National Green Tribunal
Compliance Of Municipal Solid Waste ... vs . Union Of India & Ors., on 25 July, 2024
Item No. 14 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 606/2018
(IA No. 163/2021 & IA No. 299/2024)
(In respect of U.T. of Puducherry)
Compliance of Municipal Solid Waste Management Rules, 2016 and other
environmental issues.
Date of hearing: 25.07.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Abhimanyu Garg, Standing Counsel
Dr. Sharat Chauhan, Chief Secretary,
Mr. Ashish More, Finance Secretary,
Mr. Jawahar, Secretary, Envt.,
Mr. Jayentra Kumar Ray,
Mr. Yasan Lakshmi Narayana Reddy Director DSTE
Mr. Shakthy Vel, Director, LAD,
Dr. N. Ramesh, Member Secretary, PPCC.
ORDER
1. Status of compliance of orders of Tribunal on the subject of solid waste and allied issues including the management of liquid waste is involved in this Original Application (hereinafter referred to as 'OA').
2. The matter arose before us on transfer of proceedings in Writ Petition No. 888/1996, Almitra H. Patel Vs. Union of India & Ors., vide Supreme Court's order dated 02.09.2014.
3. In the last several decades, it has been repeatedly held by Supreme Court that right of clean environment, clean air and clean water is the fundamental right and part of Article 21 of the Constitution. It is also said that it is the responsibility of the local body as well as State to ensure that public health is preserved by taking all possible steps and for 1 complying the said obligation, financial inability is no excuse. Supreme Court appointed Barman Committee which submitted a report on 06.01.1998 which was accepted. The said report led to draft of management of Municipal Solid Waste Rules, 1999 which have now ultimately being superseded and replaced by Solid Waste Management Rules, 2016 (hereinafter referred to as 'SWM Rules, 2016'). Various directions were issued by Supreme Court for proper management of Municipal Solid Waste which included orders dated 24.08.2000, 04.10.2004, 15.05.2007 and 19.07.2010 in Almitra H. Patel vs. Union of India (Supra). All the States were parties before Supreme Court where action plans were prepared and updated as per revisesd Rules.
4. In the Supreme Court order in Almitra H. Patel and Anr. v. Union of India & Ors. reported in (2000) 2 SCC 678, it was observed that local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non- accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner contribute heavily to the problem of solid waste. The number of slums have multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers. Instead of "slum clearance" there is "slum creation" in the cities which is further aggravating problem of domestic waste being strewn in the open. The Court directed compliance of Local Bodies Statutes like Delhi Municipal Corporation Act, 1957, New Delhi Municipal Council Act, 1994 and Cantonments Act, 1994 in so far as its provisions are concerned with regard to sanitation and public health. Court also said that streets and public premises be cleaned daily, statutory authorities levy and recover charges from any person violating laws and ensure scientific disposal of 2 waste, landfill sites be identified keeping in mind requirement of the city for next 20 years and environmental considerations, sites, be identified for setting up of compost plants, steps be taken to prevent fresh encroachments and compliance report be submitted within eight weeks.
5. In Almitra H. Patel vs. Union of India (Supra), in the order reported in (2004) 13 SCC 538, Supreme Court has observed in para 3 and 6 as under:-
"3. Lack of funds is no excuse for inaction. Smaller towns in every State should go and learn from Suryapet in A.P. (population 103,000) and Namakkal in T.N. (population 53,000) which have both seen dustbin-free 'zero garbage towns' complying with the MSW Rules since 2003 with no financial input from the State or the Centre, just good management and a sense of commitment.
4&5.........................xxx.............................xxx.....................xxx
6. The admitted position is that the MSW Rules have not been complied with even after four years. None of the functionaries have bothered or discharged their duties to ensure compliance. Even existing dumps have not been improved. Thus, deeper thought and urgent and immediate action is necessary to ensure compliance in future."
6. After the transfer of the proceedings in Almitra H. Patel vs. Union of India (Supra), this Tribunal took up the matter from time to time and ultimately after noticing that SWM Rules, 2016 had been notified on 08.04.2016, disposed of the matter vide order dated 22.12.2016 issuing various directions. One of the direction was to the Chief Secretaries/Advisors of the States/Union Territories to take immediate steps to comply all the directions and submit compliance report. The extract of the directions are as under:
"9. We direct that the Committees constituted under Rule5 would meet at least once in three months and not once in a year as stipulated under the Rules of 2016. The minutes of the meeting shall be placed in the public domain. Directions, on the basis of the minutes, shall be issued immediately after the meeting, to the concerned States, local bodies, departments and Project Proponents. 3
10. The State Government and the local authorities shall issue directives to all concerned, making it mandatory for the power generation and cement plants within its jurisdiction to buy and use RDF as fuel in their respective plants, wherever such plant is located within a 100 km radius of the facility.
In other words, it will be obligatory on the part of the State, local authorities to create a market for consumption of RDF. It is also for the reason that, even in Waste to Energy plants, Waste-RDF-Energy is a preferred choice.
11. In Waste to Energy plant by direct incineration, absolute segregation shall be mandatory and be part of the terms and conditions of the contract.
12. The tipping fee, wherever payable to the concessionaire/operator of the facility, will not only be relatable to the quantum of waste supplied to the concessionaire/operator but also to the efficient and regular functioning of the plant. Wherever, tipping fee is related to load of the waste, proper computerised weighing machines should be connected to the online system of the concerned departments and local authorities mandatorily.
