National Green Tribunal
K. Nagappa Son Of Koneetappa vs Union Of India Rep By Its Secretary on 5 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.6:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 162 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
K. Nagappa ... Applicant(s)
Versus
Union of India & Ors. ...Respondent(s)
Date of hearing: 05.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. Sai Sathya Jith.
For Respondent(s): M/s. M. Sumathi for R1, R2.
M/s. S.N. Parthasarathi for R3,4, 6 & 7.
M/s. C. Kasirajan through
M/s. Meena for R5.
M/s. N. Suburayulu for R8.
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ORDER
1. As per order dated 03.01.2020, after considering the pleadings as well as the report submitted by the Pollution Control Board, this tribunal had directed the Pollution Control Board to submit the present status of dumping ground as well as the functioning of bio-methanization plant. We have also directed the Pollution Control Board to assess extent of legacy waste available in the dumping ground and the action taken by the municipal corporation to clear the same and also the status of implementation of the directions given by the Principle Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018. The Pollution Control Board is also directed to submit a report regarding suitability of a site for establishment of bio-methanization plant and whether the place is suitable and whether any remedial measures will have to be taken, even if there is any possibility of pollution to be caused to minimize the pollution and make it environmental friendly and posted the case to 05.03.2020 for consideration of report.
2. On 05.03.2020, at the request of the parties, the matter was adjourned to 25.03.2020 and on 25.03.2020, it was adjourned to 14.07.2020 by notification. On 14.07.2020, it was adjourned as sitting could not be possible due to technical problem to today.
23. When the matter came up for hearing today through Video Conference, Sri. Sai Sathya Jith represented the applicant. Smt. Sumathi represented respondents 1 & 2, Sri. S.N. Parthasarathi represented respondents No.3, 4, 6, & 7, Sri. C. Kasirajan through M/s. Meena represented fifth respondent and Sri. N. Suburayulu represented eighth respondent.
4. We have received an earlier status report dated 18.03.2020 which reads as follows:-
"STATUS REPORT OF TAMIL NADU POLLUTION CONTROL BAORD IN THE MATTER OF APPLICATION No. 162 of 2016 (SZ) SUBMITTED BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI.
The applicant namely Thiru. K.Nagappa S/o. Goneetappa, 3/84, Dasarapalli village, Muthali Po, Hosur Taluk, Krishnagiri District has filed the application dated 14.7.2016 before the Hon‟ble NGT, Chennai in O.A. No. 162 of 2016 (SZ) against the Union of India and 7 others seeking the following reliefs i) For bearing the respondent authorities from constructing the Bio Gas plant without prior environmental clearance in the lands situated at SF No.45, Dasarapalli village, Muthali Panchayat, Hosur Taluk, Krishnagiri District. ii) Forbearing the respondent authorities from dumping and burning of garbage and waste in the said land situated at SF No.45, Dasarapalli village, Muthali Panchayat, Hosur Taluk, Krishnagiri District and direct the respondent authorities to remove the garbage and wastes in respect of the land situated at SF 3 No.45, Dasarapalli village, Muthali Panchayat, Hosur Taluk, Krishnagiri District.
After having gone through the earlier reports submitted by the respondent authorities, the National Green Tribunal, Southern Zone, Chennai in its order dated 3.1.2020 has issued the following directions to submit the present status report regarding the above matter.
"Hosur Municipality and Tamil Nadu Pollution Control Board (TNPCB) are directed to submit the present status of dumping ground as well as functioning of Bio- Methanation plant.
The Tamil Nadu Pollution Control Board (TNPCB) is also directed to assess the extent of legacy waste available in the dumping ground and steps taken by the Municipality to clear the same and they are also directed to report as to whether any steps have been taken by the Municipality to apply the bio-mining process as directed by the National Green tribunal, Principal Bench, New Delhi in O.A. No.606 of 2018 on the basis of Indore Model wherever it is practiceabe or any method orr any alternate method by which the legacy waste is being scientifically disposed off.
