National Green Tribunal
Harsh Solanki vs State Of Madhya Pradesh on 5 April, 2024
Item No.6
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 22/2024(CZ)
Harish Solanki Applicant
Vs.
State of Madhya Pradesh & Ors. Respondents
Date of Hearing: 05.04.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
(with Mr. Mehul Bhardwaj, Adv.)
ORDER
1. The issue raised in this application is the pollution and discharge of untreated water into the river Tapti which is known to be the daughter of Saryu and sister of Lord Lakshmi as per mythology. The river rises in the Eastern Satpura range of Southern Madhya Pradesh State and flows westward, draining Madhya Pradesh, Nimar Region, Maharashtra, Kandesh and East Vidarbha region in the north-west corner of the Deccan Plateau and South Gujarat before imputing into the Gulf of Cambay of the Arabian Sea in the Surat District of Gujarat.
2. The matter is follow-up of judgment of the Hon'ble Supreme Court dated 22.02.2017 in Paryavaran Suraksha Samiti Vs. Union of India1, which mandates establishment and functioning of requisite ETPs/CETPs/STPs by 31.3.2018 and in default, to take coercive measures. The judgement 1 ( 2017) 5 SCC 326 1 also laid down rigid timelines, enforcement mechanism and sources of funding. Even in absence of the said judgement, doing so is the mandate of the Water (Prevention and Control of Pollution) Act, 1974. The said Act established Central and State Pollution Board for prevention, abatement and control of rivers and streams and to restore wholesomeness of watercourses and controlling discharge of domestic and industrial wastes. Penalties are provided for contravention of the provisions of the Act. The Constitution of India under Article 243 W read with 12th Schedule entrusts responsibility of ―public health, sanitation conservancy and solid waste management‖ to Municipalities. The Hon'ble Supreme Court held that the States will provide necessary support to such local bodies. This is to be monitored by the PCBs and the Secretaries, Environment in States and thereafter by the NGT. This Tribunal has been accordingly monitoring compliance in the last four years but regretfully with little progress as will be shown by the statistics. We propose to direct further monitoring by the Executive authorities henceforth for the reasons in this order.
3. The matter was previously dealt by the Principal Bench of this Tribunal in O.A. No. 673/2018 vide order dated 22.02.2021 (PB), where it was discussed as follows :-
i. "The second matter relates to remedial action for rejuvenation of 351 identified polluted river stretches in the country, for which major step is preventing discharge of industrial and domestic waste in rivers or drains connected thereto. On this aspect both the matter overlap. Other steps include preventing dumping of solid waste, plastic, hazardous, bio-medical and electronic wastes, regulation of flood plain zones, by keeping catchment areas free from encroachments, maintaining environment flow by adopting appropriate water conservation practices and other steps, controlling extraction of ground water, afforestation etc. The 2 Tribunal required setting of River Rejuvenation Committees (RRCs) in all States for the purpose. They were to prepare and execute action plans, with budgets and timelines to give effect to the mandate of law. The Chief Secretaries of all States/UTs are to monitor compliance at State level and the Central Monitoring Committee (CMC) headed by the Secretary Jal Shakti, GoI, with CPCB and NMCG is to monitor compliance at national level. The situation continues to be grim, as has been repeatedly observed by this Tribunal. The polluted river stretches include Ganga and Yamuna, which have been dealt with by separate orders, apart from some other rivers which have been dealt with by separate orders individually, to which reference will be made. This is affecting aquatic life, safety of food chain on account of contamination of water and resulting in drinking water crisis in the country. There are also large number of deaths and diseases due to water contamination. Further monitoring is proposed to be by the authorities themselves in terms of directions at the end of the order.
ii. Since this matter is follow up of the judgement of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, supra, directions in the judgement are quoted below:
"7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50%, that of the State Government concerned (including the Union Territory concerned) is 25%. The balance 25%, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up "common 3 effluent treatment plants", according to the learned counsel, is not only financial, but also, the requirement of land acquisition, for the same.
x.................................x......................................x
10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of 4 the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall 5 be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.
x.................................x....................................x
16. It however needs to be clarified, that the instant directions and time lines, shall not in any way dilute any time lines and directions issued by Courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated time lines would expire before the ones expressed through the directions recorded above. It is clarified, that the time lines, expressed hereinabove will be relevant, only in situations where there are no prevalent time line(s), and also, where a longer period, has been provided for."
