National Green Tribunal
K. Nagappa Son Of Koneetappa vs Union Of India Rep By Its Secretary on 18 February, 2022
Bench: Adarsh Kumar Goel, K. Satyagopal
Item No.17:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 162 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
K. Nagappa
S/o. Koneetappa,
3/84, Dasarapalli Dinna,
Hosur Taluk, Krishnagiri District .... Applicant(s)
Versus
1. Union of India,
Rep. by its Secretary,
The Ministry of Environment and Forests,
New Delhi
2. The State Environmental Impact Assessment Authority
Pananagal Building, Saidapet
Chennai
3. The Secretary to the Government
Department of Environment and Forest,
Government of Tamil Nadu
Secretariat Fort, St. George
Chennai
4. The Secretary to the Government,
Public Works Department,
Government of Tamil Nadu,
Secretariat Fort, St. George,
Chennai
5. The Chairman,
The Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy
Chennai
6. The District Collector,
Krishnagiri District
7. Muthali Panchayat
Rep by its President,
Hosur Taluk, Krishnagiri District
8. Hosur Municipal Corporation
Rep by its Executive Officer
Krishnagiri District.
...Respondent(s)
Date of hearing: 18.02.2022.
CORAM:
1
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Kamlesh Kannan for Mr. V. Raghavachari
For Respondent(s): Smt. M. Sumathi for R1, R2.
Dr. D. Shanmuganathan for R3, R4, R6 & R7.
Mrs. Shanmugavalli Sekar for R5
Mr. G. Jeremiah for R8
ORDER
1. The grievance in this application is regarding non-implementation of Solid Waste Management Rules and identification of land fill envisaged under then existing Rules, namely, Municipal Solid Waste (Management and Handling) Rules, 2000 as under Rule 3 (xi) ""land filling" means disposal of residual solid wastes on land in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, wind-
blown litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion."
2. There was an obligation on the municipal authorities to ensure implementation of these rules for sake of infrastructure and development in consonance to the rules. As per Rule 4(ii), the municipal authorities must make an application and thereafter comply with the implementation programme laid down in Schedule I. The Rule 6 of the said rules contemplates certain procedure and Rule 31 and 32 also provides certain procedure to be followed how the landfills have to be handled.
3. The applicant had reiterated several provisions of the then existing Municipal Solid Waste (Management and Handling) Rules, 2000 and submitted that the facility of bio-gas plant was established by the Hosur Municipality in Sy. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District. Several complaints have been made regarding its establishment. Since no steps have been taken and they are proceeding with 2 the project, the applicant filed this application seeking the following interim as well as final reliefs:
Interim Prayer:
Under these circumstances, it is humbly prayed that this Hon'ble Tribunal may pleased to grant an order of interim direction:
a) Restraining the respondent authorities or their men or agents or servants from constructing a Bio-gas plant without piror Environmental clearance in the lands situated in S. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District, till the disposal of the above application.
b) Direct the respondent authorities to remove garbage from the nearby Greenfield.
Prayer Under these circumstances, it is humbly prayed that this Hon'ble Tribunal may be pleased to grant an order:
1. Forbearing the respondent authorities or their men or agents or servants from constructing a Bio-gas plant without prior Environmental Clearance in the lands situated in S.Y. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District.
2. Forbearing the respondent authorities from dumping and burning garbage and wastes in respect of the land situated in S.Y. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District.
3. Direct the respondent authorities to remove garbage and wastes in respect of the land situated in S. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District.
4. And pass any other orders which this Hon'ble Tribunal may think fit and proper under the circumstances of the case and thus render justice.
4. Tribunal had suo motu impleaded additional respondents 7 and 8, namely, Muthali Panchayat and Hosur Municipal Corporation as per order dated 18.07.2016.
5. 2nd respondent filed counter affidavit contending that they have not received any application for Environmental Clearance from Hosur Municipality. They will have to comply with the Solid Waste Management Rules, 2016. They prayed for passing appropriate orders.
6. The 4th respondent- Public Works Department filed counter contending that they have visited the area and satisfied that area does not fall in any water body and the area did not belong to the Water Resources Department and it is also not situated in the vicinity of any water body as well and they have nothing to do with the establishment of Bio-gas plant and prayed for passing appropriate orders.
7. The 5th respondent-Pollution Control Board filed reply affidavit contending that Hosur Municipality is a special grade Municipality in Krishnagiri 3 District with a population of 2,45,354 as per 2011 census consists of 45 wards. The District Collector, Krishnagiri vide proceeding no.
40516/2004/HL dated 28.02.2005 issued enter upon permission to the Hosur Municipality for the purpose of setting up of compost yard at S. F. No. 45/3 with an extent of 1.36 ha at Sy. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District. Presently the generation of waste is 98 tonnes of un-segregated municipal solid waste and that is collected through push cart, mini tipper auto and loaded into the tipper lorry, transported and dumped in municipal solid waste dump yard situated at S.F. No. 45/5 of the above said District.
8. They proposed to establish Biomethanization cum CNG Bottling facility at S. F. No. 45/3 (pt) in an extent of 0.36 ha. They constructed the window composting yard for disposal of organic waste (food and vegetable market wastes) and plastic shredding and storage facility at S.F. No. 45/3 (pt) in an extent of 1ha. They filed application for consent for establishment of the Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 for establishment of Biomethanization cum Bio CNG Bottling plant using biodegradable waste as raw material at S.F. No. 45/3(pt) and that was returned on 06.05.2016 for want of authenticated land ownership document.
9. A complaint was received from the applicant on 02.01.2016 regarding dumping of municipal waste by the Municipality in an unscientific manner causing health hazards and also establishment of Bio-gas plant would affect the agricultural activities and causal health hazard to the public. That was investigated on 07.03.2016 by the officials. During inspection it was noticed that Bio-Methanization plant was under establishment without obtaining valid consent of the Board. Further, dumping of un-segregated municipal 4 solid waste in a hazphazard manner and unscientific way was also carried out at S.F. No. 45/5, Dasapalle Village, Hosur Taluk without obtaining valid consent from the Board and also without obtaining authorisation under the Municipal Solid Wastes (Management and handling) Rules, 2000.
10.A show cause notice dated 08.03.2016 was issued to the Commissioner, Hosur Municipality for establishment of Bio-methanization plant and also for dumping the municipal solid waste in an unscientific manner without obtaining valid consent of the Board and also without obtaining authorisation under Municipal Solid Wastes (Management and handling) Rules, 2000. They have not replied to the show cause notice and they have not re-submitted the application for consent to establish as well.