13. Wherever, the waste is to be collected by the concessionaire/operator of the facility, there it shall be obligatory for him to segregate inert and C&D waste at source/collection point and then transport it in accordance with the Rules of 2016 to the identified sites.
14. The landfill sites shall be subjected to bio-stabilisation within six months from the date of pronouncement of the order. The windrows should be turned at regular intervals. At the landfill sites, every effort should be made to prevent leachate and generation of Methane. The stabilized waste should be subjected to composting, which should then be utilized as compost, ready for use as organic manure.
15. Landfills should preferably be used only for depositing of inert waste and rejects. However, if the authorities are compelled to use the landfill for good and valid reasons, then the waste (other than inert) to be deposited at such landfill sites be segregated and handled in terms of Direction 13.
16. The deposited non-biodegradable and inert waste or such waste now brought to land fill sites should be definitely and scientifically segregated and to be used for filling up of appropriate areas and for construction of roads and embankments in all road projects all over the country. To this effect, there should be a specific stipulation in the contract awarding work to concessionaire/operator of the facility.
17. The State Government, Local Authorities, Pollution Control Boards of the respective States, Pollution Control Committees of the UTs and the concerned departments would ensure that they open or cause to be opened in discharge of Extended Producer Responsibility, appropriate number of centers in every colony of every district in the State which would collect or require residents of 4 the locality to deposit the domestic hazardous waste like fluorescent tubes, bulbs, batteries, electronic items, syringe, expired medicines and such other allied items. Hazardous waste, so collected by the centers should be either sent for recycling, wherever possible and the remnant thereof should be transported to the hazardous waste disposal facility.
18. We direct MoEF&CC, and the State Governments to consider and pass appropriate directions in relation to ban on short life PVC and chlorinated plastics as expeditiously as possible and, in any case, not later than six months from the date of pronouncement of this judgment.
19. The directions and orders passed in this judgment shall not affect any existing contracts, however, we still direct that the parties to the contract relating to management or disposal of waste should, by mutual consent, bring their performance, rights and liabilities in consonance with this judgment of the Tribunal and the Rules of 2016. However, to all the concessionaire/operators of facility even under process, this judgment and the Rules of 2016 shall completely and comprehensively apply.
20. We specifically direct that there shall be complete prohibition on open burning of waste on lands, including at landfill sites. For each such incident or default, violators including the project proponent, concessionaire, ULB, any person or body responsible for such burning, shall be liable to pay environmental compensation of Rs. 5,000/- (Rs. Five Thousand only) in case of simple burning, while Rs. 25,000/- (Rs. Twenty Five Thousand only) in case of bulk waste burning. Environmental compensation shall be recovered as arrears of land revenue by the competent authority in accordance with law."
7. For effective compliance and implementation of SWM Rules, 2016 and other similarly connected Rules, Tribunal found it appropriate to call upon the Chief Secretaries/Advisors of all the States/UTs and directed to appear in person and be ready to interact on the following points:-
"a. Status of compliance of SWM Rule, 2016, Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016 in their respective areas.
b. Status of functioning of Committees constituted by this order.
c. Status of the Action Plan in compliance vide order dated 20.09.2018 in the News Item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB (Original Application No. 673/2018).
d. Status of functioning of Committees constituted in News Item Published in "The Times of India' Authored by Shri Vishwa Mohan Titled "NCAP with Multiple timelines to Clear Air in 102 Cities to be released around August 15" dated 08.10.2018.5
e. Status of Action Plan with regard to identification of polluted industrial clusters in O.A. No. 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels" dated 13.12.2018.
f. Status of the work in compliance of the directions passed in O.A. No. 173 of 2018, Sudarsan Das v. State of West Bengal & Ors. Order dated 04.09.2018.
g. Total amount collected from erring industries on the basis of 'Polluter Pays' principle, 'Precautionary principle' and details of utilization of funds collected.
h. Status of the identification and development of Model Cities and Towns in the State in the first phase which can be replicated later for other cities and towns of the State."
8. First round of interaction of the Chief Secretaries/Advisors of various States/UTs was taken up on various dates commencing from 05.03.2019 to 29.04.2019. The reports submitted by them was also considered. Directions were given for further course of action and they were directed to appear again with status of compliance and progress after six months. This was necessary so as to ensure protection of environment and restoration and to give it the highest priority in view of serious challenge posed by deteriorated environment in large scale violation. The involvement of highest Executive Officer in the State was under the hope and trust that their involvement will result in improvement of situation and lead to better protection of quality of air, water, environment and public health.
