National Green Tribunal
R.Dinesh S/O M.S.Ramasamy vs The Gopichettipalayam Municipality, ... on 7 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.9:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 99 of 2017 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
R. Dinesh S/o. M.S. Ramasamy,
Gobichettipalayam, Erode District. ... Applicant(s)
Versus
Gopichettipalayam Municipality
Rep. by its Commissioner,
Gopichettipalayam,
Erode District & Ors. ...Respondent(s)
Date of hearing: 07.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mr. S. Kamalesh Kannan for R1, R2.
Mr. C. Kasirajan through
Ms. Meena for R3.
1
ORDER
1. As per order dated 30.09.2020, this Tribunal had considered the interim report submitted by the Joint Committee which was extracted in Para 3 of the order and also considered the additional reply affidavit filed by the 1st respondent/ Gopichettipalayam Municipality and thereafter, we directed the committee to file a final report and also the 1st respondent to file further progress report and also directed the Pollution Control Board to file an independent report regarding the action taken for non-compliance of the direction given by the Principal Bench of National Green Tribunal in O.A. No.606/2018 by the 1st respondent municipality and posted the case to today for that purpose.
2. When the matter came up for hearing today through Video Conference, there is no representation for the applicant. Sri. S. Kamalesh Kannan represented respondents 1 & 2 and Sri. C. Kasirajan through Ms. Meena represented 3rd respondent.
3. We have received the report submitted by the Joint Committee which reads as follows:-
"Final Report of the Joint Committee Constituted by the Hon'ble NGT (SZ) in O.A.No. 99 of 2017 filed by Mr. R. Dinesh regarding the dumping of Municipal Solid Waste by the Gopichettipalayam Municipality, Erode District, Tamilnadu.
1) Brief introduction about the Gobichettipalayam Municipality MSW Disposal and O A No. 99/2017 filed in Hon'ble NGT (SZ):
Gobichettipalayam Municipality is a Selection Grade 2 Municipality in Erode District, Tamilnadu with an extent of 7.5 sq. km and has total population of 59523 as per census 2011. The current population of 63472 is distributed in 30 Wards. At present, total quantity of solid waste generated from the Municipality is 22 T/day.
The Commissioner, Gobichettipalayam Municipality has obtained Authorization vide Proc. No. JCEE/SLM/TNPCB/SWM/F.07/PND/2019 Dated: 12/04/2019 for processing, recycling, treatment and disposal of municipal solid wastes of 22 MT/day under the Solid Waste Management Rules, 2016 for the period upto 31.03.2020 for carrying out processing/ recycling/ treatment/ disposal facility for the municipal solid waste generated at the following locations:
i) Micro Composting Centre at Ramar Extension, T. S. No. 1, 4, Ward B, Block 15 (Old S.F. No. 15 B, 16 A pt, 16 B pt), Gobichettipalayam - 4 MT
ii) Micro Composting Centre at Nayakankadu, T. S. No. 7, Ward D, Block 4 (Old S. F. No. 185 pt), Gobichettipalayam - 3 MT
iii) Bio Methanation Plant at Nayakankadu, T. S. No. 2, Ward D Block 5 (Old S. F. No. 180 pt), Gobichettipalayam - 2 MT In the past, the Gobichettipalayam Municipality has dumped the solid waste collected from the municipal area in Karattur Compost Yard located at T. S. No. 2 & 7, Ward D, Block 4 & 5 Gobichettipalayam in an extent of 1.94 Acres. Later, the Gobichettipalayam Municipality has engaged M/s. Aicon Surveys Private Limited, Puducherry in March 2015 to find the quantity of legacy waste dumped at the Karattur compost yard. The volume of legacy waste at the dump yard was found to be 40,000 m3. In the Karattur Compost Yard apart from the dumped legacy waste, one Micro Composting Centre (MCC) - 3 T Capacity and one Biomethanation Plant -
2 T Capacity is located within the premises.
Subsequently, the Gobichettipalayam Municipality has entrusted the work of Reclamation of existing dump site located at Karattur Compost Yard to M/s. Sri Sivaraman & Co, Gobichettipalayam vide letter ROC No. 3395/2015/E1 Dated: 30.10.2018 for the removal of the legacy waste of 40000 m3 through bio-mining process on Design, Build, Own and Operate (DBOO) basis at the cost of Rs. 2,67,80,000/- (at the rate of Rs. 639 per m3).
M/s. Sri Sivaram & Co., Gobichettipalayam has made MoU with M/s. Ultra Tech Cement Limited, Ariyalur to utilize plastic waste recovered from bio-mining process for Co-incineration purposes and has made MoU with M/s. Iniya Traders, Erode for disposal of Glass fraction for recycling purposes.