11.The area was again inspected on 23.08.2016 and during inspection following things were noticed:
I. Municipal Solid Waste dumping facility at S.F. No.45/5, Dasapalle Village, Hosur Taluk, Krishnagiri District.
(i) Presently the daily generation of 98T of unsegregated Municipal Solid Waste is collected, transported and dumped in an unscientific manner at S.F. No.45/5 at an extent of 1.84 Hectares in Desapalle Village, Hosur Taluk, Krishnagiri District.
(ii) It was reported that the Hosur Municipality is dumping the unsegregated Municipal Solid Waste in the said dumping site since 2005.
(iii) A compound wall to a height of 1.8 m is constructed all along the boundary of the said Municipal Solid Waste dumping site.
(iv) Unsegregated municipal solid waste in an unscientific manner was dumped in huge mound from to the level above the compound wall within the municipal solid waste dump site.
(v) Leachate from the said dumping site was noticed on the southern side through compound wall and discharged outside the said dumping site for open percolation without any treatment.
(vi) Odour and fly nuisance was noticed in the vicinity of the dumping site.
(vii) Windblown plastic waste from the municipal solid wastes dumping site was noticed in the vicinity of municipal solid wastes dumping site.
(viii) No burning of the municipal solid waste was carried out in the said MSW dumping site.
(ix) The said municipal solid waste dump site is surrounded by dry agricultural land on the Eastern and Southern side and it is separated by village road to Dasapalle followed by Bio-Methanization plant on the western side and dry agricultural land followed by Dasapalle Dinna habitation on the northern side.
II. Bio Methanization cum Bio CNG Botting Plant and Windrow composting.
(i) The Bio Methanization plant and windrow composting yard is located at S.F. No.45/3, Dasapalle Village on the western side of the existing municipal solid waste dumping site and the same is separated by a public road leads to Dasapalle Dinna Village.5
(ii) Out of 1.36 Hectares of land at S.F. No.45/3, the Hosur Municipality has provided windrow composting yard at an extent of 1 Hectare at S.F. No.45/3 (Part) for the disposal of organic waste (food & vegetable market waste) and the same is presently not in operational condition. A heap of tomato in spoiled condition was dumped on open land within the windrow compost yard boundary causing odour nuisance.
(iii) The Hosur Municipality has installed plastic shredder and the plastic waste collected from the municipal solid waste dumping site is shredded and stored in gunny bags for further use in road construction.
(iv) Compound wall is provided all along the boundary of windrow composing yard and Bio-Methanization cum Bio CNG Bottling plant premises. III. Status of Bio-Methanization cum Bio CNG Bottling Plant
(i) The Hosur Municipality has constructed civil work of the bio digester for bio-
methanization plant at S.F. No.45/3 part (0.36 Hectare) Dasapalle Village, Hosur Taluk, Krishnagiri District. During inspection it was noticed that no further activity related to Bio-Methanization cum Bio - CNG Bottling Plant was carried out in the said project site. The Bio-Methanization cum Bio - CNG Bottling Plant site is surrounded by dry agricultural land on northern and western sides, existing windrow composting yard on southern side followed by dry agricultural land and village road to Dasapalle and existing municipal solid waste dumping site (S.F. No.45/5) on eastern side.
(ii) The habitation of Dasapalle Dinna village is located on northern side at a distance of 575 meters from the boundary of municipal solid waste dumping site / Bio-Methanization cum Bio - CNG Bottling Plant.
(iii) In Dasapalle Dinna Village two schools viz., Panchayat Union Primary School and Government High School are functioning. The Panchayat Union Primary School is located at a distance of 700 meters from the northern boundary of the municipal solid waste dumping site / Bio-Methanization cum Bio-CNG Bottling Plant.
12.They prayed for passing appropriate orders by this Tribunal.
13.The 8th respondent filed counter affidavit contending that the applicant filed the application objecting the municipal dumping yard used by the Municipality since 2005 in Sy. No. 45, Dasarapalli Village, Muthali Panchayat, Hosur Taluk, Krishnagiri District and their objection was regarding construction of Bio-gas Plant by the Municipality in the different location of the same survey number. They submitted that the application is not maintainable as barred by limitation. There is no provision under any of the environmental statutes mandating prior Environmental Clearance for construction of Bio-gas plant.
14.To get consent, they had applied to Pollution Control Board under The Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and that was pending for consideration. The land in survey no. 45 where the dumping yard is situated 6 is vested with the respondent-Municipality by proceedings dated 28.02.2005 of the District Collector Krishnagiri. This was classified as rock under the revenue record and not assessed to revenue. Nearly about 6 to 8 km around the dumping site are rocky area and there was no habitation nearby. There is no school located close to the unit as alleged in the application.
15.The total area of the dumping yard is measuring to an extent of 3.20 ha and out of that 1.36 ha is situated on the western side of the north-south road wherein the Bio-Methanation plant construction was started. There is no dispute regarding the provisions of Municipal Solid Waste (Management and Handling) Rules, 2000 and the responsibility of the Municipality to carry out the same.
16.The land used for dumpyard having an extent of 1.84 ha surrounded by six feet raised compound wall and it is being used since 2005. The dumped waste below the middle level have already decomposed and there would not be any leachate at the bottom from the dump waste. There is no seepage of leachate into the ground as it is a rocky area. There was no burning of garbage carried out by the respondent. There was no pollution caused on account of the management of the dumpyard. They are segregating the plastic from the waste and shredded in the machine every day and the same was used for laying public road and that was carried out in separate room in the same survey number. The Bio-Methane plant construction is almost in finishing stage and it is not located in the garbage dumping site but on the other side of the road situated on the western side. There was no human habitation. They are following the procedure for closure of the dumpyard and also undertaking the remediation process.
17.They have obtained necessary permission from the authorities for establishing the Bio-gas Plant and they also applied for the consent. They 7 also explained the methodology which is being used for this purpose. The Bio-gas plant construction cannot be termed as Common Municipal Solid Waste Management Facility as envisaged in the EIA Notification, 2006. So, they prayed for dismissal of the application.
18.8th respondent filed explanation dated 20.09.2016 which reads as follows:
8 9 1019.8th respondent filed report dated 19.12.2016 which reads as follows:
11 1220.8th respondent also filed further status report dated 11.02.2017 which reads as follows:
1321.Further status report was filed by the 8th respondent on 30.03.2017 which reads as follows:
1422.8th respondent has filed various status reports as directed by this Tribunal regarding the progress of the work.