9. The Chief Secretary, State of Puducherry appeared on 29.04.2019 and submitted status report. The Tribunal found that steps required to be taken under Rule 22 of SWM Rules, 2016 have yet not been completed. Huge gap was noticed in the steps taken and required to be taken in terms of Rules. Tribunal, in its order dated 29.04.2019, referred to some data provided by Central Pollution Control Board (hereinafter referred to as 'CPCB') in respect of State of Puducherry which were 6 updated on the basis of report submitted by State and summarized in para 36 as under:-
1. Solid Waste Number of towns to be covered: 2 Management Local Bodies: 15 Waste Generation : 398.5 TPD Collected : 398.5 TPD Treated : 10.0 TPD Landfilling : 388.5 TPD No. of Dumpsites :03
2. Plastic Waste Waste Generation :9252.25 TPA Management No. of registered Manufacturing Units:18 No. of Unregistered Manufacturing Units: Not Provided
3. Biomedical No of Hospitals : 242+ Waste Authorizations granted: 162 Waste Generation : 5400 kg/d Treatment : 5400 kg/d Common Bio-
medical waste Treatment Facilities : 1 No. of Captive Facilities : Nil There is no common biomedical waste treatment facility: 1
4. Polluted River P(IV)- 1 Arasalar Stretches P(V)- 1 Chunnambar Total -2
5. Air Quality There is no city from Puducherry in the list of non-
Management attainment cities
6. Industrial No PIA was identified/monitored during 2018 by
Clusters CPCB
7. ETP, CETP, ETPs
STPs No. of industries which require ETP : 92
No. of industries having functional ETP: 90 No. of industries complying : 83 No. of industries non-complying: 7 STPs No. of STPs : 75 No. of STPs complying : 62 No. of STPs non-complying: 13 CETPs No CETP in the Union Territory 7
10. Tribunal found huge violation and gaps, thus, recorded its observations and findings in para 45 about unsatisfactory situation of environment and need for having an effective monitoring cell directly attached to the office of the Chief Secretary with experts in environment and related issues. Thereafter, Tribunal issued following directions:-
"47. In view of above, after discussion with the Chief Secretary, following further directions are issued:
"i. Apart from three municipalities declared as model cities, three Villages may be identified within two weeks and made fully compliant in respect of environmental norms within six months. Remaining Union Territory may be made fully compliant within one year.
ii. A quarterly report be furnished by the Chief Secretary, every three months. First such report shall be furnished by August 5, 2019.
iii. The Chief Secretary may personally monitor the progress, atleast once in a month, with all the District Magistrates.
iv. The District Magistrates may monitor the status of compliance of environmental norms, atleast once in two weeks.
v. The District Magistrates or other Officers may be imparted requisite training.
vi. Estimate of value of environmental degradation and cost of restoration be prepared and compensation be planned and recovered from polluters for environmental restoration and restitution on that basis.
vii. Performance audit of functioning of all regulatory bodies may be got conducted and remedial measures be taken, within six months.
viii. Consider introduction of a policy of giving ranking, based on performance on the subject of environment and giving of rewards or other incentives on that basis to individual areas, localities, institutions or individuals. This may also include encouraging students or other citizens significantly contributing to the cause of environment. The best practices may be evolved, if necessary, in the light of experiences on the subject. This may help in educating and involving public at large which may help in enhancing of environmental laws.
ix. The Chief Secretary may remain present in person before the Tribunal with the status of compliance in respect of various issues mentioned in para 22 as well as any other issues 8 discussed in the above order on 18.11.2019. It is made clear that Chief Secretary may not delegate the above function and the further requirement of appearance before this Tribunal to anyone else. However, it will be open to him to change the date, by advance intimation by e-mail at [email protected] to adjust their convenience."
11. It was also observed in para 48 of the order dated 29.04.2019 that issue of recovery of damages from State for failure to comply with environmental norms, including statutory rules and orders of this Tribunal will be considered later.
12. The issue of liquid waste management came up before Tribunal in view of Supreme Court's order in Paryavaran Suraksha vs. Union of India reported in (2017) 5 SCC 326. Supreme Court fixed deadline of 31.03.2018. This Tribunal monitored the matter and passed orders dated 28.08.2019, 06.12.2019 and 22.02.2021 dealing with liquid waste management. Thereafter, the matter was taken up from time to time. Another Schedule for appearance of Chief Secretary was fixed but their appearance was dispensed with due to Covid conditions.
13. CPCB submitted report dated 25.10.2020 giving compliance status in 32 States/UTs as it did not show a satisfactory picture at all. The issue of liquid waste management was separately dealt with in OA No. 593/2017 as per directions of Supreme Court and Tribunal vide order dated 28.08.2019 directed that 100% sewage treatment must be ensured by all local bodies. Even it proposed subsequently, for imposition of Environmental Compensation at the rate of 5 lakh per month per drain after 31.03.2020 and for failure to commence setting up of STPs after 31.03.2020, compensation at the rate of Rs. 5 lakh per month per STP. For failure to complete the project, compensation required to be paid was proposed at the rate of 10 lakhs per STP per month after 31.03.2021. 9
14. The matters of solid waste and liquid waste, both were disposed of by order dated 22.02.2021 with the direction that further monitoring be continued at the level of Chief Secretaries in States and Central Monitoring Committee headed by Secretary, Ministry of Jal Shakti at the national level.