The Hosur Municipality as well as Tamil Nadu Pollution Control Board (TNPCB) is directed to submit their status report on the directions given above within a period of two months.
Tamil Nadu Pollution Control Board (TNPCB) is directed to consider the question of suitability of site for establishment of Bio-Methanization scheme and whether the place is suitable and whether any remedial measure can be taken even if there is possibility of some pollution and what is remedial measures taken to minimize the pollution and make it eco friendly."
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Subsequently, based on the orders of the Hon‟ble NGT, Chennai, the location was inspected by the officials of TNPC Board on 11.3.2020 alongwith the officials from the Hosur Corporation, Hosur.
It is submitted that based on the inspection carried out in the location, the following Status Report is submitted to the Hon‟ble NGT, Chennai.
Municipal Solid Waste- Dumping site at Dasepalli village.
1. Hosur is a City Municipal Corporation located in the Krishnagiri district of Tamil Nadu. It is located at a distance of about 40 km from Bangalore with a population of 2,45,354 as per Census India 2011 at an Extent of 72.41 Sq.Km. It is an industrial hub for several automobile and manufacturing industries. The Hosur Corporation generates about 72 tons of municipal solid wastes (MSW) per day. The solid waste dumping Yard is situtated at Dasepalli Village of Hosur Taluk which is located at about 15Km East of Hosur Town.
2. It was ascertained that the Hosur Corporation has taken steps to apply the bio mining process as directed by the Hon‟ble NGT, Principal Bench, New Delhi in O.A.No.606 /2018 on the basis of Indore model to dispose the dumped solid wastes in a scientific manner.
3. It was ascertained that the Hosur Corporation has engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant which has estimated the total quantity of legacy waste available at the MSW dumping site at Dasepalli was 1,28,196 Cum as on 27.11.2017 which was subsequently endorsed by Government of Tamil 5 Nadu vide its G.O.No.21, Municipal Administration and water Supply (MA.IV) Department dated 14.3.2018. The copy of the GO is enclosed herewith vide Annexure-1.
4. It was ascertained that based on the subsequent approval of the Commissioner of Municipal Administration, Government of Tamil Nadu on 14.3.2018 under Swachh Bharath Mission scheme, the Hosur Corporation has tendered and engaged M/s. Essarams Biotech, Namakkal for the partial removal of the quantity of legacy waste of 1,02,968 Cum dumped in the Dasepalli MSW dumping site at an Estimated Cost of Rs.665.00 Lakhs through bio- mining process on Design, Build, Own and Operate (DBOO) basis.
5. The Hosur Corporation has engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the progress of work by periodic site visits, observations at the site and review of records and the team of Anna University visited the site latest to assess the progress of bio mining operations on 3.2.2020.
6. The Hosur Corporation authorities have stated that the bio mining works were commenced on 23.10.2018 and stated that a quantity of 14,406 Cum legacy waste has been processed and removed from the Dasepalli MSW dumping site as on 29.2.2020.
7. During inspection on 11.3.2020, it was observed a portion of dumped solid waste of about 11% only (14,406 Cum) has been processed and removed as on 29.2.2020 from the huge heap at present through bio mining process and the remaining 89% of solid 6 wastes (1,13,790 Cum) are yet to be processed through bio mining activity. Not much of odour and fly nuisance was noticed in the vicinity of the dumping site. No burning of the municipal solid wastes was observed to be carried out in the said MSW dumping site.
8. The process of bio mining activity consists of the following steps. The removed garbage from the existing dump of solid waste is fed into conveyor belt to segregate the recoverable fractions such as recyclables (metal and glass), fine fraction (soil/compost), incinerable fractions (such as plastics, textile, tyre, rubber, etc), inerts (stone, bricks and construction debris) and hazardous wastes (batteries, containers of toxic materials, tube lights, etc). The recyclables are to be sold to authorized scrap dealers. The coarse fine fraction and inerts are to be used for land filling in low lying areas and the fine fraction to be used as compost or soil cover for landfills. The incinerables to be used as refuse drive fuel (RDF) in waste to Energy plant or Cement plant. The hazardous wastes to be disposed at the nearby centralized Hazardous wastes treatment storage facility.
