National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector District ... on 17 November, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 06 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Malayala Manorama, Malayalam News Daily
Dt. 09.01.2020, "Plastic Waste Storage Facility of
Chalakudy Municipality destroyed in fire"
...Applicant(s)
Versus
1) The District Collector,
District Collector Officer,
Civil Station, Ayyanthole,
Thrissur - 680 003.
2) Kerala State Pollution Control Board
Represented by its Chairman,
Head Office, Pattom P.O.,
Thiruvananthapuram - 695 004.
3) The Municipal Secretary,
Chalakudy Municipality,
Chalakudy P.O.,
Thrissur - 680 307.
4) The Environmental Engineer,
Kerala State Pollution Control Board,
Building No.27/166/13 (Behind Big Bazar)
Kovilakathumpadam,
Chembukkavu, Thrissur - 680 005.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. S. Ambedkar represented
Mr. E.K. Kumaresan for R1.
Mrs. V.K. Rema Smrithi for R2, R4.
Mr. M.P. Ashok Kumar for R3.
Date of Judgment: 17th November, 2021.
Page 1 of 32
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
JUDGMENT
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Malayala Manorama Daily dated 09.01.2020, under the caption "ചാലക്കുടി നഗരസഭ പ്ലാസ്റ്റിക് മാലിനയ സംഭരണ കേന്ദ്രം േത്തി" (Fire incident occurred in Plastic Waste Storage facility of Chalakudy Municipality).
2. It was alleged in the newspaper report that incident occurred at 02:30 P.M. on 08.01.2020 due to fire, thereby causing damage to the unit as well as the garbage dump which has been destroyed by fire. It was also alleged in the newspaper report that the fire accident was due to some short circuit, but it is not known as to whether the unit is complying with all the pollution norms and also having the necessary consent and other authorisation for running such unit and whether they are following the procedure provided under the Plastic Waste Management Rule, 2016 and whether on account of the fire accident, any damage has been caused to environment and what are all the steps taken by them (especially to control air pollution) to abate the same.
3. So, this Tribunal had directed the Kerala State Pollution Control Board to file a status report regarding the same and posted the case to 28.02.2020 for that purpose. On 28.02.2020, this Tribunal had considered the report submitted by the Kerala State Pollution Control Board dated 22.02.2020 and received on 26.02.2020 which was extracted in Para 2 of the order reads as follows:-
"Report filed by the Environmental Engineer, Kerala State Pollution Control Board, District Office, Thrissur/4th Respondent Page 2 of 32 It is respectfully submitted that Chalakudi Municipality covers an area to the extent of 25.53 sq.km with population of 49481. There are 36 wards in the Municipality. As per the annual report submitted by the Municipality under the Solid Waste Management Rules, 2016 for the year 2019, the estimated quantity of solid waste generated is 15t/d. The Municipality has not arranged door to door collection of biodegradable waste from residences. Biodegradable waste is collected only from public places, fruits & vegetable markets and commercial institutions. The quantity of segregated biodegradable waste collected per day is 2t/d. The collected waste is processed by windrow composting and vermin composting.
The Municipality has arranged door to door collection of plastic wastes from households, commercial establishments & institutions. As per the annual report for the year 2019, the average quantity of plastic waste collected is 15t/year. The collected plastic waste from houses and establishments is sent to MRFs. These are two MRFs in the Municipality, one at the old potteries compound at Chalakudy and the other at Potta. The waste is disposed through Clean Kerala Company Ltd., which was constituted under LSGD, Govt. of Kerala. The MRF centre at Potta has facility for segregation, storage, shredding and baling of plastic waste collected. At the other centre, the collected plastic waste is stored. The shredded plastic waste is given to the local bodies for road tarring by Clean Kerala Company Ltd.
It is respectfully submitted that the fire incident occurred in the MRF at Potta on 8.1.2020. The site was inspected by the Board officers on 18.1.2020. There are no residences or any other establishments located within 100m radius of the facility. Hence the chances of the emission affecting the nearby residents is less. It was reported that at the time of fire hazard, about 2 tonnes of shredded plastic waste was stored in the centre. Collected plastic wastes before shredding was also reported to be stored. It was reported that the delay in transferring the waste from the facility by the Clean Kerala Company resulted in the accumulation of such huge amount of plastics waste to that centre. The whole waste stored in the facility was burnt away during the incident. The local police has enquired and registered a case in this matter. It was informed during enquiry that the fire broke out due to short circuit. The residue has not been removed from the site. The municipal authorities have been directed by the Board to dispose of the residue left over from the fire to the Common Treatment Storage and Disposal Facility of KEIL at Ernakulam. At present the plastic waste collected by the Municipality is segregated and stored in a temporary facility at Koratty.
As per Rule 15(y) of the Solid Waste Management Rules, 2016, all local bodies generating more than 5 metric tone/day of solid waste has to obtain authorization of the State Board for setting up of waste processing treatment or disposal facility. Accordingly, Chalakudi Municipality has submitted application for authorization and the same is under processing. Considering the Page 3 of 32 population of the Municipality, the solid waste generated per day comes to 21 t/d and the corresponding plastic waste comes to 2 t/d. The discrepancy in the quantity with respect to the annual report submitted by Municipality is being evaluated and Environmental Compensation for not managing the plastic waste has to be levied from the municipality which lead to the fire breakout.
It is respectfully submitted that the Board shall take urgent follow up action to rectify the lapses on the part of the Municipality and to levy Environmental Compensation. Kindly grant one month time for completing the procedures.
Dated this the 22nd day of February, 2020."
4. Thereafter, this Tribunal had passed the following order:-
"In the report they have mentioned that there are some discrepancies in the quantum in respect of the annual report submitted by the Municipality. The Municipality is not having the necessary „authorization‟ under Rule 15(y) of the Solid Waste Management Rules, 2016 and when this was pointed out, the Municipality has said that they will be taking steps for that purpose. It is also mentioned that they will be taking action for rectifying the lapse on the part of the Municipality and also for environmental compensation and sought for one month time. Time is granted. Kerala State Pollution Control Board is directed to file further action taken report, as requested in the report."
5. The case was posted to 01.04.2020 for filing further action taken report.
Thereafter, the matter has been adjourned from time to time by notification.
Again, it was taken up on 27.07.2020, this Tribunal had considered the further report submitted by the Kerala State Pollution Control Board dated 24.07.2020 and received on 04.08.2020 which was extracted in Para 5 of the order reads as follows:-
"Report filed by the Environmental Engineer, Kerala State Pollution Control Board, District Office, Thrissur/4th Respondent
1. It is respectfully submitted that the 4th respondent is representing the 2nd respondent also in this application.
2. The Hon‟ble NGT vide order dated 28.02.2020 in this OA had directed to take urgent follow up action to rectify the lapses on the part of the municipality and to levy Environmental Compensation.
3. It is respectfully submitted that the Chalakudy Municipality has submitted application for authorisation under Solid Waste Management Rules, Page 4 of 32 2016. The verification report was sent to the Regional Office, Ernakulam and the application is under processing.
4. It is submitted that the total municipal solid waste generation of the municipality is 19.81 tpd, out of which 10.1 tpd (51%) is biodegradable waste & 4.75 tpd is non biodegradable waste. The quantity of recyclable waste is 4.94 tpd, out of which 1.58 tpd is E-waste. The municipality has provided arrangements for 100% door to door collection for non biodegradable waste. Material collection facility (MCF) of sufficient capacity is provided for non- biodegradable waste. The fire accident was occurred in the Material recovery facility (MRF) where the collected plastic waste were segregated, shredded and baled. At present, there is no Material Recovery Facility (MRF). After shredding and baling the municipality used to hand over the waste to Clean Kerala Company Ltd., which was constituted under LSGD, Govt. of Kerala for final disposal.
5. It is submitted that the quantity of biodegradable waste is 10.1 tpd. Centralised facility is provided for 3.7 tpd biodegradable waste. The remaining 6.42 tpd is treated in a decentralized manner in 7328 households with biogas plants and pipe, ring, pit compost. The municipality has been given direction from the office of this respondent to upload the details of decentralised facility in the Enviclean app, a mobile application for surveying the solid waste treatment facilities with a specific objective of updating the GIS database. Verification of the decentralised facility will be done on random basis from this office after the municipality completes the survey.