15. As the things did not improve, the execution of order was again taken up and Chief Secretary, Puducherry appeared before Tribunal on 28.07.2022 along with compliance status report and presentation. The summary status of Solid Waste Management and Sewage Waste Management as noticed in the order dated 28.07.2022 is as under:-
A): Solid Waste Management
Quantity of waste Waste Gap in Quantity of waste No. of Status of Bio-mining
generation in the Processed generation and being disposed in Legacy
State (in TPD) Processing landfills waste dump
(in TPD) (in TPD) (in TPD sites
Puducherry: 310 11.02 298.98 298.98 03 01 commenced
Karaikal: 40 33.5 0 6.5 - -
Yanam: 20 12.5 0 0 - -
Mahe: 12.5 1 19 19 - -
Total: 382.50 58.02 317.98 324.48 03 01 commenced
B): Sewage Management
Quantity of sewage Treatment Current Gap in Utilization of treated sewage in
generation in the State capacity in treatment
(in MLD) MLD (MLD) Agriculture/ Industrial Any other
Horticulture purpose purpose
purpose
Puducherry: 71.0 56 15.0 6.0+0.3 = 6.3 1 MLD 9.0 MLD
MLD
Karaikal: 10.6 NIL 10.6
Yanam: 6.0 NIL 6.0
Mahe: 4.5 NIL 4.5
Total 92.1 56 36.1
16. The Tribunal in para 28 and 32 observed as under:-
"28. In solid waste management, there is a gap of 317.98 TPD. Pondicherry Municipality is processing only 7.05 TPD out of 155 TPD generation, Oulgaret Municipality processes only 3.97 TPD out of 155 TPD of waste generation and Yanam Municipality is processing only 1 TPD out of 20 TPD generation. Thus, the processing is insignificant which is a matter of concern. On the issue of sewage management, 10 absolutely no treatment capacity is shown to be in place at Karaikal, Mahe and Yanam. Oulgaret Municipality is sharing treatment of sewage with Pondicherry Municipality. Further, three out of 82 STPs installed by industries are mentioned as non-compliant (as shown at page 15 of report). Under the heading "Plastic Waste Management", out of 34 TPD plastic waste generated in the municipal areas, only 14 TPD is recovered/recycled remaining 20 TPD is landfilled (as shown at page 11). This needs to be avoided and sent to authorized plastic recyclers. Data reported is not consistent in case of solid waste management as shown by the figures reported in the quarterly progress report filed on 29.04.2019 and present report filed on 27.07.2022:
Solid Waste Management 2019 2022 Puducherry 175 155 Oulgaret 200 155 Karaikal 40 40 Yanam 25 20 Mahe 10 12.5 29to31..................xxx....................xxx.......................xxx
32. Till the reported gap of 317.98 TPD is bridged by processing solid waste and treating untreated liquid waste of 36.1 MLD, it will continue to remain source of degradation of environment and damage to public health, including deaths and diseases which the society can ill afford. Hence the urgency of the situation for good governance ensuring emergent measures in public interest to protect the environment and public health and discharge of Constitutional obligation."
17. It was also observed that remedial action cannot wait for indefinite period which was an attempt on the part of Administration and authorities. The deficit of budgetary allocation could not be a ground to ignore issue of environment and also not a justification to continuously cause breach of the laws made for protection of environment. Tribunal therefore, issued various directions to Chief Secretary for compliance of the environmental laws so as to protect the environment in UT of Puducherry while showing compliance of statutory provisions in words and spirit. In order to impose environmental compensation, notice was 11 issued by the Tribunal to the Chief Secretary, Puducherry vide order dated 07.09.2022.
18. Pursuant thereto, a response was filed by the Chief Secretary on 19.11.2022 and it appeared in person also on 24.11.2022.
19. From the status report dated 19.11.2022, Tribunal found that out of 6.5 lakh MT of legacy waste, 3.41 Lakh MT was remediated and remaining had to be remediated. It was proposed that processing plants of 350 TPD will be set up at Puducherry and similar efforts shall be made at Karaikal and Yanam. It was also stated that Mahe region has already been notified as 'Zero Garbage' with regard to sewage management. At Puducherry, there was a gap of 15 MLD; at Karaikal, the gap was 10 MLD; at Mahe, the gap was 4.5 MLD and at Yanam, the gap was 6.0 MLD. It was said that by setting up of STPs, the said gap shall be bridged.
20. A proposal was made by Chief Secretary that instead of levying Environmental Compensation issue regular funds are available, it may be allowed to utilize the said funds for the proposed work including the work already in progress. The following statement of Chief Secretary was recorded by Tribunal in para 7 of the order which was made during hearing of the matter:-
"7. During the hearing, it is submitted that compensation need not be levied on Puducherry as it has already allocated, requisite funds are readily available and works are in progress. We record following statement of the Chief Secretary made during the hearing:
"I admit that out of 6.5 lakhs tons of legacy waste accumulated in the U.T. of Puducherry, 3.41 lakhs tons have been cleared by bio-mining so far. An amount of Rs. 48.27 Crores has been identified and earmarked exclusively for disposal of the legacy waste. The work is progressing in full swing in Puducherry and will be completed by March 2023. Concessionaire has been engaged in Yanam and work will be completed by April 2023. Tender for the legacy waste has been floated for Karaikal and will also be completed by April 12 2023. We humbly submit that the legacy waste accumulated in the UT of Puducherry will be cleared by April 2023. I also admit that with regard to solid waste processing in UT of Puducherry, 100% processing has been achieved both in Karaikal and Mahe Municipality. With respect to Yanam Municipality, the work order has been issued. The operator has started the collection and segregation from the source itself. The land has been identified for setting up the processing plant which will be completed shortly and the processing will start by December 2022. As far as Puducherry region is concerned, RFP already been floated for setting up of processing plant at Kurumampet for 350 TPD and the letter for award will be issued by December 2022. It is submitted that, with these measures, the management of solid waste Management on day-to-day basis will be streamlined in the UT of Puducherry. Requisite funds of Rs. 50.00 Crores have been adequately earmarked under the State budget and SBM for setting up of the processing plants. Further, I admit that there is gap of treatment of 15MLD sewage generated in Puducherry urban area. The Government of Puducherry is taking sincere efforts to bridge the gaps in the treatment of sewage generated by earmarking adequate funds for establishment of STPs. Rs. 28.15 crores has been sanctioned under AMRUT Scheme for setting up of 2 STPs in Puducherry region and Rs. 27 Crores has been earmarked for setting up of 10 MLD STP in Karaikal region. The tendering work will commence immediately and it is expected that the work will be completed by June 2023 in Puducherry and Karaikal region. With respect to the Mahe and Yanam region, Rs.25.50 crores has been allocated under SBM (U) 2.0 and the work will be completed by June 2023.