3The Gobichettipalayam Municipality has also engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the work by periodic site visits, volume measurements, observations at the site and review of records. A team from Centre for Environmental Studies (CES), Anna University visited the site to assess the progress of Biomining operations on 26 July 2019, 24 August 2019 and 30 October 2019. As per the Progress Report furnished by the team, the cumulative volume of legacy waste processed through Biomining is around 1337 m3 as on November 2019.
In the mean time, an Application was filed by the Applicant, Mr. R. Dinesh, S/o. M. S. Ramasamy, residing at No. 6, Parvathy Nagar, Pudupalayam, GobichettipalayamTaluk, Erode District, Tamil Nadu before the Hon'ble NGT (SZ) vide O.A. No. 99 of 2017 stating that the dumping of Municipal Solid Waste by the Gobichettipalayam Municipality of Erode District was carried out at the adjacent site of T. S. No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode District without obtaining mandatory Environmental Clearance under the EIA Notification, 2006, Authorization under the Municipal Solid Waste (Management and Handling) Rules, 2000 and without Consent to establish under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 from the Tamil Nadu Pollution Control Board.
The applicant has also stated that this illegal dumping of waste resulted in complete contamination of Ground water in the said area and also prayed before the Hon'ble NGT (SZ)
a) To cease the dumping of waste at the site, T.S.No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode District
b) To remediate the said site, restore it to its previous pristine state including remediation of ground water and soil.
c) To Direct the 3rd Respondent, District Environmental Engineer, TNPCB, Perundurai to initiate prosecution under the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution)Act, 1974 and the Air (Prevention and Control of Pollution)Act, 1981 for violations committed by them.
2) Directions of the Hon'ble NGT (SZ) on 19.12.2019 and its compliance
a) Directions issued to the TNPCB:
4The Hon'ble NGT (SZ), Chennai in its order Dated: 19.12.2019 in O. A. No. 99 of 2017 has directed the Tamil Nadu State Pollution Control Board to inspect the area in question to ascertain the extent of legacy waste still present in that area untreated and damage if any caused to environment on account of dumping of waste in that area due to leachate generated and percolation of the same to the soil and also assess the environmental compensation if any to be recovered and submit a report.
b) Directions issued to the Gobichettipalayam Municipality:
The Hon'ble NGT (SZ), Chennai in its order Dated: 19.12.2019 in O. A. No. 99 of 2017 has also directed the Gobichettipalayam Municipality to submit a detailed statement regarding the action taken by them for disposal of the legacy waste and also the manner in which the waste generated in their municipality is being collected and disposed off and any steps or action plan prepared by them for complying the direction of the Hon'ble NGT in O.A. No. 606/2018 for implementation of the Solid waste Management Rules, 2016 within a period of one month.
c) Compliance of the Directions by the TNPCB:
Accordingly, the site was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Perundurai on 10.01.2020 and the inspection report was submitted to the Board vide Letter No. DEE/TNPCB/PND/NGT Application No. 99 of 2017/MSW/2019 Dated:
20.01.2020.
d) Compliance of the Directions by the Gobichettipalayam Municipality:
The Gobichettipalayam Municipality has also submitted to the Hon'ble NGT, stating that no fresh waste is dumped in the said dump site and they were taking steps to dispose the same through Micro Compost yard and Bio- Methanation plant in the same place. Further, it was stated that they have already taken steps to dispose the legacy waste and have engaged an agency for that purpose by doing Biomining and as per the report of that agency, the work will be completed by 31.08.2020.
3) Directions of the Hon'ble NGT (SZ) on 27.01.2020 and its compliance Later, the Hon'ble NGT (SZ) in its Order Dated: 27.01.2020 in O. A No. 99 of 2017 has directed the first respondent Municipality to submit a progress report of the disposal of the legacy waste periodically and to file such report on 04.05.2020. The Hon'ble NGT (SZ) has also directed the Central Pollution Control Board (CPCB), Regional Office, Ministry of Environment, Forest and 5 Climate Change (MoEF& CC), Chennai and Tamil Nadu State Pollution Control Board (TNSPCB) to jointly take the responsibility of assessing environmental compensation, remedial measures required for improving the water quality in that area and also to take the assistance of any expert agency for this purpose, if desired. Further, the Hon'ble NGT (SZ) has nominated the TNPCB as the nodal agency for this purpose for coordination and providing necessary logistic support and directed the committee to submit the report before the next hearing scheduled earlier on 04.05.2020.
a) Compliance of the Directions by the TNPCB:
In accordance with the Directions of the Hon'ble NGT (SZ), the Board has constituted the Joint committee, comprising of the following members.
i) Dr. C. Kaliyaperumal, Director, Ministry of Environment, Forest and Climate Change (MoEF& CC), Regional Office (Chennai).
ii) Thiru. R. Rajkumar, Scientist, Central Pollution Control Board
iii) Thiru. R. Mathivanan, Joint Chief Environmental Engineer (M), TNPCB, Salem as Nodal Officer for the Joint Committee.