23.As per order dated 03.01.2020, this Tribunal had considered the pleadings and the reports so far filed and thereafter this Tribunal directed the 8 th respondent as well as Pollution Control Board to file their present status report of the dumping ground as well as functioning of the Bio-
Methanization plant. The Pollution Control Board was also directed to assess the extent of legacy waste available in the dumping yard and the steps taken by the municipality to clear the same and they were also directed to report as to whether any steps have been taken by the municipality to apply the biomining process as directed by National Green Tribunal, Principal Bench, New Delhi in O.A. No. 606 of 2018 on the basis of the Indore Model wherever it is practicable or any alternate method by which legacy waste is scientifically disposed of. They were directed to submit the report within two months. Thereafter the matter was adjourned from time to time either at the request of the parties or by notification.
24.The matter was taken up on 05.08.2020 and this Tribunal considered the status report dated 18.03.2020, filed by the Tamil Nadu Pollution Control Board extracted in Para 4 of the order 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 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 15 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 BioMethanation 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." 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 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 biomining 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.
167. 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 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. 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.
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
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.
175. 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 10 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 BioCNG Bottling Plant on 11.3.2020, it was observed 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 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 10.4.2019.18
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."
25.This Tribunal also considered the status report filed by the Pollution Control Board during August, 2020, extracted in Para 5 of the order 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. Municipal 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 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 19 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 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) 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.
iv. 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.
20vi. 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 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 BioCNG 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 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."
26.Thereafter this Tribunal passed the following order:
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 20 21 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 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.
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.
27.As per this order since Hosur Municipality has undertaken to dispose of the legacy waste on or before 31.03.2021, this Tribunal directed them to furnish a performance guarantee of Rs. 25 lakh with a rider that if it is not completed by 31.03.2021 the performance guarantee will be liable for forfeiture and this amount can be used for restoration of damage caused to the environment after preparing plan and after approval from the Tribunal.
28.Thereafter the matter was taken up on 18.02.2021, this Tribunal considered the status report submitted by Tamil Nadu Pollution Control Board received on 06.01.2021, extracted in Para 3 of the order which reads as follows:
"Report filed on behalf of the 5 th respondent Tamil Nadu Pollution Control Board 22 I, Tmt. R. Sarasavani, daughter of Thiru. J. Raghavan, Hindu, aged about 55 years, having office at No.76, Mount Salai, Gunidy, Chennai - 600 032, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai - 32 and I am filing this Report on behalf of the 5 th respondent and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that the Hon‟ble NGT has passed order dated 05.08.2020 and directed as follows:-
"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.
3. It is respectfully submitted that in pursuance to the said NGT order the Hosur Municipal Corporation has furnished a Performance Guarantee of Rs.25,00,000/- (Twenty Five Lakh only) vide Bank Guarantee No.8173IPEBG200001, dated 20.10.2020 subject to the compliance of condition that „The Hosur City Municipal Corporation should dispose the entire legacy waste on or before 31.03.2021 to the satisfaction of the TNPC Board fails which the Bank Guarantee of Rs.25,00,000/- (Twenty Five Lakhs only) will forfeited. The copy of the Bank Guarantee is enclosed herewith as Annexure-1.
4. It is respectfully submitted that the Hon‟ble NGT has further directed that "The Tamil Nadu Pollution Control as well as Hosur Municipal Corporation is directed to submit interim report regarding the progress of the work on or before 16.12.2020.
5. It is respectfully submitted that in pursuance of the Hon‟ble NGT order, the following were observed during the inspection of the site on 30.11.2020 by the District Environmental Engineer, TNPCB, Hosur.
i. The Hosur Corporation under Swachh Bharat Mission Scheme has tendered and engaged M/s. Essarams Biotech, Namakkal for the removal of legacy waste of 1,28,196 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.
ii. 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 to assess the progress of bio-mining operations on 03.02.2020.
iii. During inspection, it was observed that the removal of the dumped wastes from the Dasepalli site was under progress an bio-mining works were being carried out in the dumpsite by screening through two Trommels of screen size of 30 mm and 5 mm in series continuously. Further, two more Trommels of same size have been installed and it was ready for commissioning. The site photographs are enclosed herewith as Annexure-II.
iv. The authorities of Hosur Corporation have stated that the incinerables of size greater than 30 mm (RDF) are being sent to the cement plants at Kadappa and Sankari. The coarse fine fraction of size greater than 5mm and inerts are being used for land filling in the low lying areas and the fine fraction of size less than 5mm are being used as compost or soil cover for landfills. v. It was observed that a portion of dumped solid waste of about 22% (28,500 m 3 ) has been processed through bio-mining process and removed as on 30.11.2020 from the huge heap of legacy waste present and the remaining 78% of solid wastes (99696 m 3 ) are yet to be processed through bio-mining activity. There is not much odour and fly nuisance noticed in the vicinity of the dumping site. Also, burning of the municipal solid wastes was not observed in the said MSW dumping site.
23vi. The Commissioner, Hosur City Municipal Corporation vide letter dated 01.12.2020 has stated that they have processed 28500 m 3 of legacy waste as on date and deployed totally 4 numbers of Bio-mining machines for processing the legacy waste at the rate of 600 m 3 /day and expected to complete the task on or before 31.03.2021.
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."
29.Thereafter passed the following order:
4. It is seen from the report that out of 1,28,196 Cu.M legacy waste which was dumped in Dasepalli Municipal Solid Waste dumping site, only 28,500 Cu.M was processed which comes to 22% of the total legacy waste and the remaining 78% of legacy waste i.e., 99,696 Cu.M is yet to be processed and the corporation has undertaken that they will complete the work on or before 31.03.2021. It is seen from the report that Hosur Municipal Corporation has furnished Performance Guarantee of Rs.25 Lakhs (Rupees Twenty Five Lakhs only) by way of Bank Guarantee dated, 20.10.2020.
5. The Corporation has not filed any statement so far as directed by this Tribunal.
6. It is not mentioned in the report as to how the Hosur Municipal Corporation is dealing with the solid waste generated in their corporation and whether they are strictly complying with the Solid Waste Management Rules, 2016 regarding collection, segregation and disposal of the same as well in the report.
7. They have also not mentioned in the report as to whether any damage has been caused to the environment on account of the deposit of such large scale legacy waste for a longer period in that dumping site which is likely to be caused on account of the leachate generated from the dumping ground and they have also not mentioned as to whether it has got any impact on the ground water in the nearby areas.