4. After filing and entertaining this application this Tribunal constituted a committee consisting the Collector, Burhanpur and representative of the State Pollution Control Board to submit the factual and action taken report. The committee visited the site and submitted the report as follows :-
6
1. "Observation of the Joint Committee:
i. Burhanpur is located on the bank of Tapti River. Google map of the area is enclosed.
ii. There is an industrial area at Emagird, Burhanpur (M.P.) where approx 40 no. of small scale units are installed and most of them were found operating.
iii. Industries at Emagird Burhanpur has been inspected by Officers of M.P. Pollution Control Board on dated 16, 17 February 2023 and 03 March 2023 to verify the air and water pollution control measures. Details of air pollution and water pollution control measures provided by each industry is enclosed.
iv. All processing units have installed effluent treatment plants as per requirement and treated effluent is sent to Common Effluent Treatment Plant (CETP) for further treatment via tankers. Discharge of wastewater in local drains was not observed during inspection and all the units are sending their wastewater to CETP for treatment and disposal. All the units which are having boilers have installed bag filters as air pollution control measures.
v. CETP (capacity 4.5 MLD) located at Sindhi Basti Burhanpa adjacent to the Pandrol Nallah has been installed by Municipal Corporation Burhanpur and operation is also under control of the Municipal Corporation. Treated industrial wastewater from the industries is sent to CETP by tankers for further treatment Sewage from nearby colonics of the city is also treated in the CETP. Logbook and record related to receipt and treatment of wastewater from industries at CETP was verified during inspection. It has been observed that CETP is operated and logbook of the operation has been maintained. Online fluent monitoring system for BOD COD, SS, pH at the outlet of CETP are installed and found under operation on the inspection day. Quality of treated effluent from CEIP has been monitored on dated 17.02.2023.7
vi. Quality of Tapti River water is also monitored every month at Nepanagar (upstream and downstream), Pipalghat Burhanpur & Hathnoor Burhanpur. Compiled analysis report of the river water at above 04 points locations are enclosed. Water quality of the river water has been found under category-A and B of Surface Water Quality Standards IS:2296-1982. No fish mortality in the Tapti River was come into notice.
vii. Ambient air quality of the Burhanpur City at Sindhi Basti is monitored every month by MPPCB and compiled analysis report is enclosed. As per report, ambient air quality of Burhanpur city was found within prescribed standards.
viii. Ambient air quality of the industrial area Emagird Burhanpur was also carried out on dated 16/02/2023, analysis report is enclosed. As per report, ambient air quality was found within prescribed standards.
ix. Stack emission from four industries have been monitored on dated 16.02.2023 & 17.02.2023. Compiled analysis report is enclosed. As per the analysis reports stack emissions from the industries were found within prescribed standards. The boilers of the industries are operated by fuels like wood and agro briquettes. During inspection none of the industries were found burning tyres to operate the boilers.
2. Action taken:
i. During inspection on dated 17.02.2023 the industry named M/s Rehmaniya Textile, 299/1-2, Gram-Fatehpur was found violating the consent conditions by storing waste water in kuchha pond and not disposing to CETP, therefore, notice under Section 33 "A" of the Water (Prevention & Control of Pollution) Act 1974 has been issued vide dated number 831 date 06.03.2023, copy of the notice is enclosed.
ii. CETP is inspected regularly by MPPCB to ensure its operation and time to time notices are also issued if violations are found. Notice issued on 05.01.2023 is enclosed. CETP operator/ Municipal Corporation Burhanpur has been directed to ensure 8 the treatment of industrial effluent from the industries upto prescribed standards.
iii. The applicant has complaint regarding cutting of forest. In this regard, District Forest Officer has been informed to take appropriate action of any such cases are received, however it is stated that no such cases have been come into notice.
iv. The applicant has complaint regarding Burning of forage resulting in cattle mortality cue to hunger. In this regard Deputy Director, Veterinary & Animal Husbandry Burhanpur has told during inspection that no such cases have been come into notice.