The terms of reference for the joint committee are as follows
i) To assess environmental compensation and the remedial measures for improving the water quality in the area which is seen contaminated due to the operation of the dumping ground.
ii) TNPCB to act as nodal agency for coordination and providing necessary logistic support.
iii) To submit report within a stipulated period of time as per Hon'ble NGT Orders.
b) Compliance of the Directions by the Gopichettipalayam Municipality:
As directed by the Hon'ble NGT (SZ), the Gopichettipalayam Municipality has submitted report to the Hon'ble NGT (SZ) on 02.06.2020, stating that around 3,600 m3 of Waste has been processed and the remaining work will be completed before November 2020. Further, it was stated by the Municipality that the delay has been caused due to lock down declared on account of COVID-19 Pandemic in the state.
4) Directions of the Hon'ble NGT (SZ) on 03.06.2020:
In the subsequent hearing on 03.06.2020, the Hon'ble NGT in O. A. No. 99 of 2017 has directed the committee to submit the report regarding the progress of the work that is going on and also the compliance as per 6 order dated 27.01.2020 and submit the report within a period of 3 months. The next hearing was scheduled on 04.09.2020.
5) Meetings of the Joint Committee:
A Preliminary meeting was conducted by the Joint Committee on 18.06.2020. Due to the COVID-19 pandemic situation, the meeting was conducted through video conference in Zoom App facility. After a detailed discussion, it was requested by the Committee Members to have a detailed power point presentation by Gobichettipalayam Municipality about bio mining method, status of work carried out in the site and progress made so far during the next meeting.
Accordingly, in the next meeting conducted on 05.08.2020 through video conference in Zoom App facility, Thiru. R. Thanumoorthy, Commissioner, Gobichettipalayam Municipality has given power point presentation regarding present status of Bio-mining activity carried out for legacy waste at Karattur compost yard Gobichettipalayam Municipality for all the Committee members. The committee has discussed in detail about the methods and facilities provided by the Gobichettipalayam Municipality for the collection and management of Municipal Solid Wastes and about the present status of biomining of legacy waste. Further, the committee members have requested the TNPCB officials to identify additional Sample locations around the dumpsite in all the directions and also to analyze the same through the Board's laboratory as well as a NABL accredited laboratory to assess additional parameters such as Phenolic compounds, heavy metals as per Municipal Solid Waste Management Rules, 2016.
a) Action taken by the TNPCB:
Based on the above, 10 additional sample locations were identified by the TNPCB officials around the Karattur Compost Yard, Gobichettipalayam in all the directions and well water samples were collected on 10.08.2020 at the following locations:
Sample Code Nature of
Sampling Points
No. Sample
GM - 1 Mr. Thirunavakarasu, S/o. Ramanandhan, Bore Well
Durai Bore Well Near Karattur Municipal Compost Yard, water
Gobichettipalayam
(SC. No. 302 - 002 - 750)
GM - 2 Municipal Bore Well Karattadipalayam Main Road, Bore Well
KaratturPillayarKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 1088)
GM - 3 Mr. Sreenivasan, Bore Well
7
M/s. Premier Modular Woodcrafts Co., No. water
44/76, PillayarKovil Street,
Gobichettipalayam
(SC. No. 302 - 002 - 0049)
GM - 4 Municipal Bore Well Bore Well
SakthiVinayagar Temple, Children's Park, water
TRR Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 518)
GM - 5 Ms. K. R. Sudhandira, W/o. M. Ravichandran, Bore Well
2E, TRR Nagar Main Road, water
Parvathy Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 906)
GM - 6 Emerald House Lodge, Open Well
Erode Main Road, Gobichettipalayam water
(SC. No. 302 - 002 - 122)
GM - 7 Ms. M. Vijayalakshmi, W/o. Murugan, Bore Well
7, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 208)
GM - 8 Mr. A. Arumugam, Open Well
No. 74, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 0029)
GM - 9 Mr. Sengottaiyan, (M/s. Raj Motors) Bore Well
No. 1F, Pariyur Main Road, water
Gobichettipalayam
(SC. No. 302 - 002 - 528)
GM - 10 Municipal Bore Well, Bore Well
Erode Main Road, MariammanKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 524)
The collected samples were handed over to the Advanced Environmental Laboratory, Tamilnadu Pollution Control Board, Salem and to NABL Accredited Lab M/s. GLENS Innovation Labs Pvt. Ltd., Chennai for the detailed analysis of open well and bore well samples for the following parameters as per Solid Waste Management Rules, 2016: pH, TSS, TDS, BOD, COD, Colour, Conductivity, Turbidity, Total Alkalinity, Oil & Grease, Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, 8 Lead, Mercury, Nickel, Nitrate as NO3, Iron, Total Hardness (as CaCO3), Phenolic Compounds (as C6H5OH), Zinc, Ammonical Nitrogen (as N), Total Kjeldahl Nitrogen (as N) and Sulphate (as SO4).