8. So under such circumstances, we direct the Pollution Control Board to conduct soil test as well as the water quality test from the nearby wells and water resources which are situated near the dumping ground so as to ascertain as to whether this has affected the water and soil quality in the nearby area. If that be the case, what is the nature of restoration of work to be done for rectifying such contamination, if any caused?
9. Since this Tribunal has granted time till 31.03.2021 to complete the work on producing Performance Guarantee and the corporation has produced the Performance Guarantee to the Pollution Control Board, we feel that some time can be granted to the corporation to come with the final status report regarding the disposal of the legacy waste and also their future plan as to how they are going to implement the Solid Waste Management Rules, 2016 in their corporation without causing such things in future.
10.The Pollution Control Board is also directed to submit a further report incorporating the things mentioned above so as to enable this Tribunal to analyze the situation and give further directions so as to implement the Solid Waste Management Rules, 2016 in that area in a proper way.
11.The Corporation as well as the Pollution Control Board are directed to submit the report as directed on or before 05.04.2021 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.
30.By this time the Hosur Municipality has been upgraded as Municipal Corporation and that fact was also noted in the order. It was seen from the order that performance guarantee as directed by the Tribunal has been furnished and they have been directed to file the final status report regarding 24 the disposal of the legacy waste and also their future plan as to how they are going to implement Solid Waste Management Rules, 2016 in their Corporation. Pollution Control Board was also directed to file a further report.
31.The matter was taken up on 03.06.2021 and considered the I.A. No. 81 of 2021 filed by Hosur Municipal Corporation for extending the time up to 31.08.2021 to complete the biomining and the same was extended up to 31.08.2022 on further condition that if it is not complied with, then apart from the Rs. 25 lakh to be forfeited further compensation will have to be paid by them in tune with the direction given by the Principal Bench in O. A. No. 606 of 2018 and with that direction I.A. No. 81 of 2021 was disposed of .
32.This Tribunal considered the report submitted by the Pollution Control Board signed by the officer on 27.03.2021, e-filed on 30.03.2021 extracted the results and discussions given in the report in Para 11 of the order which reads as follows:
"Results and Discussion:
The analysis results of the ground water samples collected from all the above eight locations (Given in Table:3) were compared with Drinking Water Standards (IS 10500:2012, Edition 2.2 (2003-09) acceptable limit) as specified in the Solid Waste Management Rules, 2016, Schedule I, Clause (E) - Criteria for 5 water quality monitoring for usage of ground water in and around landfill sites for any purpose (including drinking and irrigation). The analysis results of the samples collected from all the above eight locations reveals that the Total Dissolved Solids (TDS) are in the range of 656 mg/l to 2728 mg/l and exceeding the acceptable limit of 500 mg/l as prescribed in the Drinking Water Standards (IS 10500: 2012). The TDS level in the groundwater samples collected at the legacy waste processing facility premises and at Mr. KV Pratap Chowdhry's premises which are in close proximity to the legacy waste dump site found to be 2592 mg/l and 2728 mg/l respectively as compared to the other locations which are in the range of 656 mg/l to 900 mg/l. Hence, there is a possibility of contamination of ground water due to the legacy waste dumpsite.
The analysis results of the samples collected from the above eight locations reveals that the Chloride are in the range of 115 mg/l to 930 mg/l and exceeding the acceptable limit of 250 mg/l as prescribed in the Drinking Water Standards (IS 10500:2012).
Further, the Total Hardness as CaCo3 in the eight locations are in the range of 280 mg/l to 1360 mg/l exceeding the acceptable limit of 200 mg/l as prescribed in the Drinking Water Standards (IS 10500:2012).25
In respect to Heavy Metal and Phenolic Compounds concentration, the report of analysis of the samples collected from all the above eight locations reveals that the parameters such as Arsenic, Cadmium, Chromium (as Cr 6+ ), Copper, Cyanide, Lead, Mercury, Nickel, Zinc, Fluoride, Iron and Phenolic compounds (as C6H5OH) are confirming to the Drinking Water Standards (IS 10500:2012).
The report of analysis of water samples in the eight locations also reveals that the parameters such as Sulphate, Nitrate Nitrogen and Phosphate are confirming to the Drinking Water Standards (IS 10500:2012). In respect to the Irrigation water quality parameters such as pH, Conductivity and SAR out of eight samples two well water samples collected at compost yard premises at Dasapally and at Thiru. Prathap Chowdhary's land premises are exceeding the designated best use criteria Category-E (Irrigation), notified under Environment (Protection) Rules, 1986.
In view of the above, it is submitted that a detailed study to be carried out by reputed institution in the legacy waste dump site area and necessary remediation shall be carried out in the legacy waste dump site area by the Hosur Municipal Corporation Authorities based on the study report if required."
33.Thereafter, this Tribunal had passed the following order:
12.It is seen from the result portion that there is a possibility of contamination of ground water due to the legacy waste dumped in the dump site.
13.The learned counsel appearing for the 8th respondent submitted that as per the directions issued by the Pollution Control Board, they have already conducted a study on this aspect by appointing Centre for Environment, Anna University for this purpose and they will be able to produce the report as and when it is received.
14.It is seen from the application filed by them for extension of time that they are doing the bio-mining under the supervision of the Centre for Environment attached to Anna University and not for the purpose of conducting any study on soil degradation caused and remedial measures to be done. Since they have already appointed an expert agency for supervising the bio-mining aspects, we feel that Hosur Municipal Corporation can request the Centre for Environment attached to Anna University to go into the question of study regarding the ground water as well as soil degradation caused on account of the dump site, as pointed out by the Pollution Control Board and submit a report regarding that aspect as well, incorporating the nature of contamination caused to the ground water as well as soil and the remedial measures to be done by the Hosur Municipal Corporation to remedy the same, so that directions can be given to the Hosur Municipal Corporation to carry out the same. The expenses for conducting further study by the Centre for Environment attached to Anna University has to be borne by the Hosur Municipal Corporation, as the study was necessitated on account of unscientific activities of the municipal corporation in not disposing the legacy for such long time.
15.They are directed to submit a detailed report on the basis of the study conducted by the agency namely, Centre for Environment, Anna University before the next hearing date.
16.The Hosur Municipal Corporation and Pollution Control Board are directed to file their further status report regarding the process that is being undertaken by the Hosur Municipal Corporation for disposal of the legacy waste before the next hearing date.
17.The Pollution Control Board is also directed to file an independent report regarding the action taken by them for implementing the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 against the 8th respondent/Hosur Municipal Corporation as well.