6. It is also respectfully submitted that action has already been initiated to assess the Environmental damage due to fire accident, and Environmental compensation for the improper management of solid waste by Chalakudy Municipality but could not complete the procedure from the Head Office of the Board owing to the present situation and lock down due to Covid-19. Kindly grant two more months to complete the procedure.
7. It is submitted that direction had been issued to Chalakudy Municipality to report the alternative arrangement provided in the wake of the fire accident occurred in the MRF and also to dispose the residue left after the fire accident, through Common Treatment Storage and Disposal Facility (CTSDF) owned by Kerala Enviro Infrastructure Ltd. (KEIL), a public limited Company functioning at the industrial hub of Ambalamedu at Ernakulam.
8. It is respectfully submitted that Chalakudy Municipality has submitted report regarding the disposal of the residue and alternative arrangement for MRF. Copy of the same is produced herewith and marked as Annexure R4 (a). As per the report they are proposing to send the residue for co-incineration in a cement plant and a shed to carry out the shredding and Page 5 of 32 baling activity will be restored soon once the present situation due to Covid- 19improves.
Dated this the 24th day of July, 2020."
6. Thereafter, this Tribunal had passed the following order:-
"6. Learned counsel appearing for Kerala State Pollution Control Board wanted two months time to submit the report in respect of assessment of environmental compensation and damage to environment and the present pandemic situation is shown as the reason for the same.
7. Considering the circumstances, we feel it appropriate to grant time till 20.10.2020 to submit the report to this Tribunal by e-filing at [email protected].
8. District Collector (District Magistrate), Thrissur is also directed to submit a report independently regarding the steps taken by him, as contemplated under Rule 12 of Solid Waste Management Rules, 2016 before the next hearing date.
9. Registry is directed to communicate the present order along with the earlier orders passed by this tribunal to the District Collector immediately by e- mail so as to enable the Collector to comply with the direction."
7. The case was posted to 20.10.2020 for consideration of further report in this regard. Again, it was taken up on 10.11.2020 and this Tribunal had considered the report submitted by the Kerala State Pollution Control Board dated 03.11.2020 and received on 09.11.2020 which was extracted in Para 3 of the order reads as follows:-
"1. It is respectfully submitted that the 4th respondent is representing the 2nd respondent also in this application.
2. The Hon‟ble NGT vide order dated 27.07.2020 in this OA had directed this respondent to submit report in respect of the assessment of environmental compensation and damage to environment.
3. It is respectfully submitted that in compliance with the order of the Honourable NGT, Board Chairman conducted a video conference on 09/09/2020 for ascertaining the progress achieved in the Solid waste management Rules, 2016 by the Chalakudy Municipality. Joint Director, Urban affairs Directorate, Secretary, Chalakudy Municipality, Health Supervisor, Chalakudy Municipality, Chief Environmental Engineer, Regional Office, Ernakulum and Page 6 of 32 Environmental Engineer, District Office, Thrissur attended the video conference. Copy of the minutes is produced here with and marked as Annexure R4 (a). In the video conference the Municipality had been directed to submit (i) the details called for with respect to the authorisation application on or before 6.10.2020 (ii) action taken report and time bound action plan for the treatment and disposal of biodegradable and non biodegradable wastes from both households and establishments incorporating quantity and mode of disposal of non-recyclable waste, quantity of e-waste, plastic waste given to registered recyclers/scrap collectors, and decentralised units for biodegradable wastes on or before 9.10.2020 (iii) action taken report regarding the removal of legacy waste in detail on or before 9.10.2020 and (iv) to upload the details of centralised and decentralised facility in the Enviclean app, immediately.
4. It is further submitted that subsequent to the video conference municipal authorities submitted the clarifications called for. Copy of the same is produced herewith and marked as Annexure R4 (b). The clarifications are not satisfactory. The documents and details regarding decentralized facility have not been submitted and the same are not uploaded in the Enviclean App as claimed in the letter.
5. It is submitted that action has already been initiated for assessing the environmental damage and a committee was constituted for the assessment of the damage, vide proceedings no. PCB/HO/SEE2/Chalakudy municipality/2020 dated 7.10.2020 of the Chairman. Copy of the proceedings is produced herewith and marked as Annexure R4 (c).
6. It is submitted that Environmental compensation is estimated based on the sum of capital cost, operational cost and environmental externalities. But the minimum capital cost and operational cost are not prescribed for class II cities and below. Hence a request was sent to CPCB to issue guidelines to estimate capital/operational cost component for cities other than class II and below. Copy of the letter is produced herewith and marked as Annexure R4 (d).
7. However to avoid indefinite delay Environmental compensation was calculated as per existing the guidelines of class II and Notice under section 5 of the Environment Protection Act, 1986 was issued on 02.11.2020. Copy of the same is produced herewith and marked as Annexure R4 (e).
Dated this the 3rd day of November, 2020."
8. It was also mentioned in the report that the Kerala State Pollution Control Board had issued show cause notice to the Chalakudy Municipality, asking to show cause as to why environmental compensation of Rs.276.63 Lakhs should Page 7 of 32 not be imposed for the violation committed for the period from 09.04.2019 to 31.10.2020 regarding non-compliance of the Solid Waste Management Rules, 2016.
9. Thereafter, this Tribunal had considered the report submitted by the District Collector, Thrissur dated 18.10.2020 and received on 20.10.2020 which was extracted in Para 5 of the order reads as follows:-
"Report submitted by the District Collector, Thrissur before the Hon'ble National Green Tribunal, Southern Zone, Chennai as per the directions of the order O.A. No. 06 of 2020 dated 27.07.2020.
As per the above order the Hon‟ble National Green Tribunal had directed the District Collector, Thrissur to submit a report independently regarding the steps taken from any part as Rule 12 of Solid Waste Management Rules, 2016.
A fire accident was occurred at Plastic waste storage - Resource Recovery Facility Centre (RRF) at Chalakudy Municipality on 08.01.2020, which is situated near National Highway at Potta, near Municipal Crematorium. The District Fire Officer, Fire & Rescue Services, Thrissur has reported that their team rushed to the place as soon as they received information and put out the fire. It is also reported that there was no fire safety system provided at the site. During the fire accident, 2 tonnes of shredded plastic waste and unaccounted raw plastic were reported to be under storage in the centre and the whole waste stored in the facility centre was burnt during the incident including the machineries.
The Environmental Engineer, has reported that action has already been initiated by the Pollution Control Board to assess the Environmental damage due to the fire accident and environmental compensation for the improper management of solid waste. Pollution Control Board has given direction to the Chalakudy Municipality to dispose of the residue left after burning, in accordance with the rules. As the Clean Kerala Company has temporarily stopped collecting the non biodegradable waste, the municipality has entered into an agreement with a firm namely, "Ecogreen‟ as a temporary arrangement and reported that the waste has been completely removed from the site. At present non biodegradable waste is being collected temporarily at the MCF near ITI, Chalakudy. The Municipality has sought the services of the Clean Kerala Company for the repair of the burnt damaged machineries and steps have been taken to complete it urgently.
Chalakudy Municipality has submitted application for authorization under Solid Waste Management Rules, 2016 on 20.02.2020 before the Pollution Control Board the application is under processing. Pollution Control Board has Page 8 of 32 sought additional information regarding the plan and have agreed to visit the place once the details are received.
The District Coordinator Suchitwa Mission, Thrissur has informed that they have decided to remove legacy waste in Chalakudy Municipality kept at the premises of RRF, and details has been submitted to the State Suchitwa Mission for further action, and also informed that tender procedure has been initiated in this regard.
The DLMC (District Level Monitoring Committee) meeting was held on 07.10.2020 to evaluate the progress of the steps taken regarding the implementation of environmental laws, and the present status related to waste disposal of Chalakudy Municipality was evaluated at the meeting.
I have personally visited the RRF site, which caught fire during January 2020, on 18.10.2020. Also I have visited the three sites where MCFs are proposed. The site where RRF was functioning is just near the Municipal Crematorium, which is a part of a 2.5 acre plot. Municipality has started RRF in the year 2018. Now, Municipality has proposed 2 projects there; an RRF in 3000 Sq. ft and an MCF in 2000 Sq. ft. Some legacy waste was found during site visit for the disposal of which tender process in under way.
