National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector District ... on 21 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:-
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, Malayam news Daily
Dt. 09.01.2020, "Plastic Waste Storage Facility of
Chalakudy Municipality destroyed in Fire"
...Applicant(s)
Versus
The District Collector,
District Collector Office,
Civil Station, Ayyanthole,
Thrissur and Ors.
....Respondent(s)
Date of hearing: 21.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. E.K. Kumaresan for R1.
Mrs. Rema Smrithi V.K. for R2 & R4.
Mr. Asif Ali represented
Mr. M.P. Ashok Kumar for R3.
Page 1 of 17
ORDER
1. The above case has been posted to today for filing further reports by the Kerala State Pollution Control Board as well as by the Chalakudy Municipality. The case was originally posted to 30.07.2021 as per order dated 02.07.2021. Thereafter, the matter has been adjourned from time to time by notification and lastly, it was adjourned to today as per notification dated 03.09.2021.
2. The Chalakudy Municipality has filed a status report dated 10.03.2021, e-filed on 30.03.2021 and received on the same day 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 2 of 17
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 relating to 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 Page 3 of 17 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 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 SolidWaste 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.Page 4 of 17
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 asAnnexure 1.
15. 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 2plants.
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 .Page 5 of 17
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.5349943was 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 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.Page 6 of 17
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.Page 7 of 17
The Organic waste collected 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 Page 8 of 17 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 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.
Page 9 of 17RULE 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 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 Page 10 of 17 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.
Rule 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. Page 11 of 17 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)
Page 12 of 17
Rule Annual Report has been submitted on time.
15(Zb)
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, glov
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 Page 13 of 17 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 NationalGreen Tribunal.
Dated this the 10th day of March, 2021."
3. The Kerala State Pollution Control Board also filed a report dated 28.07.2021, e-filed on 29.07.2021 and received on 12.08.2021 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 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 Page 14 of 17 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 Page 15 of 17 (Thumboormuzhi model) of capacity 0.6TPD, and two biogas plants of total 0.85 TPD capacity to facilitate centralised treatment and 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."
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.
Page 16 of 175. 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.
7. The Registry is directed to communicate this order to the Kerala State Pollution Control Board as well as to the Chalakudy Municipality by e-
mail immediately for their information and compliance of the direction.
8. For consideration of further progress report, post on 22.10.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A. No.06/2020 (SZ), 21st September, 2021. Mn.
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