9. During inspection on 11.3.2020, it was observed that the removal of the dumped wastes from the Dasepalli site was under progress and bio mining works were being carried out in the bio mining facility by screening through 2 Trommels of screen size of 30 mm and 5 mm in series continuously.
10. The Hosur Corporation authorities have stated that the incinerables obtained as >30mm (RDF) are being sent to the Cement plants at Kadappa and Sankari.
7The coarse fine fraction > 5 mm and inerts are being used for land filling in low lying areas and the fine fraction < 5 mm are being used as compost or soil cover for landfills.
11. The Hosur Corporation authorities have stated that the balance dumped Municipal Solid Wastes of 1,13,790 Cum at Dasepalli dumpsite would be cleared through the bio mining process by speeding the action before 31.12.2020.
12. It was stated by the Hosur Corporation authorities that all the total garbage wastes generated daily of about 72 T / Day from Hosur Corporation limits are now being sent to the 11 numbers of the Micro Composting Centres (MCC) provided in the Corporation area for segregation and disposal. It is submitted that TNPCB has already granted authorization under Solid waste Management Rules, 2016 to the Hosur Corporation on 10.4.2019 to operate the SWM facility of 11 Micro Composting Centres for processing, recycling, treatment and disposal of Municipal Solid wastes of 72 T/day. The copy of the MSW Authorisation issued from the TNPCB dated 10.4.2019 is enclosed vide Annexure-2. It is submitted that all the 11 Micro Composting Centres are under operation at present processing the solid wastes of Hosur Corporation area.
13. It was stated by the Hosur Corporation authorities that after having provided the 11 Micro Composting Centers in the Corporation area, no solid wastes are now being sent for dumping in the Dasepalli MSW dumping site.
Bio Methanaisation cum Bio-CNG Bottling Plant 8
1. The Bio Methanaisation cum Bio-CNG Bottling Plant owned by the Hosur Corporation is located in an extent of 0.36 Hectares at SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District on the western side of the existing MSW dumping site and the same is separated by a public road leads to Dasapalle village.
2. It is stated that the said plant is surrounded by dry Agricultural lands on northern and western sides, existing windrow composting yard on southern side followed by dry Agricultural lands and existing village road to Dasapalle village and existing MSW dumping site (SF No.45/5) on eastern side.
3. It was observed that no habitations, schools and Religious places are located within 500 m radius of the location of this Bio Methanaisation plant at SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District.
4. It is stated that the location of the plant namely SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District which comes under the local body jurisdiction of Hosur Panchayat Union, Hosur Taluk, Krishnagiri District.
5. It is stated that the location of SF.No. 45/3 of Dasapalli village, Hosur Taluk, Krishnagiri District has been classified as „Non-Planned area‟ under land use classification by the Directorate of Town and Country Planning, Government of Tamil Nadu. The copy of the Land use classification certificate obtained online from the DTCP is enclosed vide Annexure-3.
6. In view of the above, it was ascertained that the location was found suitable for the establishment of Bio Methanaisation plant and hence Consent for 9 Establishment (CTE) for setting up of the plant was issued from TNPC Board under the Water (Prevention & Control of Pollution) Act, 1974 as amended (Water Act) and under the Air (Prevention & Control of Pollution) Act, 1981 as amended (Air Act) on 9.12.2016 valid upto 8.12.2021 for the production of Bio-CNG Bottling in 10 Kg Capacity Cylinder -40 Nos/day and captive power generation (Natural Gas Gen set- 10 KVA/ day subject to the conditions to comply with.