3. Conclusions i. It is submitted that regular inspection and monitoring is conducted by the M.P. Pollution control Board with respect to air and water pollution control. ETP and APC were found operating.
ii. Action has been taken against violators It is submitted that CETP is regularly operated and partially treated wastewater is sent to CETP for further treatment. CETP is also inspected monthly basis by MPPCB and was found operating. iii. Tapti River water quality is tested on monthly basis and as per report, the river water quality has been found under category-A or B of the Surface Water Quality Standards IS:2296-1982 iv. No fish mortality has been come into notice. v. No mortality of birds due to industrial waste and air pollution has also come into notice.
vi. No tyre burning for operation of boilers in the industrial unit was observed.
vii. The applicant has complaint regarding cutting of this regard District Forest officer Burhanpur has been informed to take action.
9 viii. The applicant has complaint regarding Ring off in cattle mortality due to hunger. In this regard such cases have been come into notice."
4. Further action taken report by the Madhya Pradesh Pollution Control Board has been filed on 03.04.2024 with the following facts:-
1. "Vide order dated 10.01.2023 a committee was constituted consisting District Magistrate, Burhanpur, M.P. and the representative of the State Pollution Control Board with direction to submit the factual and action taken report. The report reveals following violations:-
i. There are approximately 40 number of small scale units installed in the industrial area of Emagird, Burhanpur, Madhya Pradesh, which is located on the banks of the Tapti River.
ii. During the inspection the industry named M/s Rehmaniya Textile 299/1-2, Gram-Fatehpur was found violating the consent condition by storing waste water in Kaccha Pond and not disposing to CЕТР.
iii. Notices were issued to M/s Rehmaniya Textile, a cloth process unit for violating the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981.
iv. There are no provisions of treatment of untreated water.
v. The ETP was found non-operational and the untreated water was collected outside the campus. There are huge quantity of water which is untreated at the place of lagoon.
vi. The dissolved solid, suspended solids, chloride, BOD and COD was found violating the prescribed norm CETP was not found operational as per standard parameter.10
vii. The water which was sent to CETP for treatment was found to be directly discharged through Nala to the Tapti River
2. A report was called from the Forest Department for cutting of the trees but nothing has been reported by the Forest Department.
3. In light of above illegalities and violations of the Environment (Protection) Act, 1986, the State Pollution Control Board is directed to take remedial measures and take action against the unit violating the environmental norms and to submit the report.
The environmental compensation for violation must be calculated and reported and further action be taken by the Pollution Control Board. Forest Department should be reminded to report with regard to the cutting and felling of the trees in violation of rules. Action Taken Report
1. Actions taken against M/s Rehmaniya Textiles, 299/1-2, Gram- Fatehpur, District-Burhanpur (M.P.) :-
A. Current Status of the industry:
M/s Rehmaniya Textile, Village-Fatehpur has been inspected on dated 14/03/2024 to verify the current status of the industry. Inspection is report is enclosed. The industry has been found closed and as per inspection report the industry is not in operation from dated 21/06/2023.
B. Action taken against the industry due to violation of environmental norms:
i. M/s Rehmaniya Textile was found violating the consent conditions by storing wastewater in kuchcha pond and not disposing the effluent to CETP during inspection dated 17/02/2023, therefore, notice U/s 33-A of Water (Prevention and Control of Pollution) Act 1974 was issued vide letter no. 831 dated 06/03/2023. Status report was submitted to NGT Principal Bench in Application O.A. No. 835/2022.11
ii. It is submitted that the Board had taken further action and issued closure direction U/s 33-A of Water (Prevention and Control of Pollution) Act 1974 to close the production vide Regional Office letter no. 2079 dated 08/06/2023 to the unit. Copy of the closure order is enclosed.
iii. In compliance of the above Closure Order, Madhya Pradesh Pashchim Kshetra Vidyut Vitran Company (i.e. MPSEB) has disconnected the electricity supply on dated 21/06/2023. Therefore industry was closed from dated 21/06/2023.
iv. A letter dated 14/07/2023 was submitted by the industry with mentioning that industry is closed from 21/06/2023 and directions of Board has been complied for. The industry had requested to issue revised directions to restart the plant. Copy of letter dated 14/07/2023 is enclosed.
v. The industry was inspected on dated 18/07/2023 in reference of industry letter dated 14/07/2023 and the industry was found closed due to disconnection of electricity. Wastewater from kuchcha pond had been disposed to CEIP for treatment and disposal. Similarly improvement in ETP was also observed. Copy of the inspection report is enclosed.