The Three other sites where MCFs are proposed are as follows:-
a) Water and Sanitation Park (WATSAN Park) at Alavi Centre, Chalakudy There is a 2.5 acre plot in which the bio degradable solid waste treatment plant is functioning. The capacity of the plant is around 2 tonne per day. There are sufficient space to start a 2000 Sq. ft. MCF.
b) Plot on the back side of Chalakudy Municipal Indore Stadium There is a 30 cents plot ideal for an MCF.
c) Plot near ITI Chalakudy This plot is currently used as a stocking and segregation yard. Here the Municipality plan to build a MCF.
As reported by the Secretary, Chalakudy Municipality the fund allocated for RRF is around Rs.40 lakhs and that for 4 MCFs are around Rs.69 Lakhs.
The above details are humbly submitted for perusal of the Hon‟ble National Green Tribunal."
10. After considering the reports extracted above, this Tribunal had passed the following order:-
"6. It is mentioned in the report submitted by the District Collector that they are taking steps for implementation of the Solid Waste Management Rules, 2016 in Chalakudy Municipality and some steps have been taken for the purpose of removing the legacy waste. They have also proposed to establish three Micro Page 9 of 32 Composting Facility in Chalakudy Municipality for which certain amounts have been allotted.
7. The learned counsel appearing for the Chalakudy Municipality wanted some more time for filing a detailed status report in this regard.
8. The Kerala State Pollution Control Board as well as the District Collector and the Chalakudy Municipality are directed to submit a further report regarding the further action taken and the progress of the implementation of the Solid Waste Management Rules, 2016 and also the disposal of the plastic waste that has been stacked in the recycling unit which has been gutted in the fire incident.
9. They are directed to submit the report on or before 12.01.2021 to this Tribunal by e-filing along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the above said officials by e-mail immediately so as to comply with the direction."
11. Thereafter, the case was posted to 12.01.2021 for consideration of further report. On 12.01.2021, this Tribunal had considered the report submitted by the Kerala State Pollution Control Board dated 08.01.2021 and received on 11.01.2021 which was extracted in Para 3 of the order reads as follows:-
"Report filed by the Environmental Engineer, Kerala State Pollution Control Board, District Office, Thrissur, the 4th respondent
1. It is respectfully submitted that the 4th respondent is represented the 2nd respondent also in this application.
2. The Hon‟ble NGT vide order dated 10.11.2020 in this O.A. had directed this respondent to submit a report regarding the further actions taken by the Municipality and the progress of the implementation of the Solid Waste Management Rules, 2016 and also the disposal of the plastic waste that has been stacked in the recycling unit which has been gutted in the fire incident.
3. It is respectfully submitted that the site was visited again by Board officers on 29.12.2020. The disposal of the burnt plastic waste that had been stacked in the RRF was found removed almost completely but a small quantity was found left unattended. The municipality had been given direction to remove it urgently and they have reported compliance with the direction.
4. It is further submitted that the Municipality has not provided door to door collection for biodegradable wastes from households but only from commercial establishments. The total no of households as reported by the Municipality is 14850. According to them, they have provided decentralized facility to 1300 households and are proposing to provide facility to 2553 more households within 6 months. The Municipality claims that in all the other Page 10 of 32 households, the house owners have provided their own facility. They have uploaded only around 660 numbers of facilities in the ENVICLEAN app, a mobile application for surveying the solid waste treatment facilities with a specific objective of updating the GIS database. They have requested six months time for uploading the details of all the decentralized facilities provided in households, in the ENVICLEAN app. Random survey will be conducted by the Board officers to verify the same.
5. The centralized facility provided for the non biodegradable waste is MCF/MRF of capacity 3.36 tpd. They have proposed additional 4 MCFs under the Swacch Bharath Mission Urban Scheme of a total capacity of 25 tpd in 4 locations. The municipality has been given direction to provide facility for the collection, treatment and disposal of sanitary wastes, domestic hazardous wastes, non recyclable wastes and collection facility for E-Waste and to submit substantiating documents.
6. It is respectfully submitted that the Board has initiated actions for levying Environmental Compensation in view of the non compliance with Solid Waste Management Rules, 2016. Board is constantly monitoring the steps taken by the municipality to achieve progress in the implementation of the Solid Waste Management Rules, 2016.
Dated this the 8th day of January, 2021."
12. Thereafter, this Tribunal had passed the following order:-
"4. It is mentioned in the report that they have already initiated the action for levying the environmental compensation in view of the non- compliance of the Solid Waste Management Rules, 2016 and also for the damage caused.
5. The learned counsel appearing for the Kerala State Pollution Control Board submitted that a committee has been constituted by the Pollution Control Board for the purpose of assessing the damage and after getting the report, further action taken report will be submitted before this Tribunal.
6. The learned counsel also submitted that a questionire has been served on the Chalakudy Municipality asking for certain details which they have not furnished so far.
7. The learned counsel appearing for the Municipality submitted that due to the change of constitution of the governing body, they were not able to comply with the direction given by the Pollution Control Board. Now, they are ready to comply with the direction of the Pollution Control Board as well as to answer the questionnaire, if any, served on them. They also submitted that if some time is granted, they may be able to submit the status report regarding the action taken by them for remedying the situation.Page 11 of 32
8. Considering the circumstances, we feel that some more time can be granted to the Pollution Control Board and also to the Chalakudy Municipality to submit their further action taken reports in this matter.
9. They are directed to submit the same to this Tribunal on or before 15.02.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10.The Registry is directed to communicate this order to the members of the committee as well as to the Pollution Control Board and also the Chalakudy Municipality by e-mail immediately so as to enable them to comply with the direction."
13. The case was posted to 15.02.2021 for consideration of further reports.
Thereafter, the matter has been adjourned from time to time by successive notifications. In the meantime, the Kerala State Pollution Control Board has filed the report dated 12.02.2021 and received on 17.02.2021 which reads as follows:-
"REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR, THE 4th RESPONDENT
1. It is respectfully submitted that the 4th respondent is representing the 2nd respondent also in this application.
2. The Hon‟ble NGT vide order dated 12.01.2021 in this OA had directed this respondent to submit a report regarding further actions taken regarding imposition of Environmental compensation and assessment of Environmental damage.
3. It is submitted that a hearing was conducted by the Chairman of the Board with the Secretary of Chalakudy Municipality, Urban Affairs Directorate and District Office of KSPCB for ascertaining the progress achieved in compliance with the order of Hon'ble NGT in OA 06/2020 (sz). Copy of the minutes is produced herewith and marked as Annexure R4 (a). The Assistant Executive Engineer who represented the municipality in the hearing expounded the details regarding the progress achieved in the management of solid waste. According to them the waste gap has come down to 2.4 tpd. But some clarifications are required from the municipality in this regard. The letter sent to the municipality calling for clarifications are produced herewith and marked as Annexure R4 (b).
4. It is submitted that a meeting of the committee constituted in compliance with the order of the NGT in O.A.06/2020, for the assessment of Page 12 of 32 environmental damage, was held on 09.02.2021.The minutes of the meeting is produced herewith and marked as Annexure R4 (c). The committee observed that no human mortality or morbidity has been reported; similarly, no damage to flora and fauna has been reported or observed in the area. However, reporting of any morbidity or environmental damage in future, due to pollution arising from the fire accident cannot be ruled out. The committee discussed in detail about the methodology to be adopted for the assessment of the environmental damage caused due to the fire accident. The data furnished by the municipality are not sufficient and only scant data are available at present. The committee suggested that more data with regard to the facility, the composition of plastics, the population nearby and geo meteorological data at the time of the occurrence of the fire accident etc. may be collected from Chalakkudy Municipality. No direct damage has been reported due to fire, but negligence has occurred. Thus even though damages cannot be arrived at, the committee concluded that, based on "polluter pays" principle, it will be necessary to impose penalties based on "precautionary" principle.
5. It is respectfully submitted that more time is required to take further action regarding imposition of Environmental compensation and environmental damage. The municipality has to submit clarifications regarding waste management and additional data for the assessment of environmental damage. Hence it is submitted that two more months may kindly be allowed for filing of further report in this regard.
Dated this the 12th day of February, 2021."