18.The Hosur Municipal Corporation and Tamil Nadu Pollution Control Board are directed to file their respective reports to this Tribunal on or before 08.09.2021 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.26
19.The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board, 8th respondent/Hosur Municipal Corporation and Centre for Environment attached to Anna University by e-mail immediately so as to enable them to comply with the direction.
34.On 08.09.2021, this Tribunal had considered the status report submitted by the Pollution Control Board signed on 07.09.2021, e-filed on the same dated extracted in Para 2 of the order which reads as follows:
"STATUS REPORT FILED ON BEHALF OF THE 5TH RESPONDENT TAMILNADU POLLUTION CONTROL BOARD.
I, R. Sarasavani, daughter of Raghvan, Hindu, aged about 56 years, having office at No. 76, Mount Salai, Guindy, Chennai600 032, do hereby solemnly affirm and sincerely state as follows: 1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32 and I am filing this Status Report on behalf of the 5th respondent and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that the Hon'ble NGT has passed order dated 03.06.2021 and directed "the Pollution Control Board to file an independent report regarding the action taken by them for implementing the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 against the 8th respondent/Hosur Municipal Corporation as well".
3. It is respectfully submitted that in pursuance to the 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 01.09.2021 and observed the following:
i. The Bio-mining of the legacy waste dumped in the Dasapalle Village dumpsite was under progress by the Hosur Municipal Corporation. ii. The Hosur Municipal Corporation has dumped the fresh Municipal Solid Waste in the legacy waste dumpsite premises which is in violation of the Solid Waste Management Rules, 2016 and violates the NGT (SZ), Chennai orders in O.A. 162 of 2016 iii. The progress on processing of legacy waste for the past three months is found to be poor and processed about 75% (77226 m3) of the total quantity of legacy waste and huge quantity of balance legacy waste was kept in the dumpsite without processing. The unit has not completed the processing of legacy waste within the time.
iv. Huge quantity of plastic waste/RDF, segregated during Bio Mining process was dumped in the dumpsite area without sending to the cement kiln industries for co-processing.
v. The bio-gas collection balloon in the Bio-Methanization Plant was not maintained properly.
4. It is respectfully submitted that, Rule No. 22 (Serial No. 11) of the Solid Waste Management Rules, 2016 prescribes time frame for implementation of bio-remediation or capping of old and abandoned dump sites within five years from 08/04/2016 (i.e., upto 07/04/2021).
5. It is respectfully submitted that, the Hosur Municipal Corporation has not completed the Bio-mining activity before the statutory cut off timeline of 07.04.2021 and thereby not complied with the provisions of Solid Waste Management Rules, 2016.
6. It is respectfully submitted that, as per the Hon'ble National Green Tribunal (Principal Bench) vide order dated 28.02.2020 & 02.07.2020 in OA No. 606 of 2018 an amount of Rs.5 lakhs has been assessed as an interim environmental compensation for a period of 5 months (from April 2021 to August 2021) to the Hosur Municipal Corporation for not completing the Bio-mining activity as per the provisions of Solid Waste Management Rules, 2016.
7. It is respectfully submitted that, the TNPC Board has issued Show Cause Notice to the Commissioner, Hosur Municipal Corporation under Section 5 of 27 the Environment Protection Act, 1986, as to why the Board shall not levy Interim Environmental Compensation Rs.5 Lakhs (from April 2021 to August 2021) vide Board's Proceeding dated 06.09.2021 for not completing the bioremediation process as per the provisions of Solid Waste Management Rules, 2016. 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."
35.Thereafter, passed the following order:
3. The learned counsel appearing for the 8th respondent submitted that they are proceeding with the bio mining process and they have engaged the Anna University to assist them in this regard and they wanted two months time for completion of the same.
4. The learned counsel for the 8th respondent also submitted that they filed a status report to that effect, but the office informed that the same has not been received.
5. The learned counsel appearing for the applicant submitted that since Mr. S. Sai Sathya Jith has been appointed as the standing counsel for the Tamil Nadu Pollution Control Board, he informed the Board to appoint some other lawyer to represent the Board before this Tribunal in this case, she wanted short time for the Board to take further steps in this regard.
6. So under such circumstances, we feel that some more time can be granted to the Tamil Nadu Pollution Control Board as well as to the Hosur Municipal Corporation to file their action as well as status report as directed by this Tribunal.
7. They are directed to submit their respective report to this Tribunal on or before 27.10.2021 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.
8. The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board, 8th respondent/Hosur Municipal Corporation and also to the Centre for Environment attached to Anna University by e-mail immediately so as to enable them to comply with the direction.
36.The matter was taken up on 22.11.2021 and considered the report submitted by 8th respondent dated 19.11.2021, e-filed on the same date extracted in Para 3 of the order which reads as follows:
"Status Report submitted by the 8th Respondent I, M. Senthil Murugan, son of Mahalingam, Hind, aged about 53 years, having office at Hosur city Municipal Corporation, Hosur, Krishnagiri District, do hereby solemnly affirm and Page 3 of 10 sincerely state as follows:-
1) I am the Commissioner of Hosur City Municipal corporation, the 8th respondent herein and as such I am well acquaint the facts of the case.
2) I submit that the above application came up on 03.06.2021 and that day I have filed a report and photographs how this respondent carried out the solid waste management works as per the Solid waste Management Rules 2016 regarding collection, segregation and disposal of the solid wastes and about the Bio Methanation Plant and the same was put in use. I crave leave of this Hon'ble Tribunal may be pleased to read the earlier report filed on 03.06.2021 as part and parcel of this report. I submit that again the matter came up on 08.09.2021. We have filed the status report on that day and I request this Hon'ble Tribunal may be pleased to read the earlier report as part and parcel of this status report. The below mentioned submissions are subsequently what works are done to remove the legacy from the dumping site.28
3) I Submit that Bio Methanasation Plant and Bio CNG Bottling Plant is working in a good condition producing 400 kg Bio Gas every day and the same will be supplied to the private companies. I submit that the 11 Micro compost yard within the city .for segregating the daily collection wastes, are functioning well. Therefore the fresh wastes are not dumping in the present dumping site.
4) The contractor engaged with his workers along with required machineries and Bio mining work was carried out in a speed way and I have inspected the spot in alternative days and asked the contractor to ensure to finish the Legacy cleaning work on or before the said time granted by this Hon'ble Tribunal. I submit that though full hard work and efforts put on for removing the legacy, the seasonal heavy rain continuously in Hosur forced the workers to set back from carrying out their work for nearly 62 days.