6) Consolidated Report of Analysis of Ground Water samples:
Ground Water Samples were collected by the TNPCB officials during July 2019, October 2019, January 2020, May 2020 and June 2020 from the Bore wells located in and around the Karattur Compost Yard, Gobichettipalayam.
Further, the Joint Committee in its meeting conducted through video conference on 05.08.2020 has decided to collect more Ground Water Samples around the said dump site of Gobichettipalayam Municipality in all the directions and to analyze the same through a NABL Accredited third party laboratory. Accordingly, additional Ground water samples were collected by the TNPCB officials on 10.08.2020 and analyzed through the NABL Accredited third party Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai.
The inference of the analysis report is already submitted to the Hon'ble National Green Tribunal (SZ), Chennai along with the Interim Report.
The consolidated Report of Analysis of the Ground water samples from the NABL Accredited Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai reveals that the Ground water samples at locations surrounding the dump site of Gobichettipalayam Municipality is not affected by the contamination of Heavy metals such as Arsenic, 6+ Cadmium, Chromium (as Cr ), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and it was observed that there is no impact on the surrounding groundwater quality due to the legacy waste dump site.
7) Ambient Air Quality Analysis:
The Ambient Air Quality survey was carried out on 20.07.2020 at four locations around the legacy waste dump site. The Report of Analysis of the Survey conducted at the legacy waste site by the District Environmental Laboratory, TNPCB, Perundurai reveals that the parameters SO2, NO2, PM10, PM2.5 are within the standards. The copy of 9 the ROA vide Lr.No. TNPC Bd/DEL/PND/AAQS & SM/F.No. MSWM/2020-21 dated: 31.07.2020 is enclosed vide Annexure-I.
8) Present Status of biomining:
Based on the site visits and analysis of records, it is observed that 19962 m (5978 m3 of coarse soil + 13518 m3 of fine soil + 209 m3 of RDF 3 + 257 m3 of other fractions) of legacy wastes is screened and disposed from Gobichettipalayam Biomining facility. This is about 49.90% of waste cleared from the total volume 40000 m3 to be cleared.
The progress report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University in December 2020 reveals that around 19962 m3 of legacy waste has been processed and disposed. Further, it was reported that some quantity of RDF is stacked at the site and yet to be dispatched.
The Centre of Environmental Studies, Department of Civil Engineering, Anna University, Chennai in its Progress Report prepared in December 2020 has recommended to implement the following.
(i) The receipt of the acceptance and delivery challan for RDF from the end user should include the Name of the supplier and Name of the site from where the RDF is received.
(ii) Ambient Air Quality Survey should be conducted at site during the operations and the results of the same should be submitted at the earliest as in the given format.
The detailed Progress Report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University, Chennai is submitted vide Annexure - II.
9) Progress of the Biomining Work:
The ongoing Biomining work involves the following processes.
a) The garbage dumped over these many years is excavated using suitable Mechanical excavators, control of odour, if any, with sanitizing inoculums, stabilizing the biodegradable wastes by heaping.
b) The excavated solid waste is transported to the biomining processing facility located adjacent to the legacy waste dump yard.
c) Mechanical screen (40 mm screen - 1 No.) is used to sieve the excavated waste and processed materials into recoverable fractions. Subsequently, the waste fractions such as plastic, textiles, tyre, rubber etc., are separated manually.10
d) One vibrating screen is installed to separate the fine fractions, inerts. The bio earth and compost are stored in separate place for further disposal.
e) The incinerables are used as refuse derived fuel in waste to energy plant or cement plant. The coarse inert fraction are disposed by filling of low lying areas, road embankment etc. RDF is being disposed to M/s. Ultra Tech Cement Limited, Ariyalur, M/s. Dalmia Cements, Ariyalur and M/s Associated Cement Company, Madhukarai, Coimbatore to utilize it for Co-incineration. Other fractions such as Glass, Hard plastics, Chappals and Tyre fraction is disposed to local vendors viz. M/s. Shakthi Plastics, M/s. Iniya traders, Erode to utilize it for recycling purpose.