14. The Chalakudy Municipality also filed a report dated 10.03.2021, e-filed on 30.03.2021 and received on the same date which reads as follows:-
"STATUS REPORT FILED BY THE SECRETARY, CHALAKUDY MUNICIPALITY, THE 3RD RESPONDENT
1. The Hon‟ble National Green tribunal suo motu registered the above case based on a news report published in Malayala Manorama Daily dt 09/01/2020. The report was relating to a fire incident which occurred in the Plastic Recycling Unit at Chalakkudy on 08/01/2020.
2. As per order dt 27/07/2020 this Hon‟ble Tribunal directed the District Collector, Thrissur to submit a report regarding the steps taken by the Municipality under Rule 12 of SWM Rules 2016. Thereafter a report was submitted by the Kerala Pollution Control Board before this Hon‟ble Tribunal in the above case. The District Collector Thrissur has also submitted a report as per the direction of this Hon‟ble Tribunal.
3. This respondent have gone through the reports filed by the Pollution Control Board and also the District Collector, Thrissur.Page 13 of 32
4. The report submitted by the Pollution Control Board is incorrect as it is highly exaggerated and made without actually verifying the steps which was already taken by the Municipality for the effective implementation of the various provisions of the Act and Rules regarding solid waste management.
5. The Pollution Control Board is deliberately attempting to deviate the subject matter of dispute by incorporating matters which are not associated with the fire incident which took place on 08/01/2020 near Potta Crematorium.
6. During the pendency of the above proceedings before this Tribunal, the Chairman of Pollution Control Board even issued a demand notice to the Municipality claiming a sum of Rs 276 lakhs alleging non compliance of provisions of SWM Rules 2016 by adopting the doctrine of „‟polluter pay‟‟.
7. The reports of PCB and District collector does not state the steps already taken by the Municipality to solve the problems created due to the Storage of Plastic waste. It is submitted that the Municipality was very particular to implement the various measures provided in the Solid Waste Management Rules for effectively resolving all the issued relatingto Plastic waste Storage/ Management and disposal .
8. 08/01/2020 was a Bharath Bandh day declared by all trade unions in India. The All India Bandh was strongly observed in Kerala and there was no public or private transport no traffic facility or any other conveyance on that day. All public offices were defunct. The entire Municipal Area affected by the absence of any sort of public conveyance. The Bandh made Kerala in a stand still stage. Almost all the Government Offices were defunct and Private establishments were closed on that day. There was no private vehicles plying on the public roads fearing attack from the Bandh supporters. The Chalakudy Municipal Office is situated on the side of former NH 47. ( Now NH
544)
9. On that Bandh day at about 2 PM a fire incident occurred in the Plastic waste storage at Chalakkudy Municipality at RRF (Resource recovery Centre) situated on the western side of NH 47 near Potta Crematorium on 08/01/2020. In the RRF Centre there were 4 employees appointed from the Green Brigade to supervise, manage and facilitating.
Due to Bandh, these employees could not report for duty. As there was no employees present in the RRF centre the fire incident caused due to electric short circuit was not be noticed in time and could not take required safety measures including by informing the police and fire and rescue services. There is also no residents in the nearby locality. The fire incident was reported at about 2:30 pm. Due to bandh all roads were deserted and somebody noticed the fire incident only belatedly.
Page 14 of 32There is no laches or negligence on the part of Municipality in the unfortunate fire incident that took place on 08/01/2020.
10. Even now the actual reason for the unfortunate fire incident has not been detected by the police. It is suspected that the fire incident can be due to electricity short circuit. It is also suspected that the fire incident can be as a result of sabotage caused by some Anti Social elements in the locality who were against the establishment of the Solid Waste Recycling Unit at Potta.
11. In the city area generally the public are against the establishment of any recycling unit wherein plastic waste has been stacked in connection with the disposal and processing. The municipality has taken possible steps and communicated to Fire and rescue department, Police department, KSEB etc. The burnt waste were fully removed and the site cleared completely. It is submitted that there is no laches, negligence, or disobedience on the part of the Municipality in strictly complying the SWM Rules
12. The population of Chalakudy Municipality is only 49,525. Rule 22(7) of the rules necessitates the setting up of Solid Waste Management facilities by the municipalities in Town with below 1 lakh population and the Municipality has already taken all possible steps for the effective implementation of the Solid Waste Management Rules 2016 and the relevant provisions of Municipality Act and other Rules concerning Solid Waste management in the Municipal area to alleviate the problems of Environmental Pollution and the management of Solid Waste.
13. It is submitted that the Chalakudy Municipality is one of few Municipality in whole which has taken all possible measures for the strict implementation of the various directions and infrastructure facilities suggested under Rule 22 of the SWM Rules within time frame. The steps taken by the Municipality has reduced the level of pollution in Municipal area and the Solid Waste was effectively managed by various steps taken by the Municipality for eradicating any Environmental damage.
14. In compliance of the direction of National Green Tribunal, KSPCB Chairman Municipality has convened a Video Conference with of Chalakudy Municipality on 09/09/2020 to evaluate the progress achieved in Solid Waste Management. Thereafter a detailed report regarding the assessment of SWM facility and legacy waste remediation was also submitted. Photocopy of the filled up template forwarded to the Chairman, Pollution Control Board is produced and marked as Annexure 1.
Page 15 of 3215. The Municipality has also taken following steps for the enforcement of Solid Waste Management Rules 2016 to solve the problems of management of Solid Waste.
16. Under Rule 22(1) of the Rules 2016 following 4 sites has been identifiedand solid Waste Processing facilities were set up.
a. In Ward Number 5 in the Alawi Centre Potta, two Treatment yard with the capacity of processing 5 tonnes of solid waste on 27.7.2000 was established. 9 CLR workers are working in these 2 plants.
b. In ward Number 19, two Bio Gas plants were established in the slaughter house situated near the Market. Every day Non Vegetarian Solid Waste exceeding 1 tonnes are processed in these 2 slaughter houses Bio Gas plants and 4 employees are working there.
c. On 02.10.2019 near the National Highway in Ward Number 21, four processing units known as „‟WATSON Park- Thumboormuzhi Unit „‟was established and Haritha Karma Sena (Green Brigade) is rendering necessary service here .
d. A MCF unit was established near Chalakkudy ITI In 2013 for the collection and segregation of Non Bio Degradable Waste and 5 employees are working in this Unit.
e. As required under Rule 22(3) of the SWM Rules 2016 the Municipality has already identified suitable sites for setting up Solid Waste processing Facility.
f. The process for the establishment for MCFs and one RRF under Swach Barath Mission Urban scheme is in progress. in the following 4 locations and a sum of Rs. 6926900, Rs.5349943 was allotted respectively for the same.
i. Potta near Municipal Crematorium(2000 sq.ft MCF and 1RRF for 3000 Sq.ft) ii. Alavi center ( near MSW plant) 2000 sq.ft MCF iii. Near ITI (2000 Sq.ft MCF) iv. Near Indoor stadium (2000 Sq.ft MCF)
17. On 20.08.2020Municipality has given consent to the Suchitwa mission for the clearance of legacy waste lying near the „Take a Break' compound in front of the Municipal Crematorium. The Suchithwa Mission has commenced tender proceedings for the removal of legacy Waste. For the removal of plastic waste the Municipality has executed an agreement with Eco Green, Kerala Waste Management Solutions, Kottakkal, Malappuram on 21.12.2019 and it has been forwarded to Pollution Control Board.
18. Complying Rule 22(5), the Municipality had started the door to door collection of segregated waste from all the 36 Municipal wards from 02/10/2019. The wastage is collected through the Haritha Page 16 of 32 Karma Sena (Green Brigade) consisting of 38 members who are divided into 5 groups. They collect Solid Waste from houses, shops establishments etc and transport the same to the Material Collection Facility ( MCF ) for recycling. The Municipality has provided the service of covered Tipper lorries, tractor with Drivers and sanitation employee.
19. Every day the Municipality is collecting 2 tonnes of waste from market, shop etc and convert the same as manure. 9 employees are working in the MSW Plant at Alawi Centre at Potta. Two bio gas plants has been established in Ward No 19 near the Municipal Market. Per day nearly 1 ton non vegetarian waste is being processed in these two bio gas plants. For doing this work 4 employees are serving in the slaughter house, bio gas plants. As stated earlier in the Thumboormuzhi Plant there is facility for processing half ton Solid Waste in the WATSON Park. For all these activities the Municipality is utilising the service of Green Brigade.
