National Green Tribunal
V.P. Krishnamoorthy vs Union Of India Rep By Its Secretary ... on 27 May, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.6 to 15:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 176/2013
(SZ) (Earlier O.A. No. 562/2018)
With
Original Application No. 34/2014
(SZ) (Earlier O.A. No. 563/2018)
With
Original Application No. 35/2014
(SZ) (Earlier O.A. No. 564/2018)
With
Original Application No. 36/2014
(SZ) (Earlier O.A. No. 565/2018)
With
Original Application No. 37/2014
(SZ) (Earlier O.A. No. 566/2018)
With
Original Application No. 38/2014
(SZ) (Earlier O.A. No. 567/2018)
With
Original Application No. 39/2014
(SZ) (Earlier O.A. No. 568/2018)
With
Original Application No. 40/2014
(SZ) (Earlier O.A. No. 569/2018)
With
Original Application No. 41/2014
(SZ) (Earlier O.A. No. 570/2018)
With
Original Application No. 42/2014
(SZ) (Earlier O.A. No. 571/2018)
V.P. Krishnamoorthy ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
K.S. Jayaraman
....Applicant(s)
The Union of India & Ors. Versus
....Respondent(s)
1
WITH
R. Selvi ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
K. Umachandran ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
Smt. S. Shanthi ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
G. Mahesh Kumar ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
Smt. R. Vijaya ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
K. Sampath Kumar
....Applicant(s)
Versus
The Union of India & Ors.
....Respondent(s)
WITH
K. Kamalakannan
Versus ....Applicant(s)
The Union of India & Ors.
....Respondent(s)
WITH
G. Purushothaman
The Union of India & Ors. Versus ....Applicant(s)
....Respondent(s)
2
Date of hearing: 27.05.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
O.A. No.176/2013:
For Applicant(s): Mr. R. Barathwaj Ramasubramaniam for
Mr. A. Yogeshwaran.
For Respondent(s): Dr. V.R. Thirunarayanan for R2.
Mr. C. Kasirajan through
Ms. D. Ashwini for R3.
Mr. Saravanan represented
M/s. A.A.V. Partners for R4.
Mr. Arjun Suresh represented
Mr. R. Senthil Kumar for R5.
Mr. M.R. Gokul Krishnan for R7.
Mr. S. Sivathanu Mohan represented
M/s. Ramasubramaniam Associates for R6 to R16.
Mr. Kumaresan represented
M/s. King & Partridge for R8.
Mrs. Jayalakshmi represented
Mr. D.S. Ekambaram for R12.
O.A. No.34 to 42 of 2014:
For Applicant(s): Mr. Kandhan Doraisamy.
For Respondent(s): Mr. M.R. Gokul Krishnan for R2.
Mr. S. Sivathanu Mohan represented
M/s. Ramasubramaniam Associates for R3.
Dr. V.R. Thirunarayanan for R4.
Mr. C. Kasirajan through
Ms. D. Ashwini for R5.
3
Mr. Kumaresan represented
M/s. King & Partridge for R6.
Mr. Saravanan represented
M/s. A.A.V. Partners for R7.
Mr. Arjun Suresh represented
M/s. Dua Associates for R8.
ORDER
1. As per order dated 08.07.2020, this Tribunal had considered the various reports filed by the Central Pollution Control Board and also directions issued and thereafter, passed the following order:-
"6. So considering the circumstances that the remediation process is still in progress, we direct Central Pollution Control Board to consider the objections filed by BPCL in respect of their report regarding the deficiencies in the present method of remediation if any, or any other direction is to be given in that regard and after conducting scientific study such direction can be given by them. BPCL is directed to complete the tender process for entrusting to Indian Council of Medical Research to conduct the health study at the earliest so that the Indian Council of Medical Research can proceed with the study and submit the report to CPCB who can forward the same to this Tribunal along with their status report regarding the progress of remediation that is going on along with further direction if any given by them after considering the objection filed by BPCL in respect of the deficiencies noted by them in the present remediation process of remedying the soil contamination.
7. Considering the circumstances, we feel it appropriate to grant six months time to both parties to comply with the direction and also file the future progress 4 report along with the health report to be submitted by the agency viz., Indian Council of Medical Research. Since learned counsel appearing for applicants in O.A.Nos.34 to 42 of 2014 submitted that the direction to supply drinking water may be extended, learned counsel appearing for BPCL submitted that they are undertaking that social obligation and they will provide the same continuously in future as well till the completion of remediation process and water quality improvement in that area. CPCB is also directed to submit the status report regarding the high level meeting to be conducted as directed by this Tribunal by order dated 8.2.2019 and if it is not done, the reason for the same as well. They can coordinate that meeting for the purpose mentioned in that order. Then they can submit the proceeding of such meeting as well to this Tribunal."
2. The case was posted to 16.12.2020 for filing the report.
Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 21.05.2021.
3. When the matter came up for hearing today through Video Conference, in O.A. No.173/2013, Mr. R. Barathwaj Ramasubramaniam represented Mr. A. Yogeshwaran counsel appearing for the applicant. Dr. V.R. Thirunarayanan represented 2nd respondent, Mr. C. Kasirajan through Ms. D. Ashwini represented 3rd respondent, Mr. Saravanan represented M/s. A.A.V. Partners for 4th respondent, Mr. Arjun Suresh represented Mr. R. Senthil Kumar counsel appearing for 5 th respondent, Mr. M.R. Gokul Krishnan represented 7th 5 respondent, Mr. S. Sivathanu Mohan represented M/s.