7. It is stated that CTE was issued to the plant under Water Act on 9.12.2016 subject to the condition among other conditions that the unit shall provide the ETP as proposed for the dewatering of the digested sludge and ensure that the filtrate is completely recycled back in the process. It is stated that CTE was issued to the plant under Air Act on 9.12.2016 subject to the condition among other conditions that the unit shall provide the Air Pollution Control measures for the purification of Methane gas and flare arrangement with stack as proposed so as to achieve the Ambient Air Quality standards prescribed by the Board. The copy of the CTE issued from the TNPCB dated 9.12.2016 is enclosed vide Annexure-4.
8. It is stated that the Bio Methanaisation cum Bio-CNG Bottling Plant has also obtained the license to fill the Bio-CNG in cylinders from the Petroleum & Explosives Safety Organization (PESO), Nagpur on 3.10.2019. The copy of the certificate obtained from the PESO is enclosed vide Annexure-5.
9. During inspection of the Bio Methanaisation cum Bio- CNG Bottling Plant on 11.3.2020, it was observed 10 that the establishment of Bio Methanaisation plant has been completed and was under operation.
10. The process in the Bio-Methanaisation plant consists of receipt of bio-decomposable waste of 10 T/Day from the 11 Micro Composting centres, feeding the wastes in the screw conveyor, shredding in the Shredder with hopper, pouring the wastes in the digester, collecting the gas and passing it through enricher to segregate CO2, utilizing the segregated CO2 in the Digester to increase the Methane value, Collecting the Bio-Gas (CH4) and storing in storage balloon, Passing it in the High pressure Compressor, Filling in the Bio-CNG Cylinders of 10 Kg and loading the cylinders for dispatch for utilizing it as fuel.
11. During inspection on 11.3.2020, it was observed that the unit has installed the ETP for the treatment of trade effluent for recycling and has provided the Air Pollution Control measures for the purification of Methane gas and flare arrangement with stack so as to achieve the Ambient Air Quality standards prescribed by the Board. The ETP and the APC measures were under operation.
12. It was stated by the Hosur Corporation authorities that the Bio- methanation cum Bio-CNG bottling plant was established at a cost of Rs. 190 Lakhs which is under operation on DBFOT basis including operation and maintenance for 20 years.
13. It was observed that after complying the conditions of the CTE issued by the Board, the Hosur Corporation authorities has now filed application for obtaining Consent to operate(CTO) of the TNPC Board under Water and Air Acts on 12.3.2020. It is submitted that the issue of CTO of the Board is under 11 process and would be issued to the Hosur Corporation authorities within 15 days.
District Environmental Engineer, Tamil Nadu Pollution Control Board, Hosur.
Enclosures:
1. Copy of the GO Ms No.121 dated 27.11.2017.
2. Copy of the MSW Authorisation issued from the TNPCB dated 10.4.2019.
3. Copy of the Land use classification certificate obtained online from the DTCP.
4. Copy of the CTE issued from the TNPCB dated 9.12.2016.
5. Copy of the certificate obtained from the PESO dated 3.10.2019."
5. Subsequently, we also received another status report during August 2020 which reads as follows:-
"2. It is respectfully submitted that the Hon‟ble NGT has passed order dated 03.01.2020 and directed as follows:-
"The Hosur Municipality as well as Tamil Nadu State Pollution Control Board (TNPCB) are directed to submit their status report on the directions given above within a period of two months".
3. It is respectfully submitted that in pursuance to the above said NGT order, the solid waste dumping yard situated at Dasepalli Village of Hosur Taluk was inspected by the officials of the Tamil Nadu Pollution Control Board on 11.3.2020 and 22.7.2020 along with the officials from the Hosur Corporation, Hosur.