vi. After due verification and compliance of directions issued under the Water Act, revised directions were issued vide letter no. 2722 dated 26/07/2023 to restart the plant. Copy of the revised direction letter issued to the unit is enclosed.
vii. The industry has been verified time to time and it has been found that the industry has still not started production and still closed. Industry has been inspected again on dated 14/03/2024 and was found closed. No wastewater was observed in Effluent Treatment Plant (ETP) because it was operating for a long time. It was also observed that the kuchacha pond, which were earlier in existence and wastewater was found accumulated during inspection dated 17/02/2023, now the pond has been dismantled and the land was observed levelled. Copy of inspection report has already been enclosed.12
viii. In compliance of NGT Order dated 13/02/2024, it is submitted that environmental violation by Mis Rehmaniya Textile was found from dated 17/02/2023 to 21/06/2023 and accordingly environment compensation has been calculated as per the guideline issued by CPCB. Notice to the industry to deposit environment compensation of Rs. 12,40,000/- has been sent by the Regional Office letter no. 1045 dated 21/03/2024.
2. Report of Forest Department with regard to tree cutting & felling:
Hon'ble NGT has also directed to remind Forest Department with regard to the cutting and felling of the trees in violation of the rules vide its order dated 13/02/2024.
It is pertinent to submit that reminder letter no. 852 dated 05/03/2024 & letter no. 1010 dated 21/03/2024 have been sent. Copy of the letters dated 05/03/2024 & 21/03/2024 are enclosed.
It is submitted that for District Forest Officer Burhanpur has sent report regarding cutting & felling of trees vide letter no. 1334 dated 27/03/2024. Copy of the report is enclosed. As per the report forest department has taken action against the persons who were involved in the cutting of trees and controlled the illegal cutting of forest trees with the help of Police & District Administration. Approx 150 persons were arrested and sent to the jail. Forest department is continuously monitoring the activity of invaders by drones also. Night patrolling has being done in internal part of the forest area. Details of action taken may be perused in the report submitted by the Forest department.
Conclusion:
1. M/s Rehmaniya Textile has been found closed and it is closed from dated 21/06/2023. The industry has violated the environmental laws to 17/02/2023 to 21/06/2023 and therefore accordingly in compliance of NGT directions, environment compensation has been calculated and notice has been sent to the unit to deposit Rs. 12,40,000/- as environment compensation.13
2. The Forest Department through District Forest Officer Burhanpur has been informed also to submit the reports regarding cutting of trees in compliance of the directions. The Forest Department has submitted report with regard to cutting and felling of trees and the taken action to control illegal cutting in forest area."
4. The matter of default in compliance of the Environmental Rules and discharge of untreated water into the water-bodies, causing pollution and human health hazards was considered by this Tribunal in above noted cases and it was observed as follows:-
i. By order of 28.08.2019 in OA 593/2017, the Tribunal set up a compensation regime for default. The Tribunal considered the CPCB reports dated 30.05.2019, 19.07.2019 and 14.08.2019 with compiled status of setting up of ETPs/CETPs/STPs and methodology for assessment of environmental compensation. The compensation regime discussed in the said order is quoted below:
"14. A report has also been prepared on the scale of environmental compensation to be recovered from individual/authorities for causing pollution or failure for preventing causing pollution, apart from illegal extraction of ground water, failure to implement Solid waste Management Rules, damage to environment by mining and steps taken to explore preparation of an annual environmental plan for the country. Extracts from the report which are considered significant for this order are:
"I. Environment Compensation to be levied on Industrial Units Recommendations The Committee made following recommendations:14
To begin with, Environmental Compensation may be levied by CPCB only when CPCB has issued the directions under the Environment(Protection) Act, 1986. In case of a, band c, Environmental Compensation may be calculated based on the formula "EC= Pl x N x Rx S x LF", wherein, Pl may be taken as 80, 50 and 30 for red, orange and green category of industries, respectively, and R may be taken as 250. Sand LF may be taken as prescribed in the preceding paragraphs.
In case of d, e and f, the Environmental Compensation may be levied based on the detailed investigations by Expert Institutions/Organizations.