20. Necessary steps are also taken for the collection and transportation of construction and demolition waste as specified under Rule 22(6).
21. Municipality has also strictly complied Section 326 of the Act regarding Management of waste and Municipal roads are swept clean everyday by cleaning staff. For this purpose and for the removal of waste, there are 28 permanent employees and 7 temporary workers. The green brigade collects and sorts organic and inorganic waste from the Market and other enterprises and from houses. Organic waste is processed with waste treatment plants. (Windrow Compost, Vermi Compost), Bio Gas Plant (Non Veg Waste). Inorganic waste is collected and sent to MCFs. Collected waste is moved to treatment plants using a tractor and two tipper lorries owned by the Municipality. For organic waste management in houses, a DPR of Rupees 3,39,21,289 has been prepared and is implemented by distributing waste management plants. For disposal of inorganic waste, four MCF units and one RRF unit are being set up.
22. As provided under Section 326 (1a) of the Act health supervisor, health inspectors (2) and junior health inspectors (4) are overseeing cleanliness activities undertaken by cleaning staff and the green brigade.
23. Under Section 327 of the Municipality Act it shall be the duty of owners and occupiers for storage and deposit of rubbish ad solid waste in the Municipality. In this regard the green brigade has been functioning since October 2nd, 2019 consisting of 38 members divided into 5 groups. They collect inorganic waste material from houses in all the wards and transport it to the MCF. The Organic waste collected Page 17 of 32 directly by the Municipality is processed in Waste treatment plants (Windrow compost, Vermi compost), Biogas plant (non-vegetarian waste) and Watsonpark (4 nos Thumboormuzhi unit). For handling organic and inorganic waste a DPR of 33921289 has been prepared and being implemented. The Secretary has also complied the requirements under section 328 for the removal of rubbish and waste from premises within the Municipal area through the green brigade on levying fee of Rupees 100 from shop owners and Rupees 30 fromhouse owners towards user fee.
24. Necessary steps have also been taken for the final disposal of solid waste and it‟s processing as specified under Section 331, 332 of the Municipality Act. Organic waste collected by the Municipality is treated in the solid waste management plant set up in a two-acre area in Alavi centre. Two non-vegetarian bio gas plants process 2000 kilo waste daily from the Municipality slaughterhouse and non-vegetarian market. 500 kilos of organic waste is processed in 4 Watson park Thumboormuzhi units near the NH in Ward 21.
25. The waste is converted into manure and sold to farmers at Rupees 4 per kilo. The biogas generated is distributed to nearby homes. Hospital waste is handled by an organisation „IMAGE‟ on a contractual basis. Incinerators have also been set up for handling other wastes. For inorganic waste treatment, an MCF unit is set up near the Municipality Park and RRF units near „take a break‟.
26. The Secretary has complied the directions given Under Section 334 of the Act. Direction has been given for businesses to obtain licenses to function within the Municipality they must also have a contract for disposal of wastes with the green brigade. Houses are also registered by the green brigade for collection of inorganic waste. Two tons of organic waste are collected from the Municipal market and surrounding shops daily and converted into manure at the solid waste management plants. The biogas plant near the slaughterhouse processes waste from the slaughter house and non-veg market. Hospital waste is handled by an organisation „IMAGE‟ on a contractual basis.
27. For the Management of waste at source under Section 334A steps are already been taken by ensuring that when licenses are given to organisations in the Municipality limits have facilities for waste disposal. The licensees are liable to submit an affidavit regarding the same. The green brigade collects inorganic waste from businesses without fail. Fines are levied on those who improperly deal with waste.
28. Orders are passed restricting the user of plastic carry bags and covers and management of plastic waste in tune with Section 334 B of the Municipality Act. Plastic carry bags have been completely banned by the by the state and the municipality strictly implemented Page 18 of 32 the same since January 1, 2020. As an alternative option, 4 Kudumbashree units engage in making and distributing cloth bags. Fines are imposed on violators of waste management rules.
29. The Municipality has taken strict measure and ensured the prohibitions under Sections 335-345 and are imposing fines on rule violators. Till date a sum of Rupees 1,53,200/- have been levied as fine from the persons who violated Section 335 and Section 345 of the Act.
30. As stated earlier the Municipality has taken every possible steps for the effective implementation of Rule 15(a), 15(b), 15(c), 15(d), 15(e), 15(f), 15(g), 15(h), 15(i,j), 15(k), 15(l), 15(m), 15(n), 15(o), 15(p), 15(q), 15(r), 15(t), 15(u) ,15(v(a)) , 15(v(b)), 15(x ), 15(y&z), 15(Za), 15(Zb), 15(Zc), 15(Zd), 15(Ze), 15(Zf), 15(Zfg) , 15(Zh), 15(Zi),15(Zj&k)- of the Solid Waste Management Rules, 2016.
31. The steps taken by the Municipality under the Solid Waste ManagementRules are highlighted below.
RULE STEPS TAKEN Rule 15(a) A DPR of Rupees 3,39,21,289 for waste treatment has been prepared and
certified by the SLEC and is being implemented. Under SO: 186/21 SO-469/21, SO-470/21, SO-444/21, SO 445/21. plan for disposal of household waste in 2019-20, 3853 waste treatment plants have been set up at the cost of Rupees 99,66,960. This is being surveyed through the envi-clean app. 15(b) The green brigade has been functioning since October 2nd, 2019 with 38 members divided into 5 groups. They collect inorganic waste from all houses in all the wards and transport it to the MCF. Within the Municipality limits, a user fee of Rupees 100 for businesses and Rupees 30 for homes has been levied by the green brigade. Waste is collected at the rate of Rupees 5 per kilogram from the public and processed at Watsonpark, Thumboormuzhi.
Rule 15(d) From October 2, 2019 the 38 member green brigade has been included into SHG for door to door collection of waste from homes and businesses. For the same, a user-fee is being collected.
Rule 15(e) The Chalakkudy Municipality has prepared Plastic and E-waste management 2016 bye laws vide the approval of the 29th Council on 29.04.2019 and has been sent to the Directorate for State approval on 07.06.2019.
Rule 15(f) Within the Municipality limits, a user fee of Rupees 100 for businesses and Rupees 30 for homes has been levied by the green brigade. Waste is collected at the rate of Rupees 5 per kilogram from the public and processed at Watsonpark, Thumboormuzhi Page 19 of 32 Rule 15(g) As a part of IEC, notices have been circulated among businesses and houses within the Municipality limits for raising awareness. The green brigade has been directed to collect inorganic waste and hand it over to scrap dealers and is being strictly supervised. To regularly inspect the cleanliness, a ward sanitation committee is set up in all wards. The ward counsellor ensures the services of social organisations, Kudumbashree workers, ASHA workers, National Health mission and so on. The NHM fund, Shuchitwa mission fund are used for cleaning activities according to the decisions taken by the committee.
Rule 15(h) Inorganic waste collected by the green brigade from homes and businesses is transported to the MCF, RRF and are sorted and sent for recycling. A DPR project for collecting inorganic waste is being implemented consisting of 4, 2000 square feet MCF units and one 3000 square feet RRF unit. For awareness of waste management among students, the Collectors @ school campaign was held and bins were distributed for the collection of inorganic waste.
Rule In the wards within the Municipality, the Counsellors have organised 15(i,j) campaigns to collect Hazardous waste. This is collected by the green brigade in regular intervals of six months and handed over to the Clean Kerala Company.
Rule 15(k) The waste from roads cleaned by the Municipality‟s cleanlinessworkers is processed in the watsonpark thumboormuzhi unit near the National Highway.
Rule 15(l) The cleanliness workers and green brigade have receivedtraining regarding waste management from IRTC, KILA, SEUF and the Municipality authorities.
Rule 2 tons of organic waste is collected from the Municipality market and 15(m) shops daily and processed into manure at the Municipal Solid waste management plant using windrow compost and vermin-compost. The waste from the slaughterhouse and non- veg market is processed in the bio- gas plant near the slaughterhouse. Hospital waste is handled by an organization „IMAGE‟ on a contractual basis.
