 29.01.2019 which was accepted by the Tribunal on 12.04.2019.
ii. Since it has been reported that State Boards/PCCs of Dadra & Nagar Haveli, Haryana, Daman & Diu, Manipur, Lakshadweep and Nagaland have not furnished the relevant data, the said States/UTs may furnish the data within one month to the CPCB, failing which they will be liable to pay a sum of Rs, 1 lakh per month with effect from 01.10.2019.
iii. As already directed, all the States which have not set up TSDF may do so and the States which fail to set up the same up to 31.03.2020, will be liable to pay environmental compensation of Rs. 10 lakh per month. However, with regard to States which may be categorized as small States, having regard to the quantum and nature of generation of hazardous waste, the liability to pay compensation will start from 01.01.2021. The categorization based on threshold limit of Page 73 of 81 generation of hazardous waste be made by the CPCB within one month from today and placed on its website.
iv. 126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later 35 than one year and thereafter remediation may be done as per the timelines in the DPRs.
v. Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.
vi. With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.
vii. The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned.
viii. Whenever any difficulty arises, the CPCB may, on being so satisfied, allocate funds from environment funds available with it, which may thereafter be recovered from the concerned defaulters.
ix. The recommendations of the CPCB with regard to the compensation regime on the subject may be adopted, subject to further consideration of orders.
x. The CPCB may oversee the compliance of these directions compile data from all quarters and furnish an interim compliance report before 15.04.2020 by email at [email protected].
List for further consideration on 28.04.2020."
31. Thereafter, the matter was again considered by the Principal Bench on 01.07.2020 and vide Order dated 07.07.2020, after reiterating the various reports of the CPCB in respect of several Chromium contaminated site and considered the recommendations of the CPCB and then, disposed of the matter with the following directions:-
"14. We direct CPCB to take further steps for compliance by issuing appropriate directions and also to enforce its directions for recovery of compensation for the continuing damage to the environment on „Polluter 21 Pays‟ principle. CPCB and PCBs/PCCs may not permit any new industry having potential to generate hazardous waste till facilities for disposal of such waste are ensured. Apart from this, following specific directions may be complied with:
i. CPCB may set up a system to cross verify the status of hazardous waste generating industries (at least 10% in each State) and also direct SPCBs/PCCs to impose environmental compensation against delinquent industries.
ii. Regarding remediation of contaminated sites, immediately 5 sites should be taken for remediation and executed within a period of six months. Environmental damages caused by such sites and loss in terms of monetary resources may also be estimated.
15. We direct all the States/UTs and PCBs/PCCs to comply with observations and recommendations in the report and furnish their compliance reports by 31.10.2020 to the CPCB. The Chief Secretaries of the States at the State level and the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the CPCB at the national level may monitor compliance. At the national level, coordination with Central Ministries may be involved which MoEF&CC may look into followed up by the CPCB. Further action taken report in the matter be furnished by CPCB after four months by 30.11.2020 by e-mail at [email protected] Page 74 of 81 preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List for further consideration on 08.12.2020."
32. Similar issue was considered by the Principal Bench in O.A. No.985 of 2019 (In Re: Water Pollution by Tanneries at Jajmau, Kanpur, Uttar Pradesh) and O.A. No.986 of 2019 (In Re: Water Pollution at Rania, Kanpur Dehta & Rakhi Mandi, Kanpur Nagar, Uttar Padesh) and after considering the status report of the CPCB extracted in Para (2) of the order, directed the Chief Secretary, Uttar Pradesh to look into the issue and constituted a committee headed by Hon'ble Mr. Justice SVS Rathore, Former Judge of Hon'ble High Court of Allahabad to oversee the compliance of directions. Thereafter, the above matters were taken up on 08.02.2021 and 16.11.2021 and by order dated 23.11.2021, the Principal Bench had appointed a Joint Committee to go into the question and posted the cases along with another case viz., Appeal No.14 of 2020 (Chandni Chemicals Private Limited Vs. Uttar Pradesh Pollution Control Board) and connected matters for consideration and that cases are pending.
33. It is seen from the various reports submitted by the committee and the regulators that the presence of Chromium deposit was on account of operation of certain units which existed in that area which has resulted in serious contamination of soil as well as water in that area. Further, there was a direction for giving potable water to the residents of Ranipet by the State Government, till the situation is improved in that area. From 1996 onwards, in spite of various directions issued by the Hon'ble High Court of Madras and the National Green Tribunal dealing with Chromium contaminated sites in the country, the effective implementation of those directions to provide way forward to remediate the situation has not taken place on ground level in an effective manner.