Therefore, it is submitted that the UT of Puducherry is taking sincere efforts towards mitigating the gap in sewage treatment. I assure you that by June 2023, Government of Puducherry will have 100% sewage treatment facilities. I submit that, a total of Rs. 178.92 crores has been made available from various sources for disposal of legacy waste of solid waste and for establishing STP for treatment of sewage within stipulated timeline."
21. Tribunal, vide order dated 24.11.2022 relying on the statement of the Chief Secretary, the Highest Executive Authority in the State and finding no reason to disbelieve the same, refrain itself from imposing any environmental compensation and instead directed Chief Secretary to ensure availability of Rs. 178.92 crores by transferring the amount in a separate ring-fenced account to be operated as per direction of the Chief Secretary. Chief Secretary may review progress of work at least once a 13 month as already directed and submit six monthly progress report with Registrar General for review by Tribunal at the appropriate time.
22. Subsequently, some reports were received from Chief Secretary i.e. report dated 08.06.2023 and 23.01.2024. The matter was taken up on 25.01.2024 when Finance Secretary was present on behalf of the Chief Secretary. It was stated that 100% daily generated solid waste will be processed by achieving the target by first week of February, 2024. It was also stated that a sum of Rs. 178 crores have been ring-fenced but this was not stated in the report, therefore, during the course of hearing he stated that affidavit will be filed to this effect in the next hearing.
23. From the report, Tribunal found the following lapses:-
"Legacy waste remediation:
1) It was mentioned in the order dated 24.11.2022 that three legacy waste sites were in question in Puducherry whereas, now remediation of only one site (Kurumbapet) has been mentioned.
2) Legacy waste to an extent of 5.533 lakh MT has been completely remediated for Puducherry. However, it is not indicated in quantified terms on routing of different components arising out of bioremediation and biomining process like bio-earth, plastics, inerts, etc. to the defined destinations in authorised manner.
3) On account of daily unprocessed waste to an extent of 300 TPD in Puducherry which results to legacy waste has been estimated to 3,48,989 MT and out of this, 70,147 MT has been remediated. The extent of legacy waste remediation capacity has not been mentioned.
4) In case of Karaikal and Yanam regions, still there is legacy waste to the extent of 45,430 MT and 21,600 MT respectively which is yet to be remediated.
Waste Processing:
5) There has been a continuing gap of 300 TPD of waste processing in Puducherry which has resulted in legacy waste.
Existing waste processing is only 10 TPD and there is no mention about the nature/type of plant which is going to commence from February, 2024. On commencement of Processing plant, no legacy waste should be added thereafter. Compost/ Refuse Derived Fuel (RDF) / or Biogas based plant of 300 TPD should have defined authorised users and in no case any component be stocked or piled up.
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6) With respect to Karaikal and Yanam, though waste processing has commenced for 85 TPD but the type of plants are not mentioned. Further, figures given for Karaikal are not complete i.e. 10.5 TPD is shown to be processed against generated quantity of 65 TPD.
7) Waste being processed at Village/Commune level (95 TPD in Puducherry and Karaikal) should be maintained and no legacy waste be created.
Sewage Management
8) There is no significant progress in treatment of sewage.
Performance of existing STPs treating 56 MLD has not been provided. In Puducherry, 17 MLD Sewage Treatment Plant (STP) is expected to be commissioned by July 2024 for bridging the gap of 15 MLD. However, no mention is made on connectivity of household with sewer network and this is essential that STP coming up be operationalised utilising fully designed capacity. Simultaneously, treated sewage should be utilised.
Similarly, for Karaikal, 11 MLD STP should be fully utilised ensuring full connectivity of household connections.
9) We find that uncertainty still existing for setting up of Sewage treatment facilities at Yanam territory and 6 MLD sewage remains untreated.
In case of Mahe region, system of Septic tank and Soak pit has been predominantly adopted and to treat waste water from commercial centres (0.5 MLD) is yet to be established.
10) It is inferred from the data that about 32 MLD of untreated sewage (15 MLD in Puducherry, 10.6 MLD in Karaikal, 6 MLD in Yanam and 0.5 MLD in Mahe) is either seeping in to ground or getting into coastal waters or other water bodies through. drains. These drains should be maintained for storm water drainages rather than using for sewage conveyance and disposal.
Further, at Commune / village level, proper sewage- septage management should be ensured."
24. Finding serious deficiencies and gaps, Tribunal directed Chief Secretary to submit next compliance report particularly with the following information:-
"
(i) Completion of Gap of 300 TPD of solid waste (for Puducherry) for waste processing and no legacy waste shall be added thereafter in all the four regions of UT.
(ii) Completing remediation of 3,45,873 MT legacy waste at Puducherry, Karaikal and Yanam.
15
(iii) Operationalisation of new STPs to treat 32 MLD of sewage and providing compliance results of existing STPs of 56 MLD.
(iv) Details of Ring-fencing of Rs 178.92 crores in a separate account for utilising solid and liquid waste management."
25. Pursuant thereto, six monthly report dated 19.07.2024 has been filed and Dr. Sharat Chauhan, Chief Secretary has also appeared in person through virtual mode.
26. The response on various observations by Tribunal in the order dated 25.01.2024 has been given in the form of chart as under:-
S. Direction of the Hon'ble NGT in the Order Submission of the No. dt.25.01.2024 Government of Puducherry
1. Completion of Gap of 300 TPD of solid waste (for A processing facility with 400 Puducherry) for waste processing and no legacy TPD has commenced the waste shall be added thereafter in all the four processing with effect from regions of UT. 01.02.2024. As on date, there is no scope for accumulation of legacy waste.