Due to this rain, rainfall measured for the month of September 12 days - 107.7 mm, October 31 days - 198.3 mm and November upto 19.11.2021 19 days - 180.6 mm. Totally 62 days continuously the dumping site become muddy and the legacy waste become too moist even after rain comes to end. since it is continuous raining every day and therefore to dry up the legacy waste it takes three or four days. After drying up only we can sieve the legacy waste materials such as Manure, RDF and inert. Though the Employees engaged put up their hard labour even in the raining day. We could not remove the legacy waste. Because of this reason submitted above, this respondent could not remove the remaining 8% of the legacy waste from the dumping site which was contracted out. I submit that to remove this 8% legacy waste, this respondent requested for another 8 weeks and the removal of the legacy could not be completed on or before 22.10.2021 but only for the reasons stated above. I submit that along with the team of officials periodically inspect the spot even during the raining day to speed up the removal of the legacy from the dumping site. To show the work progress, the photos submitted.
5) I submit that this Hon'ble Tribunal by its order dated 03.06.202r directed this respondent Municipal corporation to request the Expert Agency, the Centre for Environment of the Anna University to study with regard to the ground water contamination of the dumping site and the degradation of soil and the remedial measures for the same. They Inspected on 11.09.2021 and taken soil test and water test and awaiting for their report. I submit that we will get it and file it before this Hon'ble Tribunal in the next hearing date.
6) I submit that some solid wastes such as non-recyclable plastics, paper card board and other corrugated materials already removed were sent to the cement Factory in the first week of June 2021 for the purpose of Refuse Derived Fuel production was stopped temporarily for two to three months by the cement Factory and they refused to rift the plastic items and this problem faced by the contractors in the entire state to dispose of the plastic materials. In this regard the contractor has given a letter dated 22.10.2021 to this Municipal corporation stating that this RDF materials 4000.00 Cubic metre will be shifted within two months to the Cement Factory.
7) I submit that considering the facts and circumstances submitted above why this Municipal corporation could not complete the removal of legacy waste of 8% from the dumping site and considering the above submission for what reason we could not complete within the time stipulated by this Hon'ble Tribunal and therefore this respondent requested to need another 8 weeks for completing this Bio mining progress.
It is therefore prayed that this Hon'ble Tribunal may be pleased to grant by extending the time for 8 weeks to remove the legacy work of 8% measuring 8237 Cubic Metre remaining in the dumping site and thus render justice. It is therefore prayed this Hon'ble Tribunal may be pleased to consider the above interim status report submitted and pass suitable orders and thus render justice."
2937.This Tribunal also considered status report filed by Pollution Control Board signed by the Officer on 22.11.2021 extracted in Para 4 of the order which reads as follows:
"STATUS REPORT FILED ON BEHALF OF THE 5TH RESPONDENT TAMILNADU POLLUTION CONTROL BOARD.
I, R. Sarasavani, daughter of Raghvan, Hindu, aged about 56 years, having office at No. 76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32 and I am filing this Status Report on behalf of the 5th respondent and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that Show Cause Notice was issued vide Board's Proceeding dated 06.09.2021 to the Commissioner, Hosur Municipal Corporation under Section 5 of the Environment Protection Act, 1986, as to why the Board shall not levy an Interim Environmental Compensation Rs.5 Lakhs (from April 2021 to August 2021) for not completing the bio-
remediation process as per the provisions of Solid Waste Management Rules, 2016.
3. In this regard, it is respectfully submitted that the Commissioner, Hosur Municipal Corporation has furnished a reply vide letter dated 13.09.2021 for the show cause notice issued by the Board and the reply furnished by Commissioner, Hosur Municipal Corporation was found to be not satisfactory.
4. Further, in compliance of the Hon'ble National Green Tribunal (Southern Zone) order dated 08.09.2021, the Bio-mining of legacy waste dump site of Hosur Municipal Corporation located at Dasapalle village was inspected by the officials of the TNPCB, Hosur on 21.10.2021 and during inspection the following were observed:
i. The bio-mining of the legacy waste dumped in the Dasapalle village dumpsite was under progress by the Hosur Municipal Corporation ii. The Hosur Municipal Corporation has dumped the fresh Municipal Solid Waste in the legacy waste dumpsite premises which is in violation of the Solid Waste Management Rules, 2016 and violates the NGT (SZ), Chennai orders in O.A. No. 162 of 2016.
iii. The Hosur Municipal Corporation has processed about 90% (92671 m) of the total quantified quantity of legacy waste and the balance 10% (10297 m) legacy waste was kept remaining in the dumpsite without processing. The unit has not completed the processing of legacy waste within the time frame ie., 31.08.2021.
iv. Huge quantity of plastic waste/RDF segregated during Bio - Mining process was dumped in the dumpsite area without sending to the cement industries for co-processing.
v. The Gas collecting balloon in the Bio - Methanization Plant was not maintained properly.
vi. The Hosur Municipal Corporation has commenced the Bio Mining Activity during October - 2018 which is prior to the cut off time line mentioned in the orders of the Hon'ble NGT vii. However, the Hosur Municipal Corporation has not completed the Bio - Mining activity before the statutory cut off timeline of 07.04.2021 as per Serial No. 11 in Rule 22 of the Solid Waste Management Rules, 2016.
6. Therefore, in exercise of the powers vested under Section 5 of the Environmental (Protection) Act, 1986, the TNPCB has issued directions vide Proceeding dated 01.11.2021 to the Commissioner, Hosur Municipal Corporation to remit the Interim Environmental Compensation of Rs. 5 Lakhs and the Hosur Municipal Corporation is liable to remit the Environmental Compensation till the compliance of the following directions:
i. The Hosur Municipal Corporation shall stop dumping the fresh Municipal Solid Waste in the legacy waste dumpsite premises 30 ii. The fresh municipal solid waste dumped in the Dasapalle village dumpsite should be removed immediately and to be taken for further processing. iii. The Hosur Municipal Corporation shall expedite the process on complete removal of legacy waste immediately without further delay. iv. The Hosur Municipal Corporation shall expedite the action on the disposal of segregated plastic waste dumped in the Dasapalle dumpsite area to cement industries for co processing immediately without further delay. v. The Hosur Municipal Corporation shall operate the Bio - Methanization Plant efficiently and continuously so as to treat the biodegradable waste and also to completely collect the methane gas generated in the gas collecting balloon for further beneficial use.
vi. The Hosur Municipal Corporation shall comply with the provisions of Solid Waste Management Rules, 2016 and shall comply with the orders passed by the Hon'ble NGT in OA 606 of 2018 from time to time.
vii. The Hosur Municipal Corporation shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules 2016.
viii. The Hosur Municipal Corporation is liable to pay Environmental Compensation till the compliance of the conditions stipulated vide Sl. No. 1 to
7. 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."