Order of the Hon'ble NGT (SZ), Chennai dated: 30.09.2020:
1. The Hon'ble National Green Tribunal (SZ), Chennai has granted some more time to the Committee as well as to the 1st Respondent to submit the final report and also the progress report regarding the Recommendations made by them.
2. The TNPCB shall file independent report regarding the action taken for non-
compliance of the directions given by the Principal Bench of National Green Tribunal on O.A No. 606 of 2018 by the 1 st Respondent Municipality.
Conclusion & Recommendations:
1. The fresh waste generated in the Municipality area is segregated, collected, organic waste is transported to MCC and converted into biocompost and biogas. The other non-compostable waste is disposed as per Solid Waste Management Rules, 2016.
2. The Gobichettipalayam Municipality was having 40000 m3 of legacy waste accumulated over the period of 60 years. At present, the Municipality has processed and disposed 19962 m3 of legacy waste as on 10.12.2020 as per the report furnished by The Centre for Environmental Studies, Department of Civil Engineering, Anna University, Chennai. The Municipality has to process 20038 m3 of balance legacy waste.
3. The Gobichettipalayam Municipality shall stop manual segregation of waste coming out from 40 mm trommel and to install additional mechanical trommels for the removal of waste fractions as per Central Pollution Control Board guidelines.
4. The Municipality has requested a further period of two months time i.e. up to 28.02.2021 for processing the balance quantity of the legacy waste and requested not to levy Environmental Compensation vide its letter dated:
05.01.2021. The Municipality has informed that additional trommel of 200 11 m3/day will be installed and commissioned from 01.02.2021 to complete the biomining of legacy waste without further delay.
5. Considering the progress shown by the Municipality in the disposal of legacy waste, a further period of two months i.e. up to 28.02.2021 may be granted for the completion of the processing of the legacy waste.
6. The Committee's opinion is that Environmental Compensation need not be imposed at this stage. However if the Municipality fails to complete the processing and disposal of the balance quantity of legacy waste before 28.02.2021 as committed, Environmental Compensation may be levied as per the Orders of the Hon'ble National Green Tribunal (PB) in O.A No. 606 of 2018."
4. We have also received an independent report submitted by the Tamil Nadu Pollution Control Board (TNPCB) as directed by this Tribunal which reads as follows:-
"Report of the Joint Chief Environmental Engineer(Monitoring), TNPCB, Salem in connection with the O.A.No. 99 of 2017 filed before Hon'ble NGT (SZ) by Mr. R. Dinesh regarding the dumping of Municipal Solid Waste by the Gobichettipalayam Municipality, Erode District, Tamil Nadu.
The Hon'ble National Green Tribunal (SZ), Chennai vide its order dated: 30.09.2020 has directed the TNPCB to file an independent report regarding the action taken for non-compliance of the directions given by the Principal Bench of National Green Tribunal on O.A No. 606 of 2018 by the 1st Respondent, Gobichettipalayam Municipality. In this connection, the following report is submitted.
1) Brief introduction about the Gobichettipalayam Municipality MSW Disposal and O A No. 99/2017 filed in Hon'ble NGT (SZ):
Gobichettipalayam Municipality is a Selection Grade Municipality in Erode District, Tamilnadu with an extent of 7.5 sq. km and has total population of 59523 as per census 2011. The current population of 63472 is distributed in 30 Wards. At present, total quantity of solid waste generated from the Municipality is 22 T/day.
The Commissioner, Gobichettipalayam Municipality has obtained Authorization vide Proc. No. JCEE/SLM/TNPCB/SWM/F.07/PND/2019 Dated: 12/04/2019 for processing, recycling, treatment and disposal of municipal solid wastes of 22 MT/day under the Solid Waste Management 12 Rules, 2016 for the period upto 31.03.2020 for carrying out processing/ recycling/ treatment/ disposal facility for the municipal solid waste generated at the following locations:
(i) Micro Composting Centre at Ramar Extension, T. S. No. 1, 4, Ward B, Block 15 (Old S.F. No. 15 B, 16 A pt, 16 B pt), Gobichettipalayam - 4 MT
(ii) Micro Composting Centre at Nayakankadu, T. S. No. 7, Ward D, Block 4 (Old S. F. No. 185 pt), Gobichettipalayam - 3 MT
(iii) Bio Methanation Plant at Nayakankadu, T. S. No. 2, Ward D Block 5 (Old S. F. No. 180 pt), Gobichettipalayam - 2 MT In the past, the Gobichettipalayam Municipality has dumped the solid waste collected from the municipal area in Karattur Compost Yard located at T. S. No. 2 & 7, Ward D, Block 4 & 5 Gobichettipalayam in an extent of 1.94 Acres. Later, the Gobichettipalayam Municipality has engaged M/s. Aicon Surveys Private Limited, Puducherry in March 2015 to find the quantity of legacy waste dumped at the Karattur compost yard. The volume of legacy waste at the dump yard was found to be 40,000 m3. In the Karattur Compost Yard apart from the dumped legacy waste, one Micro Composting Centre (MCC) - 3 T Capacity and one Biomethanation Plant - 2 T Capacity is located within the premises.