4. It is respectfully submitted that, the following were observed during the inspection of the site.
12Municipal Solid Waste- Dumping site at Dasepalli village.
i. Hosur City Municipal Corporation is located in the Krishnagiri District of Tamil Nadu. It is at a distance of about 40 km from Bangalore with a population of 2,45,354 as per Census India 2011over an extent of 71.92 Sq.Km. It is an industrial hub for several automobile and manufacturing industries. The Hosur Corporation generates about 72 tons of municipal solid wastes (MSW) per day. A solid waste dumping Yard is situated at Dasepalli Village of Hosur Taluk, which at a distance of about 15 Km East of Hosur Town, where the municipal solid wastes from Hosur Corporation is dumped.
ii. It was ascertained that, the Hosur Corporation has taken steps to apply for the bio mining process of the dumpsite as directed by the Hon‟ble NGT, Principal Bench, New Delhi in O.A.No.606 /2018 on the basis of Indore model to dispose the dumped solid wastes in a scientific manner.
iii. It was ascertained that the Hosur Corporation has engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant, which has estimated that the total quantity of legacy waste available at the MSW dumping site at Dasepalli was 1,28,196 cu.m as on 27.11.2017 which was subsequently endorsed by the Government of Tamil Nadu vide its G.O.No.21, Municipal Administration and water Supply (MA.IV) Department dated 14.3.2018. The copy of the Government order (GO) is submitted herewith as Annexure-1.
iv. It was ascertained that based on the subsequent approval of the Commissioner of Municipal 13 Administration, Government of Tamil Nadu on 14.3.2018 under Swachh Bharath Mission scheme, the Hosur Corporation has tendered and engaged M/s. Essarams Biotech, Namakkal for the partial removal of the quantity of legacy waste of 1,02,968 cu.m dumped in the Dasepalli MSW dumping site at an estimated cost of Rs.665.00 Lakhs through bio-mining process on Design, Build, Own and Operate (DBOO) basis. v. The Hosur Corporation has engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the progress of work by periodic site visits, observations at the site and review of records, A team from Anna University visited the site on 03.02.2020 to assess the progress of bio mining operations.
vi. The Corporation has reported that the bio mining works were commenced on 23.10.2018 and a quantity of 18,000 cu.m legacy waste has been processed and removed from the Dasepalli MSW dumping site as on 23.7.2020 (till date).
vii. During inspection on 22.7.2020, it was observed that a portion of dumped solid waste of about 14% only (18,000 cu.m) has been processed and removed through bio mining process and the remaining 86% of solid wastes (1,10,196 cu. m) are yet to be processed. Not much of odour and fly nuisance was noticed in the vicinity of the dumping site. No burning of the municipal solid wastes was observed in the said MSW dumping site.
viii. The process of bio mining activity consists of the following steps. The removed garbage from the existing dumpsite is fed into the conveyor belt to segregate the recoverable fractions such as recyclables (metal and 14 glass), fine fraction (soil/compost), incinerable fractions (such as plastics, textile, tyre, rubber, etc), inerts (stone, bricks and construction debris) and hazardous wastes (batteries, containers of toxic materials, tube lights, etc). The recyclables are to be sold to authorized scrap dealers. The coarse fine fraction and inerts are to be used for land filling in low lying areas and the fine fraction to be used as compost or soil cover for landfills. The incinerables are to be used as refuse derived fuel (RDF) in waste to Energy plant or Cement plant. The hazardous wastes to be disposed at the nearby centralized Hazardous wastes treatment storage facility.
ix. During inspection on 22.7.2020, it was observed that bio mining works were being carried out in the dumpsite by screening through 2 Trommels of screen size of 30 mm and 5 mm in series continuously.
x. The Corporation authorities have reported that the incinerables >30mm (RDF) obtained are being sent to the Cement plants at Kadappa and Sankari. The coarse fine fraction > 5 mm and inerts are being used for land filling in low lying areas and the fine fraction < 5 mm are being used as compost or soil cover for landfills. xi. The Hosur Corporation authorities have stated that the balance quantity of dumped Municipal Solid Wastes of 1,10,196 cu.m at Dasepalli dumpsite would be cleared through the bio mining process by expediting the action before 31.3.2021.
xii. It was stated by the Hosur Corporation authorities that all the total solid wastes generated daily of about 72 T / Day from Hosur Corporation limits are now being sent to the 11 numbers of the Micro Composting Centres (MCC) 15 provided in the Corporation area for segregation and disposal.