2. Completing remediation of 3,45,873 MT legacy waste Out of 3,45,873 MT of legacy at Puducherry, Karaikal and Yanam. waste, 3,11,966 MT of legacy has been bio-mined. The remaining 33,907 MT of legacy waste will be bio-
mined & remediated by 15th August 2024.
3. Operationalisation of new STPs to treat 32 MLD of The construction of 15 MLD sewage and providing compliance results of existing STP in Puducherry and 11 STPs of 56 MLD. MLD STP in Karaikal have been commenced and it will be completed by March 2025.
The construction of STP in
Mahe and Yanam will be
commenced after the
tendering process gets
completed.
Three STPs of 17 MLD
capacity meet the Hon'ble
NGT prescribed discharge
standards. 2 STP of UASB
are not meeting the
standards. Online
Continuous Monitoring
Systems have been installed
in all the three STPs.
4. Details of Ring-fencing of Rs 178.92crores in a An amount of Rs. 4827 Cr
separate account for utilising solid and liquid waste was sanctioned by
management. Government of Puducherry
for disposal of legacy waste
and was utilized completely.
An amount of Rs. 50.44 Cr
was sanctioned by
Government of Puducherry
for processing of solid waste
and was utilized completely.
16
For construction of four STPs,
an amount of Rs. 50.65 Cr
was sanctioned under
AMRUT 2 and an amount of
Rs. 17.22 Cr was sanctioned
under SBM2 by Government
of India. An amount of Rs.
12.78 Cr was supplemented
by Government of
Puducherry. (Rs. 50.65 Cr
+Rs. 17.22 Cr + Rs. 12.78 Cr
= Rs. 80.65).
(Total - Rs. 48.27 Cr + Rs.
50.44 Cr + Rs. 80.65 Cr=Rs.
178.92 Cr)
Observation of the Hon'ble NGT in Submission of the Government of
S. No. the Order dt. 25.01.2024 Puducherry
Legacy Waste
1 It was mentioned in the order dated The U.T. of Puducherry consists of
24.11.2022 that three legacy waste the following four regions
sites were in question in Puducherry, 1.Puducherry
whereas now remediation of only one 2. Karaikal site (Kurumbapet) has been mentioned. 3. Mahe and
4. Yanam Each one of the legacy waste sites are present in Puducherry, Karaikal and Yanam regions. in the UT. of Puducherry. 1.e 3 legacy waste sites are present The earlier report was with reference to the bio-mining of the legacy waste site in Puducherry region at Kurumbapet alone. It is submitted that bio-
mining of all the three legacy waste dumpsites in the UT of Puducherry i.e. one in Puducherry region, one in Karaikal region and one in Yanam region has already been commenced.
2. Legacy waste to an extent of 5,53,300 The details of different components MT has been completely remediated for arising out of bio-mining process of Puducherry. However, it is not indicated the total legacy waste is given in in quantified terms on routing of the Annexure I-A. The details of bio- different components arising out of mined organic dry waste sent for bioremediation and like bio-earth, co-processing to the various cement defined biomining process plastics, plants is given in the Annexure I-B. inert, etc. to the destinations in authorized manner. The earlier legacy waste of 5,33,300 MT was entirely bio-mined in phase-I and was completed on 30.04.2023.
The legacy waste disposal through
biomining process was executed by
M/s. Zigma Global Enviro Solution
PvtLtd., Erode, authorized by the
Puducherry Pollution Control
Committee.
3. On account of daily unprocessed waste Out of 3,48,989 MT of subsequently
(i) to an extent of 300 TPD in Puducherry accumulated waste, an amount
which results to legacy waste has been 3,22,128 MT has been bio-mined.
estimated to 3,48,989 MT and out of The remaining 26,861 MT waste
this, 70,147 MT has been remediated. will be bio-mined by 15% August,
2024.
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The processing of solid waste was
commenced from 01.02.2024.
Hence there is no further
accumulation of legacy waste.
The legacy waste bio-mining
(ii) The extent of legacy waste remediation capacity in all |the 3 regions of the
capacity has not been mentioned U.T. of Puducherry are given below:
Region Bio-Mining
capacity(TPD)
Puducherry 1,600
Karaikal 550
Yanam 280
Total 2,430
4. In case of Karaikal and Yanam regions, In the Karaikal Region, all the
still there is legacy waste to the extent accumulated legacy waste of 45, of 45,430 MT and 21,600 MT 430 was bio-mined.
respectively which is yet to be
remediated. In the Yanam Region, due
to the unprecedented rain, the
bio-mining activity got affected. Out
of 21,600 MT of the legacy waste,
14,554 MT has been bio-mined. The
remaining legacy waste of 7,046 MT
will be bio-mined by July, 2024.
Solid Waste Processing
5 There has been a continuing gap of 300 The processing of solid waste
TPD of waste processing in Puducherry generated from the urban areas has
which has resulted in legacy waste. been assigned to M/s. Green
Existing waste processing is only 10 'Warrior, Chennai. The firm has
TPD and there is no mention about the established a facility with
nature/type of plant which is going to processing capacity of 370 TPD and
commence from February,2024.On commenced processing with effect
commencement of Processing plant, no from 01.02.2024. The processing legacy waste should be added plant consists of the following units. thereafter. Compost/ Refuse Derived Compost - 240 TPD Fuel (RDF) / or Biogas based plant of RDF - 120 TPD 300 TPD should have defined Recoverable - 2 TPD authorized users and in no case any Inert - 8TPD component be stocked or piled up.