Subsequently, the Gobichettipalayam Municipality has entrusted the work of Reclamation of existing dump site located at Karattur Compost Yard to M/s. Sri Sivaraman & Co, Gobichettipalayam vide letter ROC No. 3395/2015/E1 Dated: 30.10.2018 for the removal of the legacy waste of 40000 m3 through bio-mining process on Design, Build, Own and Operate (DBOO) basis at the cost of Rs. 2,67,80,000/- (at the rate of Rs. 639 per m3).
M/s. Sri Sivaram & Co., Gobichettipalayam has made MoU with M/s. Ultra Tech Cement Limited, Ariyalur to utilize plastic waste recovered from bio-mining process for Co-incineration purposes and has made MoU with M/s. Iniya Traders, Erode for disposal of Glass fraction for recycling purposes.
The Gobichettipalayam Municipality has also engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the work by periodic site visits, volume measurements, observations at the site and review of records. A team from Centre for Environmental Studies (CES), Anna University visited the site to assess the progress of Biomining operations on 26 July 2019, 24 August 2019 and 30 October 2019. As per the Progress Report furnished by the 13 team, the cumulative volume of legacy waste processed through Biomining is around 1337 m3 as on November 2019.
In the mean time, an Application was filed by the Applicant, Mr. R. Dinesh, S/o. M. S. Ramasamy, residing at No. 6, Parvathy Nagar, Pudupalayam, GobichettipalayamTaluk, Erode District, Tamil Nadu before the Hon'ble NGT (SZ) vide O.A. No. 99 of 2017.
2) Directions of the Hon'ble NGT (SZ) on 19.12.2019 and its compliance
a) Directions issued to the TNPCB:
The Hon'ble NGT (SZ), Chennai in its order Dated: 19.12.2019 in O. A. No. 99 of 2017 has directed the Tamil Nadu State Pollution Control Board to inspect the area in question to ascertain the extent of legacy waste still present in that area untreated and damage if any caused to environment on account of dumping of waste in that area due to leachate generated and percolation of the same to the soil and also assess the environmental compensation if any to be recovered and submit a report.
b) Directions issued to the Gobichettipalayam Municipality:
The Hon'ble NGT (SZ), Chennai in its order Dated: 19.12.2019 in O. A. No. 99 of 2017 has also directed the Gobichettipalayam Municipality to submit a detailed statement regarding the action taken by them for disposal of the legacy waste and also the manner in which the waste generated in their municipality is being collected and disposed off and any steps or action plan prepared by them for complying the direction of the Hon'ble NGT in O.A. No. 606/2018 for implementation of the Solid waste Management Rules, 2016 within a period of one month.
c) Compliance of the Directions by the TNPCB:
Accordingly, the site was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Perundurai on 10.01.2020 and the inspection report was submitted to the Board vide Letter No. DEE/TNPCB/PND/NGT Application No. 99 of 2017/MSW/2019 Dated:
20.01.2020.
d) Compliance of the Directions by the Gobichettipalayam Municipality:
The Gobichettipalayam Municipality has also submitted to the Hon'ble NGT, stating that no fresh waste is dumped in the said dump site and they were taking steps to dispose the same through Micro Compost yard and Bio-Methanation plant in the same place. Further, it was stated that they have already taken steps to dispose the legacy waste and have engaged an agency for that purpose by doing Biomining and as per the report of that agency, the work will be completed by 31.08.2020.14
3) Directions of the Hon'ble NGT (SZ) on 27.01.2020 and its compliance Later, the Hon'ble NGT (SZ) in its Order Dated: 27.01.2020 in O. A No. 99 of 2017 has directed the first respondent Municipality to submit a progress report of the disposal of the legacy waste periodically and to file such report on 04.05.2020. The Hon'ble NGT (SZ) has also directed the Central Pollution Control Board (CPCB), Regional Office, Ministry of Environment, Forest and Climate Change (MoEF& CC), Chennai and Tamil Nadu State Pollution Control Board (TNSPCB) to jointly take the responsibility of assessing environmental compensation, remedial measures required for improving the water quality in that area and also to take the assistance of any expert agency for this purpose, if desired. Further, the Hon'ble NGT (SZ) has nominated the TNPCB as the nodal agency for this purpose for coordination and providing necessary logistic support and directed the committee to submit the report before the next hearing scheduled earlier on 04.05.2020.
a) Compliance of the Directions by the Gopichettipalayam Municipality:
As directed by the Hon'ble NGT (SZ), the Gopichettipalayam Municipality has submitted report to the Hon'ble NGT (SZ) on 02.06.2020, stating that around 3,600 m3 of Waste has been processed and the remaining work will be completed before November 2020. Further, it was stated by the Municipality that the delay has been caused due to lock down declared on account of COVID-19 Pandemic in the state.