The Hon'ble Supreme Court in its order dated 22.02.2017 in the matter of Paryavaran Suraksha Samiti and another v/s Union of India and others {Writ Petition {Civil) No. 375 of 2012), directed that all running industrial units which require "consent to operate" from concerned State Pollution Control Board, have a primary effluent treatment plant in place. Therefore, no industry requiring ETP, shall be allowed to operate without ETP.
EC is not a substitute for taking actions under EP Act, Water Act or Air Act. Infact, units found polluting should be closed/prosecuted as per the Acts and Rules.
II. Environmental Compensation to be levied on all violations of Graded Response Action Plan(GRAP) in NCR.
Table No. 2.1: Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in Delhi-NCR.
Activity State Of Air Quality Environmental
Compensation()
Industrial Emissions Severe+/Emergency Rs1.0Crore
Severe Rs50Lakh
Very Poor Rs25Lakh
Moderate to Poor Rs10Lakh
15
Vapour Recovery System(VRS)at Outlets of Oil Companies i. Not installed Target Date Rs1.0Crore ii. Nonfunctional Very poor to Severe+ Rs50.0Lakh Moderate to Poor Rs25.0Lakh Construction sites Severe+/Emergency Rs1.0Crore (Offending plot Severe Rs50Lakh more than 20,000 Very Poor Rs25Lakh Sq.m.) Moderate to Poor Rs10Lakh Solid waste/ Very poor to Severe+ Rs25.0Lakh garbage dumping in Industrial Estates Moderate to Poor Rs10.0Lakh Failure towater sprinkling on unpaved roads
a)Hot-spots Very poor to Severe+ Rs25.0Lakh
b)Other than Hot- Very poor to Severe+ Rs10.0Lakh spots III. Environmental Compensation to be levied in case of failure of preventing the pollutants being discharged in waterbodies and failure to implement waste management rules:
Table No. 3.3: Minimum and Maximum EC to be levied for untreated/partially treated sewage discharge Class of the Mega-City Million-
Class-I
City/Town plus City
City/Tow
n and
others
Minimum and Min.2000 Min.1000 Min.100
Maximum values of Max.20000 Max.10000 Max.1000 EC (Total Capital Cost Component) recommended by the Committee (Lacs Rs.) Minimum and Min.2 Min.1 Min.0.5 Maximum values of Max.20 Max.10 Max.5 EC (O&M Cost Component) recommended by the Committee (Lacs Rs./day) 16 Table No. 3.4: Minimum and Maximum EC to be levied for improper municipal solid waste management Class of the Mega- Million- Class-I City/Town City plus City City/Town and others Minimum and Min.1000 Min.500 Min.100 Maximum values of Max.100 Max.5000 Max.1000 EC (Capital Cost 00 Component) recommended by the Committee (Lacs Rs.) Minimum and Min.1.0 Min.0.5 Min.0.1 Maximum values of Max.10.0 Max.5.0 Max.1.0 EC (O&M Cost Component) recommended by the Committee(Lacs Rs./day)
3.3 Environment Compensation for Discharge of Untreated/Partially Treated Sewage by Concerned Individual/ Authority:
BIS 15-1172:1993 suggests that for communities with population above 100,000, minimum of 150 to 200 lpcd of water demand is to be supplied. Further, 85% of return rate (CPHEEO Manual on Sewerage and Sewage Treatment Systems, 2013}, may be considered for calculation of total sewage generation in a city. CPCB Report on "Performance evaluation of sewage treatment plants under NRCD, 2013", describes that the capital cost for 1 MLD STP ranges from 0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per month. After detail deliberations, the Committee suggested to assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal average cost). Further, expected cost for conveyance system is as someday Rs. 5.55 Cr./MLD (marginal average cost) and annual O&M cost as 10% of the combined capital cost. Population of the city may be taken as per the latest Census of India. Based on these assumptions, Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:17
EC=Capital Cost Factor x[Marginal Average Capital Cost for Treatment Facility x (Total Generation-
Installed Capacity) + Marginal Average Capital Cost for Conveyance Facility x(Total
Generation-Operational Capacity)]+O&M Cost Factor x Marginal Average O&M Cost x(Total Generation- Operational Capacity)x No. of Days for which facility was not available +Environmental Externality x No. of Days for which facility was not available Alternatively;
EC(Lacs Rs.)=[17.S{Total Sewage Generation- Installed Treatment Capacity)+ 55.S{Total Sewage Generation-Operational Capacity)]+ 0.2(Sewage Generation-Operational Capacity) x N + Marginal Cost of Environmental Externality x (Total Sewage Generation-Operational Capacity) X N Where; N=Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Quantity of Sewage is in MLD xxx...................................xxx................................xx 3.4 Environment Compensation to be Levied on Concerned Individual/Authority for Improper Solid Waste Management:
Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC = Capital Cost Factor x Marginal Average Cost for Waste Management x (Per day waste generation-Per day waste disposed as per the Rules) + O&M Cost Factor x Marginal Average O&M Cost x (Per day waste generation-Per day waste disposed as per the 18 Rules) x Number of days violation took place + Environmental Externality x N Where;
Waste Quantity in tons per day(TPD) N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Simplifying;
EC (Lacs Rs.) = 2.4(Waste Generation - Waste Disposed as per the Rules) +0.02 (Waste Generation Waste Disposed as per the Rules) x N + Marginal Cost of Environmental Externality x (Waste Generation - Waste Disposed as per the Rules) x N xxx........................xxx .................................. xxx