Rule 15(n) Cleanliness workers sweep and clean roads in the Municipality daily.
This waste is segregated and processed at the watsonparkthumboormuzhi unit near the National Highway..
Rule 15(o) All the waste collected from the streets and drains are transported in covered vehicles to the waste treatment plants daily. A tractor and two tipper lorries are used for the same. This waste is sorted and processed on a daily basis.
Rule 15(p) Waste from the Thakolkaran park, near south bus stand is processed in the Thumboormuzh unit near the NationalHighway.
Page 20 of 32Rule 15(q) Waste collected directly by the Municipality is processed in waste treatment Plants (Windro Compost, Vermi Compost), bio gas plants (Non Veg Waste) Watson Park ( 4 numbers Thumboormuzhi Unit) For organic waste from homes a DPR of Rs 99,66,960/- has been implemented and waste management devices has been distributed. Under the DPR scheme the Municipality is distributing at 90% subsidiary rate bio gas plants, bio bins, bio digester pot, Vermi Compost, ring compost, bio compostor bin, bucket compost etc. Rule 15(r) For the collection of inorganic waste 38 workers are employed. They are further divided into 5 member groups of the Green Brigade. They collect inorganic wastes from houses in all wards and is transported to the MCF. 4 MCF units of 2000 sq ft each and 1 RRF unit is also being installed for inorganic waste management.
Rule 15(t) For disposal of organic wastes from houses the DPR has been implemented by distributing waste disposal facilities worth Rs 99,66,960/- . Under the DPR scheme the Municipality is distributing at 90% subsidiary rate bio gas plants, bio bins, bio digester pot, Vermi Compost, ring compost etc. Rule 15(u) Organic waste processed in the Solid Waste Plant is sold asmanure to farmers at the rate of Rs 4 per kilo. Using this manure 2 acres of land surrounding the plant has been made into a green belt and for cultivation in grow bags in the Municipality.
Rule Organic waste is processed in waste management plants (Windro 15(v(a)) Compost, Vermi Compost), bio gas plants (Non Veg Waste) Watson Park ( 4 numbers Thumboormuzhi Unit). Inorganic waste is collected and sent to the MCF. The waste is transported using 1 tractor and 2 tipper lorries. For the disposal of organic waste from homes the DPR has included a scheme worth Rs 99,66,960 and waste disposal facilities have been distributed. 4 MCF unit and 1 RRF unit is being implemented for inorganic waste disposal.
Rule Biogas produced in the Municipality‟s Bio gas plant is distributed to 15(v(b)) neighbouring houses. Appolo tyres had collected inorganic waste from 7 wards. Inorganic waste is also given to Eco Green, Malappuram on a contractual basis for cement manufacturing.
Rule 15 (x A DPR of Rs 3,39,21,289 for waste treatment has been prepared and ) certified by the SLEC and is being implemented. Under SO :186/21 plan for disposal of household waste in 2019-2020,3853 waste treatment plants have been implemented at the cost of Rs.99,66,960.This is being surveyed through Enviclean App. In the Municipality‟s 2020- 2021 plan ,25%of the fund has been set aside for clean waste disposal scheme.
Rule As stated in the Municipal Secretary‟s volume -2 numbered letter dated 15(y&z) 18.02.2020 H 2-9815/04, for renewing the authorisation of SWM,Form No.1, Form No.4 along with a DD of Rs 20,000 has been submitted to the Environmental Engineer KSPOLLUTION CONTROL BOARD .
Rule Annual Report has been submitted on time as under Form No.4.
15(Za)
Rule Annual Report has been submitted on time.
15(Zb)
Page 21 of 32
Rule The cleanliness workers and Green Brigade has received waste
15(Zc) management training from IRTC, KILA, SEUF, and Municipality
members.
Rule The cleanliness workers and Green Brigade have been providedwith uniforms, gloves,
15(Zd) soaps, sanitizers and PPE kits.
Rule During construction of market complexes and
15(Ze) shoppingcomplexes it is ensured that it has waste collection
and disposal
facilities.
Rule The Municipality has prepared SWM bye-laws under which thoselitter
15(Zf) and improperly dispose waste are fined after serving a
notice.
Rule As a part of the IEC campaign, awareness notices have been prepared and
15(Zg) distributed. The notice included details regarding segregation of organic
and inorganic waste, disposing organic waste at the site itself and collection of inorganic waste by the Green brigade after levying user fee.
Rule The Municipality collects both organic and inorganic waste separately. 15(Zh) Thereby there exists no land fill for disposal of mixed waste. Steps will be taken to set up sanitary land fill facilities in specified time.
Rule Waste is processed by the Municipality through centralised and 15(Zi) decentralised waste disposal facilities. The inorganic waste collected by the Municipality is handed over to scrap dealers, Eco green Kottakkal and Clean Kerala Company. If land fill is required in due time steps shall be taken to set up the same.
Rule For removing the legacy waste in the „Take a break „ compound near the 15(Zj&k) Chalakudy Municipality crematorium , the Suchitwa Mission was given permission and floated tenders. When capping is found necessary, actions will be taken to ensure the same.
32. The municipality has submitted the template for assessment of solid waste management facilities and legacy waste remediation. The gap in solid waste management Uts is 2.4 TPD and the photocopy of the template report showing the details has already been forwarded to the Environmental Engineer Thrissur on 23.10.2020.
33. This respondent reserve the right to file an additional status report in case of necessity in due course.
34. In the above circumstances it is prayed that this Hon‟ble Tribunal may be pleased to accept this report and close the above suo motu proceedings.
The above details are humbly submitted for perusal of the Hon‟ble National Green Tribunal. Dated this the 10th day of March, 2021."
Page 22 of 3215. On 02.07.2021, this Tribunal had considered the above reports and then passed the following order:-
"3. Learned Counsel for 3rd respondent had filed their status report dated 10.03.2021, e-filed on 30.03.2021 and received on the same date stating that they are strictly complying with the Solid Waste Management Rules, 2016 and they are also taking steps against those persons, who are not complying with the rules. It was mentioned in the status report that for removing legacy waste in the Take a Break compound near Chalakudy Municipality Crematorium the Suchithwa Mission was given permission and floated tenders. When capping is found necessary action will be taken to ensure the same. They have not mentioned as to whether the legacy waste accumulated in that area has been cleared by carrying out the biomining as required under Solid Waste Management Rules, 2016. Capping is not permissible as it may have further environmental impact. Legacy waste will have to be disposed of scientifically by doing bio-mining as directed by the Principal Bench in O.A. No. 606/2018. When this was pointed the Learned Counsel appearing for Chalakudy Municipality submitted that they will submit a further report in this regard.
4. Pollution Control Board also filed a further report dated12.02.2021 seeking two months more time for filling the further report in this regard. That two months time is already over and further two months have also lapsed thereafter. But no further report has been filed by the Pollution Control Board regarding the further steps taken by them in this regard. Unless proper reports are coming from the Regulators, it will not be possible for this Tribunal to dispose of the case effectively. So, they are directed to file the reports to the Tribunal on or before 30.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
5. The Registry is directed to communicate this order to the Kerala State Pollution Control Board, Chalakudy Municipality and the District Collector, Thrichur District by e-mail immediately for information and compliance of the directions issued by this Tribunal."
16. Thereafter, the case was posted to 30.07.2021 for consideration of further report. Again, the matter was taken up on 21.09.2021 and this Tribunal had considered the report submitted by the Kerala State Pollution Control Board dated 28.07.2021, e-filed on 29.07.2021 and received on 12.08.2021 which was extracted in Para 3 of the order reads as follows:-
Page 23 of 32"REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR, THE 4 th RESPONDENT
1. It is respectfully submitted that the 4th respondent is representing the 2nd respondent also in this application.
2. The Hon‟ble NGT vide order dated 02.07.2021 in this OA had directed this respondent to submit a report regarding further actions taken by the Board. It is submitted that the committee constituted in compliance with the order of this Honourable Tribunal for the assessment of environmental damage has submitted the report to the Chairman of the Board. The application for authorisation under Solid waste Management Rules, 2016 submitted by the Municipality was processed and Authorisation was issued to the Municipality subject to certain conditions.