It is submitted that TNPCB has already granted authorization under Solid waste Management Rules, 2016 to the Hosur Corporation on 10.4.2019 to operate the said 11 Micro Composting Centres for processing, recycling, treatment and disposal of Municipal Solid wastes of 72 T/day. It is submitted that all the 11 micro composting centres are under operation at present to process the solid wastes generated from Hosur Corporation area.
xiii. It was reported by the Corporation authorities that after establishment of the 11 Micro Composting Centers in the Corporation area, no solid wastes are now being sent for dumping in the Dasepalli MSW dumping site. Bio Methanation cum Bio-CNG Bottling Plant i. The Bio Methanation cum Bio-CNG Bottling Plant owned by the Hosur Corporation is located at an extent of 0.36 Hectares at SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District on the western side of the existing MSW dumping site and the same is separated by a public road which leads to Dasapalli village. ii. It is submitted that the said plant is surrounded by dry agricultural lands on the northern and western sides, windrow composting yard on the southern side followed by dry agricultural lands and village road to Dasapalli village and MSW dumping site (SF No.45/5) on the eastern side.
iii. It was observed that no habitations, schools and Religious places are located within 500 m radius of the Bio Methanation plant at SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District.
16iv. It is submitted that the said plant at SF No.45/3 (pt), Dasapalli village, Hosur Taluk, Krishnagiri District comes under the local body jurisdiction of Hosur Panchayat Union, Hosur Taluk, Krishnagiri District. v. It is submitted that the SF.No. 45/3 of Dasapalli village, Hosur Taluk, Krishnagiri District has been classified as „Non-Planned area‟ under land use classification by the Directorate of Town and Country Planning, Government of Tamil Nadu. The copy of the Land use classification certificate obtained online from the DTCP is submitted herewith as Annexure-2.
vi. In view of the above, it was ascertained that the location was found suitable for the establishment of Bio Methanation plant and hence Consent for Establishment (CTE) for setting up of the plant was issued by the TNPC Board under the Water (Prevention & Control of Pollution) Act, 1974 as amended (Water Act) and under the Air (Prevention & Control of Pollution) Act, 1981 as amended (Air Act) vide Board Proceeding dated 09.12.2016 valid upto 8.12.2021 for the production of Bio-CNG Bottling in 10 Kg Capacity Cylinder -40 Nos/day and captive power generation (Natural Gas Gen set- 10 KVA/ day subject to the conditions stated therein. The copy of the CTE issued by the TNPCB dated 09.12.2016 is enclosed herewith as Annexure-3. vii. Subsequently, the Consent to Operate (CTO) was issued to the plant under Water Act dated 25.06.2020 subject to certain conditions interalia that the unit shall operate and maintain the Effluent Treatment Plant for the treatment of dewatering of digested sludge and shall ensure that the filtrate is completely recycled back into the process. Also Consent to Operate (CTO) was issued to the plant under Air Act dated 25.06.2020 subject to 17 certain conditions interalia that the unit shall operate the Air Pollution Control measures effectively and continuously so as to achieve the NAAQ/Emission standards prescribed by the Board. The copy of the CTO issued by the TNPCB dated 25.06.2020 is enclosed herewith as Annexure-4.
viii. It is submitted that the Bio Methanation cum Bio-CNG Bottling Plant has obtained the license to fill the Bio- CNG in cylinders from the Petroleum & Explosives Safety Organization (PESO), Nagpur on 03.10.2019. The copy of the certificate obtained from the PESO is enclosed herewith as Annexure-5.