5. For assessment of the compensation the Tribunal considered the report of the CPCB and the date of enforcement and directed as follows:-
i. The Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water in the report dated 30.05.2019 is accepted and the same may be acted upon as an interim measure.
ii. SPCBs/PCCs may ensure remedial action against non-
compliant CETPs or individual industries in terms of not having ETPs/fully compliant ETPs or operating without consent or in violation of consent conditions. This may be over seen by the CPCB. CPCB may continue to compile information on this subject and furnish quarterly reports to this Tribunal which may also be uploaded on its website.
iii. All the Local Bodies and or the concerned departments of the State Government have to ensure 100% treatment of 19 the generated sewage and in default to pay compensation which is to be recovered by the States/UTs, with effect from 01.04.2020. In default of such collection, the States/UTs are liable to pay such compensation. The CPCB is to collect the same and utilize for restoration of the environment.
iv. The CPCB needs to collate the available data base with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-wise macro picture in terms of gaps and needed interventions.
v. The Chief Secretaries of all the States/UTs may furnish the irrespective compliance reports on this subject also in O.A. No. 606/2018."
6. India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water2. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual 6% loss in the country's GDP3. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by 2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695 BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable. India is 2 Source: WRIA queduct; WHO GlobalHealthObservatory 3 Source:McKinsey&WRG,'Chartingourwaterfuture',2009;WorldBank;TimesofIndia 20 undergoing the worst water crisis in its history. Already, more than 600 million people4 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates5. Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people6. With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
7. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017 of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.7
8. As per ‗National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year 20138. Main Causes of Pollution of Rivers
9. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio- 4 Source: World Resource Institute 5 Source: World Resource Institute 6 Source:UNWater,'Managingwaterunderuncertaintyandrisk',2010;WorldBank (Hindustan Times, The Hindu).
7https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water- borne-disease-in-india-58143/ 8 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 21 medical waste, municipal solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. In spite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti- pollution measures, satisfactory situation has not been achieved. As per CPCB's report 2016, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
10. And lastly directions were issued as follows :-
"We now sum pour directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593 / 2017 by 31.03.2020 at least to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed video dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the 22 case of river Ganga i.e. Rs. 10 lakhs per month per STP. iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.
iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020. v. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.
vii. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.
viii. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms. ix. CPCB may finalize its recommendations for action plans relating to P-III and P-IV as has been done for P-I and P-II 23 on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forth with, if not already started. x. The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A.No.06/2012.
xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio-magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail at [email protected].
xii. Rivers which have been identified as clean may be maintained."
11. In view of the above, we are of opinion that the monitoring by the Tribunal cannot be unending and must now be taken over by the concerned authorities. The road map stands laid out. Action plans have been prepared for remediation of all the 351 identified polluted river stretches. Gaps have been identified for ETPs/CETPs/STPs (including modular STPs wherever necessary). Timelines are clear. Sources of funding are clear in the Supreme Court order. HAM model is also available as per Govt. of India Policy mentioned in the report of the CMC. Alternative conventional methods of bio/phytore mediation are also available as mentioned in the report of the CMC. Existing treatment capacity is not fully utilised. New projects, already ongoing or those yet to commence need to be expedited. Consequences for delay in terms of compensation and administrative measures have been clearly mentioned. The river rejuvenation committees 24 in the States/UTs, as per directions of the Chief Secretaries may perform their obligations accordingly which may be monitored by the Central Monitoring Committee, headed by Secretary, Jal Shakti, as directed earlier.