34. Even from the report submitted by the Pollution Control Board considering the amount involved in carrying out the DPR for the purpose of implementation of the action plan, they were identifying the source for raising the funds for this purpose, except that no effective steps have been taken by the State Government or by the regulators, including the CPCB for remedying the situation permanently so as to protect the interest of the people in that area.
Page 75 of 8135. Providing clean environment includes providing clean water and air and this was treated as part of Right to Life guaranteed under Article 21 of the Constitution of India and providing this is the primary responsibility of the State.
36. It is true that environmental compensation has to be assessed and that will have to be realized from the polluters for the purpose of undertaking the remediation process applying the 'Polluter Pays' principle as has been observed by the Hon'ble Apex Court in Vellore Citizens' Welfare Forum Vs Union of India & Ors.4 But it is seen from the report that most of the industries which were in existence and primarily responsible for causing such pollution were either closed or sold the industries and left the place and some of the industries are still in existence and as per the directions of the Hon'ble Apex Court in Vellore Citizen‟s case (supra), action for closure was taken and reopening of the industries were permitted only after complying with the directions issued by the Hon'ble Apex Court in the case mentioned above and strict monitoring of these industries is being undertaken by the Pollution Control Board. But that alone will not be sufficient for the purpose of protecting the interest of the people who are likely to be affected on health issues due to the contaminated site which admittedly is a proven fact that Chromium contaminated site will result in damage to both the soil and water and its contents are carcinogenic in nature which will cause cancer to the people who are drinking such water. Protecting the health aspect is also a primary responsibility of the State and they cannot shirk their responsibility of carrying out such activities which are required for the purpose of protecting the interest of the people viz., the health issues for want of funds. It is for them to find out the source, for such activities and they should not delay the implementation of the action plan for carrying out the remediation process of Chromium contaminated site in Ranipet. Long ago, an action plan has been prepared for remedying the situation involving the expert bodies like NEERI, CPCB and MoEF&CC, including the IIT Madras and even today, it is only in the stage of preparation of DPR and it is not known as to how long it will take for preparation of the action plan on the basis of the DPR and implementing the same.
4(1996) 5 SCC 647 Page 76 of 81
37. It is seen from the action plan that there was a recommendation for conducting temporary measure by providing capping, for which, they estimated an amount of Rs.15 Crores and for permanent measures by taking in-situ remediation, as transport of hazardous substance for treatment will be a difficult one considering the nature of contamination and the quantity involved and they suggested for in- situ remediation by providing certain methodology for carrying out the same as well, for which, they estimated a cost of around Rs.500 Crores.
38. As directed by this Tribunal, a Committee was constituted by the Chief Secretary to Government including the Secretary for Finance, Industries and Chairman - Pollution Control Board and it was seen from the latest report submitted by the Tamil Nadu Pollution Control Board that they in-principle agreed to carry out the temporary measure of capping by spending the amount required for that purpose and undertake the permanent measures of remediation after consultation with the IIT Madras to find out the way to reduce the cost for carrying out the remediation and if it is not feasible, then they will proceed with the remediation process. They have also undertaken that they will start the interim measures within a period of three months and complete the same within one year from the date of award of the work to the contractor/executing agency and they will carry out the permanent measures in consultation with the IIT Madras and approach the Government for funding and they wanted the permission of this Tribunal to implement the interim measure first.
39. It is high time for the Chief Secretary to Government, State of Tamil Nadu in consultation with the Additional Chief Secretary for Finance and Industries Department to find out the source to raise funds for carrying out the final remediation process and they cannot postpone the remediation process for realization of the amount from the polluters applying the 'Polluter Pays' principle and they can resort to that method of recovery at a later stage in accordance with law, but they will have to take immediate steps on war footing basis to implement the final remediation plan that has been provided by the Expert Committee, for which, the DPR has been suggested to be prepared. They cannot shirk from their responsibility of providing funds and postpone the same for a longer period as well.
Page 77 of 8140. Further, it is not possible for the Tribunal to monitor these things in a perpetual manner. It is for the regulators and the Stakeholder Departments, including the Secretary level officials to take primary responsibility of protecting the environment and providing clean environment as part of right to life to the people and take pro-active steps to implement the remediation process at the earliest possible time so as to save the life of the people who are suffering with such contamination for the last so many years atleast since 1996, when it was identified and directions had been issued by the Hon'ble Apex Court to take remedial measures for restoration of the damage caused to the environment by carrying out the remediation process of the contaminated site in Ranipet by taking steps by the State Government.