------------
370 TPD
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The composts are taken by the
farmers in Puducherry and
Tamilnadu areas. RDF is sent to
Dalmia Cement, Ariyalur and
Bharathi Cement, Guntur through
M/s. Paperman Eco Solutions LLP,
Bangalore. In this regard, an
agreement was entered on 12
February, 2024. Recyclable wastes
are sent to the local vendors.
Currently there is no scope for
accumulation of the legacy waste.
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6(i) Karaikal Region generates 65 TPD
With respect to Karaikal and Yanam, of solid waste. The processing of
though has commenced for 85 TPD but solid waste has been assigned to
the type of waste processing plants are M/s. HR Square, Hyderabad. The
not mentioned. firm has established a facility with
the following components.
Further, figures given for Karaikal are Compost 55 TPD
not complete i.e. 10.5 TPD is shown to RDF 10 TPD
be processed against generated Total 65 TPD
quantity of 65 TPD.
Yanam region generates 20 TPD of
solid waste. The processing of solid
waste was commenced on
20.01.2024 by M/s. HR Square,
Hyderabad. Due to public objection
in the site, processing has been
stopped. Currently reusable plastic
waste 1s segregated and inerts are
used for land filling.
7. Waste being processed at Village (95 The processing of solid waste
TPD Puducherry and Karaikal) Should generated from the Rural areas of
be /commune level in maintained and Puducherry and Karaikal Regions
no legacy waste be created. has been assigned to M/s. HR
Square, Hyderabad. The firm has
established a facility with the
following components:
Puducherry Karaikal
Compost 5570 TPD 20
Plant
RDF 15 TPD 5
Total 70 TPD 25
Hence it is ensured that no legacy
waste is additionally created.
Sewage Management
8(i) The construction of 15 MLD STP in
There is no significant progress in the Puducherry was commenced on treatment of sewage 27.07.2023 and reached 40% physical progress and 10% financial progress. The construction will be completed by March, 2025.
The construction of 11 MLD STP in Karaikal was commenced on 01.12.2023 and reached 30% physical progress and 10% financial progress. The construction will be completed by March, 2025.
The construction of 0.5 MLD STP in Mahe, tender is under finalization.
The construction will be completed by 30.06.2025.
The construction of 6 MLD STP in Yanam, tender is floated 5 times.
But no response had been received since the site for construction of STP is in low-lying area. The estimate has been revised and Retender will be floated at the earliest. The construction will be completed by 30.06.2025.
ii) Three STPs of 17 MLD capacity Performance of existing STPs meets the NGT prescribed treating 56 MLD has not been standards of p¥, total suspended provided solids, BOD, COD and fecal coliform. Two STP of UASB are not meeting the standards. The Online Continuous Monitoring Systems 19 have been installed in all the three 17 MLD STP.
iii) Out of 75, 934 Households in In Puducherry, 17 MLD Sewage Puducherry Urban area, 65, 502 Treatment Plant (STP) is expected to be HHS have been provided Under commissioned by July 2024 for bridging Ground Drainage (UGD) the gap of 15 MLD. However, no mention connectivity. A Joint Task Force is made on connectivity of household was constituted on 31.01.2024 with sewer network and this is under the Chairmanship of the essential that STP coming up be Superintending Engineer-1II to bring operationalized utilizing fully designed the remaining 10,432 HHS under capacity. the UGD connectivity.
iv) Government of Puducherry has
Simultaneously, treated sewage should formulated an Action Plan and
be utilized. constituted a committee for the
effective the utilization of the treated sewage. The details of current utilization of treated sewage is given below:
Station Purpose Quantity
(MLD)
Lawspet Industrial 0.8
STP usage
Fodder
Grass
raising
Coconut
Planation
Silk cotton 6.0
trees
Natural
recharging
through
Impound
in
reservoir
Dubraya To Pondy 0.3
pet STP Marina
Hotel
Total 16.1
It is envisaged to utilize additional 5
MLD of the treated sewage before
December, 2024.
v) 20 drains carrying sewage have
Similarly, for Karaikal, 11 MLD STP been identified. These drains will be
should be fully utilised ensuring full intercepted and taken to the 11
connectivity of household connections MLD STP.
9. The construction of 6 MLD STP in
We find that uncertainty still existing Yanam, tender was floated 5 times. for setting up of Sewage treatment But no response was received since facilities at Yanam territory and 6 MLD the site for construction of the STP is sewage remains untreated. in low-lying area. The estimate has been revised and the tender will be floated at the earliest and the construction of STP will be completed by 30.06.2025.
In case of Mahe region, system of Septic The construction of 0.5 MLD STP in tank and Soak pit has been Mahe, tender is under finalization. predominantly adopted and to treat The construction of STP will be waste water from commercial centres completed by 30.06.2025. (0.5 MLD) s yet to be established.
10. Households are not connected to the It is inferred from the data that about Under Ground Drainage System are 20 32 MLD of untreated sewage (15 MLD having in-situ treatment system of in Puducherry, 10.6 MLD in Karaikal, 6 soak pit and septic tank MLD in Yanam and 0.5 MLD in Mahe) arrangement. Hence it can not be is either seeping in to ground or getting construed as 32 MLD of untreated into coastal waters or other water sewage is reaching the water bodies through drains. These drains bodies. The construction of four should be maintained for storm water STPs to treat 32 MLD is in progress. drainages rather than using for Regular reviews on the progress of sewage conveyance and disposal the construction of STP work is being conducted by the Chief Secretary, Finance Secretary and the Secretary, PWD. Theconstruction of all the four STPs will be completed as committed in this report.
ii) Installation of 3 MLD STP along with
Further, at Commune / village level, FSTP in proper sewage-septage
proper sewage-septage management management should be ensured.
should be ensured. Villianur is under tender process.