38.Thereafter, this Tribunal passed the following order:
5. There are certain deficiencies noted in the operation of the dumpsite by Hosur City Municipal Corporation. Even as per the report submitted by the Hosur City Municipal Corporation, they, in a way, admitted these deficiencies.
Even if the bio-mining is completed, further studies will have to be conducted to ascertain the possibility of any further contamination caused to the soil on account of keeping the legacy waste for such long time in that area and the remedial measures to be taken on that aspect is also to be considered.
6. So, the Tamil Nadu Pollution Control Board as well as the Hosur City Municipal Corporation are directed to conduct further study regarding the probable damage caused to the soil as well as ground water in that area on account of keeping the legacy waste in that area for a longer time and also submit a report as to what is the remedial measures to be taken to rectify the same as well.
7. As regards environmental compensation is concerned, we are not interfering with the directions issued by the Tamil Nadu Pollution Control Board, as this direction has been given by the Pollution Control Board based on the orders passed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and the Hosur City Municipal Corporation is bound to comply with the directions as well, as they have not completed the work within the time frame fixed by the Principal Bench for implementation of the Solid Waste Management Rules, 2016.
8. They are directed to submit the further status report and further action taken report in this regard as directed on or before 23.12.2021 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.
9. The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board as well as to the Hosur City Municipal Corporation and also to the official respondents by e-mail immediately so as to enable them to comply with the direction.
3139.Though, the matter was posted to 23.12.2021 for consideration of further status cum action taken report, the same was adjourned from time to time by successive notification.
40.We have received a status report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 24.01.2022, e-filed on 27.01.2022 which reads as follows:
32 3341.8th respondent also filed status report dated 16.02.2022, e-filed on 17.02.2022 which reads as follows:
34 35 36 3742.They have also annexed photographs showing biomined legacy waste cleared area. They have also produced the soil quality and ground water 38 analysis conducted by Centre for Environmental Studies, Department of Civil Engineer, Anna University which reads as follows:
ANALYSIS OF GROUNDWATER AND SOIL QUALITY AT DASAIYAPALLI Compost YARD OF HOSUR MUNICIPAL CORPORATION 1.0 INTRODUCTION Hosur city Municipal Corporation is an industrial hub for several automobile and manufacturing industries and generates about 90 tons of municipal solid wastes (MSW) per day. The solid waste collected from the Hosur Municipality was dumped in the Compost yard of 9 acres located in Dasaiyapalli Village at a distance of about 15 km east of Hosur town. The areal extent of the Dasaiyapalli Dumpsite indicates that the waste is dumped over the land area of 4.46 acres (18045 m). A litigation filed with the Hon'ble National Green Tribunal (NGT) against the dumping of garbage in the Dasaiyapalli Village resulted in a direction by the NGT to remove the existing legacy waste at Dasaiyapalli dumpsite by Biomining. Hosur city Municipal Corporation prepared a proposal for Biomining and awarded the work to M/s. Esarams Biotech, Namakkal vide Roc. No. 4512/2017/E1 dated 13.06.2018 for the removal of 128196 m3 of legacy waste dumped at Dasaiyapalli compost yard.
Hosur city Municipal Corporation engaged Centre for Environmental Studies (CES), Anna University, Chennai as Project Management consultant to assess the Progress of Biomining Operations.
2.0 BACKGROUND AND SCOPE OF THE STUDY In connection with a litigation filed with the Hon'ble National Green Tribunal (NGT) vide application No. 162 of 2016 ($Z), ILA no. 80 & 81 of 2021 (Z), Hosur Municipal Corporation has engaged CES for the " A ssessment of impact due to dumping of waste at Dasiyapalli dumpsite". The scope of the study is as listed below,
1. To conduct one-time sampling and analysis of groundwater collected in and around the site at three different locations for the parameters such as pH, Electrical conductivity, Total Dissolved solids, Total Suspended solids, Alkalinity, Hardness, Chloride, Sulphates, Total arsenic, Cadmium, Total Chromium, Copper, Mercury, Nickel, Lead and Zinc
2. To conduct one-time sampling and analysis of soil sample collected within the site at four diferent locations at various depths for the parameters such as pH, Total arsenic, Cadmium, Total Chromium, Copper, Mercury, Nickel, Lead and Zinc.