41. In view of the observations made above, we feel that the application can be disposed of by giving certain directions to the official respondents to implement the same in its letter and spirit.
42. So, the Original Application is disposed of with the following directions:-
(i) The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of a. Additional Chief Secretary to Government, Department of Environment, Climate Change and Forest as Chairman and;
b. Additional Chief Secretary to Government,
Department of Finance;
c. Additional Chief Secretary to Government,
Department of Industries;
d. Chairman - Tamil Nadu Pollution Control and
e. Senior Officer from the Central Pollution Control Board (CPCB) as nominated by the CPCB either New Delhi or Regional Office, Chennai as members for the purpose of monitoring the implementation of the action plan prepared for carrying out the remediation process suggested to resolve the issue of Chromium Page 78 of 81 contaminated site at Ranipet and provide necessary funds for carrying out the work by the regulators in an effective manner with short span of time.
(ii) The Chief Secretary to Government, State of Tamil Nadu is also directed to look into the issue personally and take steps to complete the process of preparation of DPR in consultation with the IIT Madras at the earliest, at any rate within a period of 6 (Six) months and thereafter, take steps to issue tender and entrust the work for permanent remediation and start the work within a further period of 6 (Six) months from the finalization of DPR.
(iii) The Tamil Nadu Pollution Control Board is permitted to carry out the interim measure of capping, for which, necessary funds will have to be provided by the State Government and that must be started within a period of three months from the date of order and that must be completed within a period of one year as undertaken by them.
(iv) The implementation of the remediation process both short-term and long-term has to be monitored by the CPCB and the SPCB and if there is any further study required, then they are directed to suggest the same and the expenses for conducting the study has to be met by the State Government initially and after completion of the process, they can take steps to recover the amount from the persons/industries who were responsible for such contamination applying the 'Polluter Pays' principle as directed by the Hon'ble Apex Court in Vellore Citizens Welfare Forum Vs Union of India & Ors.5
(v) After completion of the remediation process, the CPCB in consultation with the NEERI is directed to conduct a study as to whether the remediation process is complete and the issue is resolved permanently and if any further 5 (1996) 5 SCC 647 Page 79 of 81 steps will have to be taken on the basis of the study, then the same also will have to be carried out under the supervision of the SPCB and CPCB and necessary funds will have to be provided by the State Government for this purpose also initially and they are at liberty to take steps to recover that amount also from the persons/industries who were responsible for causing such contamination by applying the 'Polluter Pays' principle as mentioned above.
(vi) The collection of amount from the polluters will not stand in the way of State Government from investing the amount initially so as to enable the regulators to carry out the remediation process through the executing agency to whom the work is going to be entrusted and that should not be stalled on account of want of funds.
It should be noted that any delay will only aggravate the situation further in that area.
(vii) Till the entire remediation process is completed, the State Government is also directed to conduct a health study in that area by constituting a committee in consultation with the Chairman - Tamil Nadu Pollution Control Board and Director - Regional Office, CPCB, Chennai and provide necessary infrastructure including potable water to the residents of that area and medical facilities using the CSR funds of the industries that are functioning or state funds and ensure that the health of the people in that area is protected and also carry out the infrastructure facilities which are likely to be suggested by the Committee based on the health study to be conducted in that area and this will have to be carried out by the State of Tamil Nadu at the earliest possible time at any rate within a period of six months from the date of receipt of this order.
(viii) The Additional Chief Secretary to Government, Department of Environment, Climate Change and Forest is directed to file periodical report regarding the progress of the remediation process both temporary and Page 80 of 81 permanent measures once in 6 (Six) months before this Tribunal.
(ix) The Registry is directed to communicate this order to the District Collector - Ranipet District, Chairman - Tamil Nadu Pollution Control, Central Pollution Control Board (CPCB) - New Delhi as well as Regional Office, Chennai, Additional Chief Secretary to Government - Department of Environment, Climate Change and Forest, Additional Chief Secretary to Government - Department of Finance, Additional Chief Secretary to Government - Department of Industries and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
(x) As and when the report is filed, the Registry is directed to place the same before the Bench for consideration and also for issuing further directions (if any) required in this regard.
43. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.186/2020 (SZ) 02nd September, 2022. Mn.
Page 81 of 81