4) Directions of the Hon'ble NGT (SZ) on 03.06.2020:
In the subsequent hearing on 03.06.2020, the Hon'ble NGT in O. A. No. 99 of 2017 has directed the committee to submit the report regarding the progress of the work that is going on and also the compliance as per order dated 27.01.2020 and submit the report within a period of 3 months. The next hearing was scheduled on 04.09.2020.
a) Action taken by the TNPCB:
Ten additional sample locations were identified by the TNPCB officials around the Karattur Compost Yard, Gobichettipalayam in all the directions and well water samples were collected on 10.08.2020 at the following locations:
Sample Code Nature of
Sampling Points
No. Sample
GM - 1 Mr. Thirunavakarasu, S/o. Ramanandhan, Bore Well
Durai Bore Well Near Karattur Municipal Compost Yard, water
Gobichettipalayam
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(SC. No. 302 - 002 - 750)
GM - 2 Municipal Bore Well Karattadipalayam Main Road, Bore Well
KaratturPillayarKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 1088)
GM - 3 Mr. Sreenivasan, Bore Well
M/s. Premier Modular Woodcrafts Co., No. water
44/76, PillayarKovil Street,
Gobichettipalayam
(SC. No. 302 - 002 - 0049)
GM - 4 Municipal Bore Well Bore Well
SakthiVinayagar Temple, Children's Park, water
TRR Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 518)
GM - 5 Ms. K. R. Sudhandira, W/o. M. Ravichandran, Bore Well
2E, TRR Nagar Main Road, water
Parvathy Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 906)
GM - 6 Emerald House Lodge, Open Well
Erode Main Road, Gobichettipalayam water
(SC. No. 302 - 002 - 122)
GM - 7 Ms. M. Vijayalakshmi, W/o. Murugan, Bore Well
7, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 208)
GM - 8 Mr. A. Arumugam, Open Well
No. 74, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 0029)
GM - 9 Mr. Sengottaiyan, (M/s. Raj Motors) Bore Well
No. 1F, Pariyur Main Road, water
Gobichettipalayam
(SC. No. 302 - 002 - 528)
GM - 10 Municipal Bore Well, Bore Well
Erode Main Road, MariammanKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 524)
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The collected samples were handed over to the Advanced Environmental Laboratory, Tamilnadu Pollution Control Board, Salem and to NABL Accredited Lab M/s. GLENS Innovation Labs Pvt. Ltd., Chennai for the detailed analysis of open well and bore well samples.
The consolidated Report of Analysis of the Ground water samples from the NABL Accredited Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai reveals that the Ground water samples at locations surrounding the dump site of Gobichettipalayam Municipality is not affected by the contamination of Heavy metals such as Arsenic, 6+ Cadmium, Chromium (as Cr ), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and it was observed that there is no impact on the surrounding groundwater quality due to the legacy waste dump site.
5) Ambient Air Quality Analysis:
The Ambient Air Quality survey was carried out on 20.07.2020 at four locations around the legacy waste dump site. The Report of Analysis of the Survey conducted at the legacy waste site by the District Environmental Laboratory, TNPCB, Perundurai reveals that the parameters SO2, NO2, PM10, PM2.5 are within the standards. The copy of the ROA vide Lr.No. TNPC Bd/DEL/PND/AAQS & SM/F.No. MSWM/2020-21 dated: 31.07.2020 is enclosed vide Annexure-I.
6) Present Status of biomining:
Based on the site visits and analysis of records, it is observed that 19962 m (5978 m3 of coarse soil + 13518 m3 of fine soil + 209 m3 of RDF 3 + 257 m3 of other fractions) of legacy wastes is screened and disposed from Gobichettipalayam Biomining facility. This is about 49.90% of waste cleared from the total volume 40000 m3 to be cleared.
The progress report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University in December 2020 reveals that around 19962 m3 of legacy waste has been processed and disposed. Further, it was reported that some quantity of RDF is stacked at the site and yet to be dispatched.
The Centre of Environmental Studies, Department of Civil Engineering, Anna University, Chennai in its Progress Report prepared in December 2020 has recommended to implement the following.17
(i) The receipt of the acceptance and delivery challan for RDF from the end user should include the Name of the supplier and Name of the site from where the RDF is received.