3. It is further submitted that the data furnished by the Municipality were not sufficient for the assessment of environmental damage and only scant data were available. Hence the committee was of the opinion that the cost of morbidity per tonne of the major pollutant has to be calculated on notional values. As per the indicative methods of damage quantification and EDC estimation, preliminary framework for imposing environment damage compensation was prepared by CPCB in the matter of OA 606/2018 and damage cost due to morbidity per tonne of pollutants (VOCs) emitted is Rs. 253.11. It is learnt that 2 tonnes of mixed plastic waste stored in the RRF of Chalakudy municipality was gutted in the fire accident happened on 08-01- 2020. Thus for 2 tonnes of VOCs emitted, cost per case of morbidity is (Rs.253.11 x 2) Rs 506.22/-. The affected population suffering from the morbidity related to ambient air pollution is notionally arrived as 12% of the total population, then the total cost of morbidity will be 506.22 x 5943 (12% of the population) Rs 3008465.46/-. The concepts taken for monetizing the damage cost to flora, biodiversity and social are explained in the environmental damage assessment committee report and the cost calculated is Rs. 84894.18/- and the total indicative and health damages comes to Rs.3093359.64/-
4. Apart from the environmental & health damages assessed, a monetary penalty/ deterrent have to be imposed on the responsible agency to prevent such avoidable mishaps/ accidents in future. In this regard 5 % of the assessed damages have to be imposed as a penalty/ deterrent from the responsible agency. The penalty cost is Rs.154667.98/-. Copy of the report is produced herewith and marked as Annexure R4 (a).
5. It is submitted that the Municipality has arranged door to door collection for non bio degradable wastes from both establishments and households, and for bio degradable wastes from the establishments. They are having a windrow composting unit of 2TPD, vermi compost units of 0.5 TPD, two aerobic facility units (Thumboormuzhi model) of capacity 0.6TPD, and two biogas plants of total 0.85 TPD capacity to facilitate centralised treatment and Page 24 of 32 disposal of the biodegradable wastes collected. They have supplied decentralised facilities to 1295 households. Majority of the households are reported to be using their own land for disposal of biodegradable waste using conventional methods.
6. It is submitted that the municipality has submitted an affidavit regarding the additional proposed facilities for the treatment of solid waste management which includes supply of decentralised facilities to additional 2543 households within 6 months, setting up of MCF at 4 sites, and installation of an incinerator which meets the operating and emission standards prescribed in Schedule II of the Solid Waste Management, Rules, 2016 for the treatment of sanitary waste. Based on this, Authorisation under SWM, Rules, 2016 has been issued to the Municipality for a period of one year. The validity will be further extended for another four years after the commissioning of the proposed facilities. Copy of the Authorisation issued to the Municipality is produced herewith and marked as Annexure R4 (b).
Dated this the 28th day of July, 2021."
17. Thereafter, this Tribunal had passed the following order:-
"4. It is seen from the report submitted by the Pollution Control Board that earlier Chalakudy Municipality was conducting disposal of waste without getting authorization and subsequently, authorization has been granted. They have also assessed the environmental compensation of Rs.30,93,359.64/- and recommended for approval to the Board and on getting necessary approval, they may be able to initiate further action in this regard.
5. The learned counsel appearing for the Chalakudy Municipality submitted that they have already taken steps for effecting bio-mining and if some time is granted, they may be able to file the report regarding the same as well.
6. The Kerala State Pollution Control Board as well as the Chalakudy Municipality are directed to file the further progress report regarding the disposal of waste and implementation of the Solid Waste Management Rules, 2016 in Chalakudy Municipality on or before 22.10.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules."
18. The case was posted to 22.10.2021 for consideration of further progress report.
On 22.10.2021, it was adjourned to today by notification.
19. We have received the latest report submitted by the Kerala State Pollution Control Board dated 03.11.2021, e-filed on 09.11.2021 and received on 10.11.2021 which reads as follows:-
Page 25 of 32"REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR, THE 4TH RESPONDENT
1. It is respectfully submitted that the 4th respondent is representing the 2nd respondent also in this application.
2. It is submitted that Honourable NGT has directed this respondent vide order dated 21.09.2021 in this O.A. to file further progress report. Authorisation under Solid Waste Management Rules, 2016 has already been issued to Chalakudy Municipality subject to certain conditions, for a period of one year. The municipality has set up centralised facilities of total capacity 3.95 TPD and decentralised facilities like Bucket compost (Kitchen bin), Biogas plant. Bio composter bin, Bio digester pot, Ring compost, Vermi compost of total capacity 6.15 TPD for biodegradable waste. The validity of the authorisation will be further extended after the conditions imposed in the authorisation regarding additional facilities to be provided are complied with.
3. It is further submitted that the 2nd respondent had constituted a committee in compliance with the order of Hon'ble NGT for the assessment of environmental damage caused by the fire accident. The committee have assessed an environmental damage of Rs 32,48,028/- and a show cause notice has been issued to Chalakkudy Municipality under Section 5 of the Environmental Protection Act, 1986, read with the Government of India Notification S.O. 327(E) dated 10.04.2001 for not recovering the same. Copy of the show cause notice issued to the Municipality is produced herewith and marked as Annexure R4 (a).
4. It is submitted that further action will be taken based on the reply to the show cause notice from the Chalakkudy Municipality.
Dated this the 3rd day of November, 2021."
20. The Chalakudy Municipality also filed an additional status report dated 06.11.2021, e-filed on 16.11.2021 and received on the same date which reads as follows:-
"ADDITIONAL STATUS REPORT FILED BY THE 3rd RESPONDENT, THE SECRETARY, CHALAKUDY MUNICIPALITY .
1. The Hon‟ble National Green tribunal suo motu registered the above case based on a news report published in Malayala Manorama Daily dt 09/01/2020. The report was relating to a fire incident which occurred in the Plastic Recycling Unit at Chalakkudy on 08/01/2020.
2. 08/01/2020 was a Bharath Bandh day declared by all trade unions in India. The All India Bandh was strongly observed in Kerala and there was no public or private transport no traffic facility or any other conveyance on that day. All public offices were defunct. The entire Municipal Area affected by the Page 26 of 32 absence of any sort of public conveyance. The Bandh made Kerala in a stand still stage. Almost all the Government Offices were defunct and Private establishments were closed on that day. There was no private vehicles plying on the public roads fearing attack from the Bandh supporters. The Chalakudy Municipal Office is situated on the side of former NH 47. ( Now NH 544)
3. On that Bandh day at about 2 PM a fire incident occurred in the Plastic waste storage at Chalakkudy Municipality at RRF (Resource recovery Centre) situated on the western side of NH 47 near Potta Crematorium on 08/01/2020. In the RRF Centre there were 4 employees appointed from the Green Brigade to supervise, manage and facilitating. Due to Bandh, these employees could not report for duty. As there was no employees present in the RRF centre the fire incident caused due to electric short circuit was not be noticed in time and could not take required safety measures including by informing the police and fire and rescue services. There is also no residents in the nearby locality. The fire incident was reported at about 2:30 pm. Due to bandh all roads were deserted and somebody noticed the fire incident only belatedly. There is no latches or negligence on the part of Municipality in the unfortunate fire incident that took place on 08/01/2020.
4. Even now the actual reason for the unfortunate fire incident has not been detected by the police. It is suspected that the fire incident can be due to electricity short circuit. It is also suspected that the fire incident can be as a result of sabotage caused by some Anti Social elements in the locality who were against the establishment of the Solid Waste Recycling Unit at Potta.
5. In the city area generally the public are against the establishment of any recycling unit wherein plastic waste has been stacked in connection with the disposal and processing. The municipality has taken possible steps and communicated to Fire and rescue department, Police department, KSEB etc. The burnt waste were fully removed and the site cleared completely. It is submitted that there is no latches, negligence, or disobedience on the part of the Municipality in strictly complying the SWM Rules.
6. The population of Chalakudy Municipality is only 49,525. Rule 22(7) of the rules necessitates the setting up of Solid Waste Management facilities by the municipalities in Town with below 1 lakh population and the Municipality has already taken all possible steps for the effective implementation of the Solid Waste Management Rules 2016 and the relevant provisions of Municipality Act and other Rules concerning Solid Waste management in the Municipal area to alleviate the problems of Environmental Pollution and the management of Solid Waste.