The construction will be completed
by 30.06.2025
27. What we find from the record is that there was a gap of 300 TPD of solid waste for which processing arrangement was not available, therefore, this gap was regularly went on adding to the legacy waste everyday. However, with regard to legacy waste, only one time figure and reduction thereof has been referred to but subsequent addition to legacy waste and how it has been handed and managed, nothing has been said. Therefore, the claim that only 33907 MT of legacy waste is remaining which shall be bio-mined and remediated by 15.08.2024, does not show a correct picture.
28. With regard to sewage, we find that gap of 36.1 MLD as was noticed in order dated 28.07.2022 is still continuing and the stand of UT of Puducherry is that two STPs of 15 MLD and 11 MLD capacity are under construction in as much as the work has commenced on 27.07.2023 and 01.12.2023 respectively and will be completed by March, 2025. This also comes to under processed STPs of only 26 MLD. We do not find any substantial compliance on part of UT of Puducherry for treatment of 36.1 MLD sewage, in respect whereto, they do not have existing capacity of treatment. So in last two years, virtually there is no progress with regard to treatment of sewage in respect to the above gap and towards 21 compliance of the mandate of Section 24 of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Water Act, 1974').
29. Even in respect of existing 56 MLD STPs, claim to be functioning in the Union Territory, the stand taken before us in presentation is that only three STPs of 17 MLD capacity are meeting prescribed standards of pH, Total Suspended Solids, BOD, COD and fecal coliform and remaining two STPs which are obviously of total capacity of about 39 MLD are not meeting such standards. That being so, even 39 MLD sewage which is allegedly treated but not meeting the standards is being released as polluting matter in violation of the provisions of Section 24 of Water Act, 1974.
30. This is a serious situation where compliance of mandatory provisions of Environmental Laws particularly in respect of discharge of effluent is being observed in complete breach and with audacity. There is complete non-compliance of provisions of Section 24 of Water Act, 1974 on the part of Union Territory.
31. The pendency of matter in Supreme Court and before this Tribunal has seen decades. Repeated opportunities have been given to Union Territory to take steps for strict compliance of environmental laws, still substantial non-compliance is evident.
32. Even order dated 24.11.2022 with respect of undertaking given for transferring Rs. 178.92 crores in a separate ring-fenced account has not been complied with and no such account with the said amount has been creatd till date.
33. Repeated orders have been passed from time to time giving opportunity to Union Territory in the hope and trust that it will take 22 serious, substantial and urgent steps to comply with provisions of Environmental Laws and in particular Section 24 of Water Act, 1974 but we are at pain to observe that UT has miserably failed in showing such compliance or any bonafide intention of compliance.
34. In our view, enough is enough. Now time has come where stringent, punitive, preventive action/order is required at the end of this Tribunal otherwise we will also be failing in our duty in taking appropriate steps despite noticing recurring, consistent and persistent defiance and non- compliance of environmental laws on the part of UT and we do not want to be a party to this situation.
35. Even if, for the time being, we excludes violations on the part of solid waste management, and confine ourselves to the failure on the part of Union Territory in failure of sewage management, the environmental compensation in our view must be ascertained at least in respect of total quantity of sewage which is either being discharged without any treatment or alleged partial treatment but without meeting the prescribed standards and on the said quantity of sewage, Environmental compensation must be assessed, computed and required to be paid by the UT.
36. Since last order was passed by this Tribunal on 25.01.2024 and six months have passed, therefore, we propose to compute and assess Environmental Compensation for the last six months.
37. Considering the fact that default is on the part of UT and therefore, it is the public revenue which will have to be departed by Union Territory, taking a lenient view in the matter, we are of the view that Environmental Compensation, in any case, cannot be less than 1 paisa per litre of sewage per day.
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38. If we compute Environmental Compensation for 180 days on 75 MLD (36 MLD + 39 MLD) i.e., 75000000 litre at the above rate, the amount of Environmental Compensation will be as under:-
Environmental compensation:
Quantity of sewage untreated or partially treated x Days x Rate =75000000 litres × 180 days × Rs. 0.01 = Rs. 135,000,000/-
39. We accordingly direct, UT of Puducherry through Chief Secretary to deposit Rs. 13.5 crores towards Environmental Compensation with CPCB within one month and submit a compliance report.
40. Since, Chief Secretary has also failed in compliance of Tribunal's order dated 24.11.2022 with regard to creation of ring-fence account of Rs. 178.92 crores, this is clear that the order of this Tribunal has been defied and disobeyed which is also an offence under Section 26 of NGT Act, 2010.
41. Besides, continuous violation and non-compliance and breach of mandate of Section 24 of Water Act, 1974 is also an offence under Section 43 of said Act and when offence is by Government Department, Section 48 is also attracted, which declares that Head of the Department shall be deemed to be guilty of the offence and shall be liable to be prosecuted against and punished.
42. We accordingly, issue notice to Chief Secretary, UT of Puducherry and Principal Secretary/Additional Chief Secretary, Urban Development to show cause as to why prosecution for committing offences under Section 24 read with Section 43 and 48 of Water Act, 1974 and for non- compliance of Tribunal's order under Section 26 of NGT Act, 2010 be not 24 initiated in appropriate forum. They may submit their response within one month.
43. List the matter on 25.09.2024.
Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 25, 2024 Original Application No. 606/2018 (IA No. 163/2021 & IA No. 299/2024) SN 25