(ii) Ambient Air Quality Survey should be conducted at site during the operations and the results of the same should be submitted at the earliest as in the given format.
The detailed Progress Report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University, Chennai is submitted vide Annexure - II.
7) Progress of the Biomining Work:
The ongoing Biomining work involves the following processes.
a) The garbage dumped over these many years is excavated using suitable Mechanical excavators, control of odour, if any, with sanitizing inoculums, stabilizing the biodegradable wastes by heaping.
b) The excavated solid waste is transported to the biomining processing facility located adjacent to the legacy waste dump yard.
c) Mechanical screen (40 mm screen - 1 No.) is used to sieve the excavated waste and processed materials into recoverable fractions. Subsequently, the waste fractions such as plastic, textiles, tyre, rubber etc., are separated manually.
d) One vibrating screen is installed to separate the fine fractions, inerts. The bio earth and compost are stored in separate place for further disposal.
e) The incinerables are used as refuse derived fuel in waste to energy plant or cement plant. The coarse inert fraction are disposed by filling of low lying areas, road embankment etc. RDF is being disposed to M/s. Ultra Tech Cement Limited, Ariyalur, M/s. Dalmia Cements, Ariyalur and M/s Associated Cement Company, Madhukarai, Coimbatore to utilize it for Co-incineration. Other fractions such as Glass, Hard plastics, Chappals and Tyre fraction is disposed to local vendors viz. M/s. Shakthi Plastics, M/s. Iniya traders, Erode to utilize it for recycling purpose.
Conclusion & Recommendations:
1) The fresh waste generated in the Municipality area is segregated, collected, organic waste is transported to MCC and converted into biocompost and biogas. The other non-compostable waste is disposed as per Solid Waste Management Rules, 2016.
2) The Gobichettipalayam Municipality was having 40000 m3 of legacy waste accumulated over the period of 60 years. At present, the Municipality has 18 processed and disposed 19962 m3 of legacy waste as on 10.12.2020 as per the report furnished by The Centre for Environmental Studies, Department of Civil Engineering, Anna University, Chennai. The Municipality has to process 20038 m3 of balance legacy waste.
3) The Gobichettipalayam Municipality shall stop manual segregation of waste coming out from 40 mm trommel and to install additional mechanical trommels for the removal of waste fractions as per Central Pollution Control Board guidelines.
4) The Municipality has requested a further period of two months time i.e. up to 28.02.2021 for processing the balance quantity of the legacy waste and requested not to levy Environmental Compensation vide its letter dated:
05.01.2021. The Municipality has informed that additional trommel of 200 m3/day will be installed and commissioned from 01.02.2021 to complete the biomining of legacy waste without further delay.
5) Considering the progress shown by the Municipality in the disposal of legacy waste, a further period of two months i.e. up to 28.02.2021 may be granted for the completion of the processing of the legacy waste.
6) Environmental Compensation need not be imposed at this stage. However if the Municipality fails to complete the processing and disposal of the balance quantity of legacy waste before 28.02.2021 as committed, Environmental Compensation may be levied as per the Orders of the Hon'ble National Green Tribunal (PB) in O.A No. 606 of 2018."
5. The learned counsel appearing for the 1st respondent submitted that they have already filed a status report with a tabular column stating that the entire legacy waste will be processed before March-2021, but we have not received such report so far. We are not able to agree with the observation made by the committee as well as the Pollution Control Board that in view of the progress of the work undertaken by the 1 st respondent, there is no necessity to impose any environmental compensation at this stage.
6. It may be mentioned here that it is against the directions issued by the 19 Principal Bench of National Green Tribunal, New Delhi in O.A. No.606/2018 and if any of the local bodies were not able to comply with the direction within the time line provided in that order, then their remedy is to approach the Principal Bench for extension of time and this Bench cannot grant extension, contrary to the orders passed by the Principal Bench in this regard which is being considered in a PAN India basis regarding the implementation of the Solid Waste Management Rules and periodical directions are being given including direction to the Pollution Control Board to take steps against the violating local bodies as such.
7. So under such circumstances, the Pollution Control Board as well as the Joint Committee are directed to file a further report in compliance with the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606/2018 regarding the imposition of environmental compensation for non-compliance of the directions issued by the Tribunal within the time frame fixed by the Principal Bench before the next hearing date.
8. The Gopichettipalayam Municipality is also directed to file a further progress report regarding the disposal of the legacy waste in their area before the next hearing date.
9. They are directed to submit the respective reports before this Tribunal on or before 05.03.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with the 20 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 1st respondent, Gopichettipalayam Municipality by e-mail immediately so as to enable them to comply with the direction.
11. For consideration of further report, post on 05.03.2021.
.......................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.99/2017, 07th January, 2021. Mn.
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