3.0 SAMPLE COLLECTION CES team inspected the dumpsite on 11 September 2021 and collected soil samples (4 Nos at varying depths) and Ground water samples (3 Nos.). Soil samples were collected at four location inside the site premises at surface, at 25 cm depth and at 1m depth. The photograph of the sample location and the collection point is attached in Figure 1&2 4.0 GROUND WATER AND SOIL QUALITY ASSESMENT The characteristics of the water sample and soil sample is presented in Table 1 and Table 2. The ground water sample collected at the entrance of Dasaiyapalli compost yard (Location 1) has Total hardness (1070 mg/L) and Total dissolved solids (3200 mg/L) is higher than the permissible limit (600 mg/L & 2000 mg/L) as per IS 10500:2012 for potable water. Similar observations are seen in the TNPCB Reports. Whereas Total hardness and Total dissolved solids at nearby private land (location 2) and Chennai mines (Location 3) are within the permissible limit. High concentration of Total hardness and Total dissolved solids at Dasaiyapalli compost yard maybe due to the infiltration of leachate from the fresh waste dump. As there is no baseline monitoring data available before the dumping of the waste at Dasiyapalli compost yard, it is dificult to cofim, if the increased hardness and TDS is due to dumping of wastes. However, since the hardness and TDs are higher than that of the nearby locations, it may be attributed to contamination from the leachate of the dumped wastes. . The heavy metals concentration (Total arsenic as (As), 39 Cadmium (as Cd), Total Chromium (as Cr), Copper (as Cu), Mercury (as Hg). Nickel (as Ni),. Lead (as Pb), Zinc (as Zn)) are found to be absent in all the three water samples. The analysis of soil samples collected at three locations within the site indicates that the soil is not contaminated by the heavy metals. The test results of soil sample analysed by TNPCB at Dasaiyapalli site premises presented in Table 3 is also in line with this observations. 5.0 SUMMARY AND RECOMMENDATION In connection with a litigation filed with the Hon 'ble National Green Tribunal (NGT) vide application No. 162 of 2016 (SZ), LA no. 80 8& 81 of 2021 (SZ), Hosur Municipal Corporation has engaged CES for the "Assessment of impact due to dumping of waste at Dasiyapalli dumpsite". One-time sampling and analysis of groundwater collected in and around the site at three different locations were done for the parameters such as pH, Electrical conductivity, Total Dissolved solids. Total Suspended solids, Alkalinity, Hardness, Chioride, Sulphates. Total arsenic, Cadmium, Total Chromium, Copper, Mercury. Nickel, Lead and Zinc. Futher, one-time sampling and analysis of soil sample collected within the site were done at four different locations at varnous depths for the parameters such as pH, Total arsenic, Cadmium, Total Chromium, Copper, Mercury. Nickel, Lead and Zinc. The results of the analysis indicate that the groundwater at the dumpsite location has hardness and Total dissolved solids higher than the limits for potable water. The heavy metals in both soil and water samples were found to be within acceptable limits. Though no data was available on the water quality of the dumpsite prior to dumping of the wastes, the high concentrations of TDS and hardness of the ground water samples within the dumpsite over that of nearby wells may be attributed to the impact of dumping of the waste at Dasiyapalli compost yard. As of now, the well within the dumpsite is not used for any domestic purpose and the water quality of surrounding wells are within the standards for potable water. Accordingly, it is recommended that the Hosur Municipal Corporation to stop further dumping of fresh waste in the Dasaiyapalli compost yard and complete the Biomining of legacy waste at the earliest. The fresh waste dumped at Dasaiyapalli compost yard during the Biomining period shall be processed in the Bio-Methanation plant Or through biomining process after waste stabilisation. The biomethanation plant and the micro composting facilities and resource recovery centres of Hosur Municipal corporation shall be made functional to ensure that the fresh wastes are not dumped at the Dasaiyapalli compost yard.
43.It was mentioned therein that the soil quality as well as water quality confirm the standard prescribed and the water quality has not been affected.
It was also recommended that the Hosur Municipal Corporation to stop further dumping of fresh waste at Dasiyapalli dumpsite and complete the biomining process at the earliest. The fresh waste dumped at Dasiyapalli compost yeard during the Biomining period shall be processed in the Bio-
Methanation plant or through biomining process after waste stabilisation.
The biomethanation plant and the micro composting facilities and resource recovery centres of Hosur Municipal Corporation shall be made functional to ensure that the fresh wastes are not dumped at the Dasaiyapalli compost yard.
4044.Further though time was extended up to August, 2021 for clearing the legacy waste by doing biomining with the rider that the amount of Rs. 25 lakh will be forfeited after that period apart from imposing compensation as directed by the Principal Bench in O.A. No. 606 of 2018. It is not clear from the report submitted by the Pollution Control Board as to whether they have taken any further steps in this regard. So we feel that it necessary to direct the Pollution Control Board to forfeit the performance guarantee already submitted by Hosur Municipal Corporation, namely, Rs. 25 lakh as per the earlier orders of the Tribunal and they will have to take further steps to initiate the further action in tune with the direction given by the Principal Bench in O.A. No. 606 of 2018 and they will have to monitor the completion of the biomining process and also monitor the implementation of the Solid Waste Management Rules, 2016 in Hosur Municipal Corporation in its letter and spirit. If there is any violation committed by the Hosur Municipal Corporation in operating the Bio-gas plant and other waste management facilities, then Pollution Control Board is directed to take appropriate action in this regard.
45.So, we feel that major portion of the legacy waste has been processed and removed and most of the grievances raised by the applicant regarding the dumping of waste and non-compliance of the Solid Waste Management Rules, 2016 have been to some extent redressed we feel that keeping the case pending, the application can be disposed of giving following directions:
i. The performace guarantee of Rs. 25 lakh already furnished by the Hosur Municipal Corporation is directed to be forfeited as they have, even as on date, not completed the entire process of biomining and removal of the legacy waste which they have undertaken to be 41 completed on or before 31.03.2021 or even by subsequent extension up to 31.08.2021.
ii. The Pollution Control Board is directed to implement the direction issued by the Principal Bench in O.A. No. 606 of 2018 for non-
compliance of the directions issued in implementation of the Solid Waste Management Rules, 2016 and take steps to implement those directions and realise the compensation fixed by the Principal Bench for non-compliance on or before 31.03.2020. While assessing the compensation as directed by the Principal Bench, the amount of Rs.
25 lakh now directed to be forfeited be adjusted towards the amount payable.
iii. The Hosur Municipal Corporation is directed to complete the biomining process of the legacy waste and also remediation process, if any, to be suggested to be carried out by the Hosur Municipal Corporation by the Centre for Environmental Studies, Department of Civil Engineer, Anna University has to be carried out by Hosur Municipal Corporation under the supervision of the Tamil Nadu Pollution Control Board within the time frame fixed by them.
iv. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of the Solid Waste Management Rules, 2016 within Hosur Municipal Corporation in its letter and spirit. If there is any violation found in operation of the Bio-gas plant and also the other waste management facilities without obtaining consent and other permissions or violating the conditions and causing pollution, then Pollution Control Board is directed to take appropriate action against the Hosur Municipal Corporation including imposing of the compensation for the violations committed by them as directed by the 42 Principal Bench applying the CPCB guidelines and take steps to recover the amount from Hosur Municipal Corporation after giving them proper opportunity of being heard by issuing show-cause notice and obtaining reply etc. v. The Pollution Control Board and the Hosur Municipal Corporation are directed to file their periodical compliance report and progress report of the remedial measures and further action taken report once in three months till the entire process is completed.
vi. As and when the reports are filed, the office is directed to place the same before the Bench for consideration and issuance of further directions in this regard.
vii. The right of the applicant to approach this Tribunal for further violations or pollution caused is left open.
viii. Considering the circumstances, the parties are directed to bear their respective costs in the application.
ix. The Registry is directed to communicate this order to the Chief Secretary, Additional Chief Secretary for Environment, Additional Chief Secretary for Municipal Administration and Water Supply, Commissioner Municipal Administration, Commissioner Hosur Municipal Corporation and Chairman, Tamil Nadu Pollution Control Board for their information and complying with the direction.
46.With the above direction and observations, the application is disposed of.
.....................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Dr. Satyagopal Korlapati) O.A.No.162/2016(SZ), 18th February, 2022. AM 43