12. We find that the monitoring mechanism introduced as per directions of this Tribunal in the form of RRCs at the States level and CMC at the Central level is to an extent identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification 2016. However, mechanism under the 2016 notification being statutory and exhaustive, it will be better that the same is adopted for all the river stretches as issues involved are common. The Empowered Task Force on river Ganga headed by Union Minister of Jal Shakti may exercise all powers and discharge all functions in relation to all the polluted river stretches in the same manner as the functions entrusted to it under the River Ganga 2016 order for control of pollution and rejuvenation of polluted river stretches. This is necessary so that the Nation/Central Monitoring Mechanism can be effective, in view of continuing failure of statutory mechanism under the Water Act for preventing pollution of water, resulting in pollution of almost all the rivers and water bodies in the country, posing serious threat to availability of potable water for drinking purposes as well as for safety of food chain. Hardly any accountability has been fixed for such serious failures. It will be open to the MoJS to issue any further appropriate statutory order to give effect to the above directions under the EP Act. The National/Central Mechanism may enforce the earlier directions of this Tribunal for collecting compensation for the failure to commence or complete the projects for setting up of sewage treatment equipments or taking steps for interim remediation measures. This is necessary for accountability for the failure to obey the law. The compensation so assessed may be deposited in 25 a separate account to be used for rejuvenation of the polluted river stretches in the same manner as directed in the case of Ganga quoted above. As directed vide order dated 19.12.2018 in OA 673/2018, responsibility to pay compensation on behalf of the States/UTs will be of the Chief Secretaries. As per scheme of the NGT Act, every order of NGT is executable as decree of Civil Court9.
Further, failure to comply order of the NGT is an offence punishable with imprisonment upto three years or fine upto Rs. 10 crores with additional fine for continuing offence after conviction10. If the offence is by a Government Department, Head of the Department is deemed to be guilty11. Cognizance of the offence can be taken by a Court on a complaint of Central Government or any other person who has given notice to the Central Government or its authorized representative. The complaint can be filed before a Court of Magistrate of first class. It is, thus, necessary in view of continuing violation of NGT order, requiring payment of compensation to reiterate the direction of responsibility for payment of compensation, to be of the Chief Secretaries and in default, their liability to be proceeded against for coercive measures for execution or by way of prosecution as per NGT Act, 2010.
13. Our directions are summed up as follows:
(i) In the light of observations in Para 38 above, MoJS may devise an appropriate mechanism for more effective monitoring of steps for control of pollution and rejuvenation of all polluted river stretches in the country. The said mechanism may be called ―National River Rejuvenation 9 Section 25ofthe NGT Act, 2010read with Section 51ofthe CPC providing formode of execution which include civil imprisonment 10 Section26 11 Section28 26 Mechanism‖ (NRRM) or given any other suitable name.
NRRM may also consider the observations with regard to setting up of National/State/District Environment Data Grid at appropriate levels as an effective monitoring strategy.
(ii) Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM. Other steps in terms of action plans for abatement to pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining eflow, protecting floodplains, using treated sewage for secondary purposes, developing bio- diversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. betaken effectively. The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.
(iii) The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.
(iv) Directions of this Tribunal in earlier order, the last being dated 21.9.2020 are reiterated.
(v) The NRRM and the Chief Secretaries of all the States/UTs 27 may take into account the observations in Paras 24 to 38 above.
(vi) In view of discussion in para 38 above, it is made clear that accountability for failure to comply with the direction for payment of compensation will be of the concerned Chief Secretaries under Sections 25, 26, 28 and 30 of the NGT Act, 2010. The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution.
14. In light of the above discussion, we direct the State PCB to periodically monitor the industries which are violating the water and discharging the untreated water into the river or water bodies and in case of default in compliance of the Environmental Rules or discharging the untreated water into the open land or the water bodies must be strictly dealt with according to rule.
15. With these observations, the Original Application No. 22/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 05th April, 2024 O.A No. 22/2024(CZ) PN 28