ix. The process of the Bio-Methanation plant consists of receipt of bio-degradable waste of 10 T/Day from the 11 Micro Composting centres, feeding the wastes in the screw conveyor, shredding in the Shredder with hopper, pouring the wastes in the digester, collection of the gas from the digester and passing it through enricher to segregate CO2, collecting the Bio-Gas (CH4) and storing in storage balloon, passing it in the High pressure compressor, filling in the Bio-CNG Cylinders of 10 Kg and loading the cylinders for dispatch for utilization as fuel.
x. It was stated by the Hosur Corporation authorities that the Bio- methanation cum Bio-CNG bottling plant was established at a cost of Rs. 190 Lakhs which is under operation on Design, Build for Own & Operate (DBFOT) basis including operation and maintenance for 20 years. xi. During inspection on 22.7.2020, it was observed that the plant was in operation; the ETP and APC measures were found to be under operation. The trade effluent generated is being recycled back into the process after treatment and the Air Pollution Control measures 18 provided for the purification of Methane gas and flare arrangement with stack were also found to be operated efficiently.
Under the above circumstances, it is humbly prayed that this Hon‟ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice. "
6. Learned counsel appearing for the Hosur Municipal Corporation submitted that Bio-mining work is going on and they will be able to finish the work, if time is granted and he has also submitted that he had forwarded the present status report today to this Tribunal by e-filing but the same has not been received by this Tribunal.
7. Learned counsel appearing for the applicant submitted that he has not received the copy of the reports. So, the Pollution Control Board is directed to serve the copy of the report to the counsel appearing for the applicant.
8. It is seen from the latest status report submitted by the Pollution Control that in the dumping site, there existed around 1,28,196 Cu.M. of legacy waste as on 27.11.2017 and as on 22.07.2020, they have only processed 18,000 Cu.M legacy waste which is only 14% of the total and the remaining legacy waste is still lying there having a total of 1,10,196 Cu.M and according to the report 19 received, the Hosur Municipal Corporation requires time till 31.03.2021 to complete the process.
9. They have also mentioned that all necessary steps have been taken by them to minimize the odour pollution and also the lechate pollution that is likely to be caused.
10. The Solid Waste Management Rules has come into force from the year 2016. Nearly four years have lapsed for implementation of the same. The local bodies are bound to implement the same as per rules in its letter and spirit within the time line fixed by the statute which is already over. It is only on the basis of the direction given by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018, that some steps are being taken by the local bodies in implementing the same in a phased manner. Though, attempts were made to dispose legacy waste but implementations of rules are going at a snail space.
11. So considering the circumstances, unless some stringent action is taken by this Tribunal by directing the Hosur Municipal Corporation to provide a Performance Guarantee, they will not complete the work within the time undertaken by them as in the speed at which it is being done now, it will not be sufficient to 20 complete the same within the given time, unless the speed is accelerated by providing more trammels to carry out the work. The counsel for municipal corporation submitted that no harsh direction need be issued and they will complete the work without delay and within the time specified by them. But we are not satisfied with the manner and speed at which the work is being carried out.
12. So under such circumstances, we direct the Hosur Municipal Corporation to provide a Performance Guarantee of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the satisfaction of the Tamil Nadu Pollution Control Board within a period of one month. If the work of disposal of legacy waste is not completed as undertaken by them by 31.03.2021, then the amount will be forfeited and that amount can be used by the Pollution Control Board for restoration of damage caused to the environment, after preparing some plan and getting approval from this Tribunal.
13. The applicant is also at liberty to file their views regarding the report submitted about the suitability of the site for establishment of Bio-Methanization - cum - Bio CNG Bottling Plant before the next hearing date.
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14. In the mean time, the Tamil Nadu Pollution Control Board as well as Hosur Municipal Corporation are directed to submit interim report regarding the progress of the work on or before 16.12.2020 to this Tribunal by e-filing.
15. For consideration of interim report, post on 16.12.2020.
.....................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Sri. Saibal Dasgupta ) O.A.No.162/2016, 05th August, 2020 Mn.
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