7. It is submitted that the Chalakudy Municipality is one of few Municipality in whole which has taken all possible measures for the strict implementation of the various directions and infrastructure facilities suggested under Rule 22 of the SWM Rules within time frame. The steps taken by the Municipality has reduced the level of pollution in Municipal area and the Solid Page 27 of 32 Waste was effectively managed by various steps taken by the Municipality for eradicating any Environmental damage.
8. Stating all these aspects, the Municipality has earlier filed a detailed status report dated 10.03.2021, e-filed on 30.03.2021.
9. An order for expediting the measures for bio-mining of legacy waste accumulated on the solid waste treatment plant premises is being done in a war footing manner. Earlier for the disposal and treatment of legacy waste, the Municipality has entered into agreement with Suchithwa Mission.
10. The waste has been separated and sent to a resource recovery facility (RRF). The recyclable components of the RRF were sent for recycling, while the rest is given to the Clean Kerala Company. The municipality has taken certain steps to manage biodegradable waste generated by households. Composting materials were provided at a reduced cost to each household. However, the Municipality lacks a biodegradable waste management plan at the community/institutional level.
11. On 21/09/2021 this Hon‟ble Tribunal passed an Interim Order directing the Kerala State Pollution Control Board as well as the Chalakudy Municipality to file the further progress report regarding the disposal of waste and implementation of the Solid Waste Management Rules, 2016 in Chalakudy Municipality.
12. After the passing of the interim order by this Hon‟ble Tribunal, the proposal for expediting the measures for bio-mining of legacy waste accumulated on the solid waste treatment plant premises is being done in a war footing manner. For the same proposal was laid before the Municipal Council for approval on 02/08/2021. The above said resolution was passed by the Municipal Council and as per decision Number 61 direction was given to the Government accredited agency namely Socio Economic Unit Foundation (SEUF) which is approved by the Suchithwa Mission to submit a detailed project report.
13. The Socio Economic Unit Foundation (SEUF) was registered as an NGO in June, 1995 under Travancore - Cochin Literary, Scientific and Charitable Societies Act XII of 1955. The Socio Economic Units (SEU), Kerala was established in 1987 under the bilateral agreement between the Royal Governments of Netherlands and Denmark and Department of Economic Affairs, Government of India.
14. After the submission of the detailed project report and the approval of the same the funds shall be duly allocated for the functioning of Bio Mines.
15. For the disposal and treatment of sanitary waste the amount earmarked for the installations of incinerators has been further revised to Rs 50,00,000/-. The revised estimate has been approved by the DPC.
16. The Municipality has also decided to stop the dumping of Solid waste in dumps that have surpassed their capacity or won't be able to accept any more garbage after the construction of new, properly built landfills.
Page 28 of 3217. As per the Detail Project Report submitted by the SEUF, Legacy MSW can be treated and disposed of using bioremediation and bio-mining. Prior to the start of any project, a total station survey or drone mapping of the landfill or dumping site must be completed. As a result, it is recommended to do a preliminary investigation into the site's history as well as a waste compositional analysis. Before and after mining, site environment characteristics such as baseline studies of heavy metals in surface and subsurface soils and water, rainfall, soil type, surface hydrology, terrain, wind direction, and so on will be researched. Following the completion of bio-mining, a periodic study should be conducted to check for any detrimental impacts in the surrounding area.
ESTIMATED BUDGET Unit Rate Per Total
Description Cubic Amount
Meter
Bio mining of legacy of waste 4398 m3 Rs 950.00 41,78,100
deposited at Municipal dump
yard residue/capping as per SWM
rules 2016, SWM CPHEEO
Manual 2016 and standards of
Central| State pollution control
board, landscaping protect and
maintain the capping and
landscaping for 1 year.
18. The total proposed filling volume as per the detailed report submitted by the SEUF is 4398 cubic meter and all the necessary steps have been taken by the Municipality and the same is under the consideration of Municipal Council.
19. For project monitoring and concurrent evaluation, a monitoring committee comprised of technical experts from the Municipality, Suchitwa Mission and the state pollution control board is to be constituted.
20. For the disposal and treatment of Construction and Demolition waste appropriate directions have been issued to the Health, Engineering Wings. Moreover the Kerala Pollution Control Board has granted authorisation to the Chalakudy Municipality under the Solid Waste Management Rules, 2016 on 28/07/2021.
21. The municipality has also submitted an affidavit regarding the additional proposed facilities for the treatment of solid waste management which includes supply of decentralised facilities to additional 2543 households, within 6 months and has been duly completed. Setting up of MCF at 4 sites, and installation of an incinerator which meets the operating and emission standards prescribed in Schedule II of the Solid Waste Management, Rules, 2016 for the treatment of sanitary waste. Based on this, Authorisation under SWM, Rules, 2016 has been issued to the Municipality for a period of one year. The validity Page 29 of 32 will be further extended for another four years after the commissioning of the proposed facilities.
22. It is respectfully submitted that, the Kerala State Pollution Control Board has issued Show cause notice to the Secretary, Chalakkudy Municipality, under section 5 of the Environmental Protection Act, 1986 as to why the Board shall not levy the environmental compensation of Rs 32,48,028/- [Rs Thirty Two lakhs Forty Eight Thousand and Twenty Eight Only] vide Board‟s Proceeding dt 23/10/2021 for environmental and health damages caused.
23. It is respectfully submitted that the Municipality is acting in a war footed manner to settle the issues and to implement the measures to reduce Pollution and for the full fledged functioning of Bio- Mining and the implementation of Solid waste Management Rules , 2016.
24. In the above circumstances it is prayed that this Hon‟ble Tribunal may be pleased to accept this report and close the above suo motu proceedings.
The above details are humbly submitted for perusal of the Hon‟ble National Green Tribunal.
Dated this the 6th day of November, 2021."
21. Since the issue raised in this case namely, fire accident occurred in the plastic waste storage facility run by the Chalakudy Municipality and the consequences have been dealt with and it has been remedied and certain steps have been taken for the purpose of disposal of the legacy waste lying in the dump yards and the Kerala State Pollution Control Board has already initiated proceedings for non-compliance of the Rules, we feel that the matter can be disposed of by giving directions to the Kerala State Pollution Control Board to proceed with the proceedings already initiated and also monitor the implementation of the Rules and also disposal of the legacy waste by doing bio-mining as directed by this Tribunal and that will be sufficient and meets the ends of justice.
22. So, the application is disposed of as follows:-
(i) The Chalakudy Municipality is directed to implement the Solid Waste Management Rules, 2016, Plastic Waste Page 30 of 32 Management Rules, 2016 and other waste management Rules strictly in accordance with law.
(ii) The Kerala State Pollution Control Board is directed to complete the proceedings already initiated against the Chalakudy Municipality by issuing show cause notice for non-compliance of the various Waste Management Rules by the Chalakudy Municipality, with liberty for the Chalakudy Municipality to challenge the orders (if any) passed adversely in those proceedings before the appropriate appellate forum in accordance with law.
(iii) The Kerala State Pollution Control Board is also directed to monitor the progress of the bio-mining of the legacy waste undertaken by the Chalakudy Municipality and if there is any violation found in implementation of the Solid Waste Management Rules, 2016 and non-compliance of the direction issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018, then they are directed to take appropriate action against the Chalakudy Municipality for non-compliance of the direction and non-implementation of the Solid Waste Management Rules, 2016 within their jurisdiction in accordance with law.
(iv) The Chief Secretary, State of Kerala and the Principal Secretary for Environment are also directed to review the implementation of the Solid Waste Management Rules, 2016 in the concerned districts as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and if there is any gap found, they are directed to issue Page 31 of 32 necessary directions to rectify the gap and implement the Solid Waste Management Rules, 2016 in those areas in its letter and spirit.
(v) The Registry is directed to communicate this order to the Chief Secretary, State of Kerala and the Principal Secretary for Environment, Principal Secretary for Municipal Administration, Kerala State Pollution Control Board and Chalakudy Municipality for their information and compliance of the direction.
23. With the above observations and directions, this application is disposed of.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
................................E.M. (Dr. K. Satyagopal) O.A. No.06/2020 (SZ) 17th November, 2021. Mn.
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