Ramasubramaniam Associates for respondents 6 to 16, Mr. Kumaresan represented M/s. King & Partridge for 8 th respondent, Mrs. Jayalakshmi represented Mr. D.S. Ekambaram counsel appearing for 12th respondent.
4. In O.A. Nos. 34 to 42 of 2014, Mr. Kandhan Doraisamy represented the applicant in all the cases. Mr. M.R. Gokul Krishnan for 2nd respondent, Mr. S. Sivathanu Mohan represented M/s. Ramasubramaniam Associates for 3rd respondent, Dr. V.R. Thirunarayanan represented 4th respondent, Mr. C. Kasirajan through Ms. D. Ashwini represented 5th respondent, Mr. Kumaresan represented M/s.
King & Partridge for 6th respondent, Mr. Saravanan represented M/s. A.A.V. Partners for 7th respondent, Mr. Arjun Suresh represented M/s. Dua Associates for 8th respondent.
5. The Central Pollution Control Board (CPCB) has filed a status report dated 15.12.2020 e-filed 09.03.2021 and received on 10.03.2021 which reads as follows:-
"Compliance Status Report on High Level Committee meeting conducted and Action taken to comply with committed action plan in the matter of O. A. No 176 of 2013 (SZ) (Earlier OA No 562 of 2018 (PB)), V. P. Krishnamurthy Vs Union of India & Ors, as per order dated 08.07.2020.
Background:
The Hon'ble National Green Tribunal, Southern 6 Bench, Chennai, in the matter of O. A. No. 176 of 2013 (SZ) (Earlier O. A. No. 562 of 2018); V. P. Krishnamoorthy Vs. Union of India & Ors, passed order dated 08.07.2020 that:
"Considering the circumstances, we feel it appropriate to grant six months' time to both parties to comply with the direction and also file the future progress report along with the health report to be submitted by the agency viz., Indian Council of Medical Research. Since learned counsel appearing for applicants in O. A Nos., 34 to 42 of 2014 submitted that the direction to supply drinking water may be extended, learned counsel appearing for BPCL submitted that they are undertaking that social obligation and they will provide the same continuously in future as well till the completion of remediation process and water quality improvement in that area. CPCB is also directed to submit the status report regarding the high level meeting to be conducted as directed by this Tribunal by order dated 08.02.2019 and if it is not done, the reason for the same as well. They can coordinate that meeting for the purpose mentioned in that order. Then they can submit the proceeding of such meeting as well to this Tribunal.
A copy of the said order is annexed at Annexure-I
1. Status of High Level Committee Meeting In compliance to Hon'ble NGT order dated 08.02.2019, a joint meeting at the high level was held on 01.03.2019 under Chairman CPCB; along with Chairman, TNPCB; CMD, M/s Chennai Metro Rail Corporation Ltd., (M/s. CMRL) and CMD, M/s. harat Petroleum Corporation Ltd (M/s. BPCL), to take stock of the situation on remediation of BPCL oil contaminated site at Tondiarpet, Chennai.
Joint committee has outlined a time bound action plan for remediation of BPCL Oil contaminated and the same was submitted before the Hon'ble NGT, Principal Bench, New Delhi vide CPCB's compliance status report dated 08.03.2019. Copy of the same is given at Annexure-II. CPCB reviewed the status of action taken by IWs BPCL and submitted compliance status report dated 7 16.09.2019, before Hon'ble NGT. A copy of the report is given at Annexure-III. Subsequently, Hon'ble NGT had passed an order dated 18.09.2019 that;
"the CPCB directed to undertake that process in Coordination with ICMR and the State Pollution Control Board and conduct a study on health Hazards that has happened in that area and what is the compensation payable for the locality people on account of the contamination of ground water due to the seepage of the oil from the oil refineries due to leakage of the pipelines of BPCL".
2. Steps taken by CPCB in compliance of Hon'ble NGT order 18.09.2019 i. CPCB requested TNPCB vide letter dated 18.10.2019 to engage Indian Council of Medical Research (ICMR) and to organise a meeting with BPCL to decide time bound action plan to complete the study on health hazards.
ii. Accordingly, TNPCB convened meeting on 19.11.2019 at TNPCB, H.O., Chennai to discuss the scope and modalities of health study. The meeting was attended by the officials of CPCB, TNPCB, ICMR, M/s BPCL, and representative of M/s Environment Stratus (the consultant for remediation of oil contaminated site). Representatives of ICMR and M/s BPCL were apprised about the requirement of conducting health studies in time bound manner.
iii. Representatives of ICMR explained the procedures involved in qualitative health impact study and possible effects of VOC emissions on human health. They also explained that a field study would be necessary to prepare project proposal with detailed scope of work. ICMR had agreed to take-up the study.
iv. As decided in the aforesaid meeting, a team of Scientists from ICMR visited the oil contaminated area along with officials of TNPCB for understanding the site conditions. A consultative meeting was also held on 06.01.2020 involving team of experts from ICMR-NIE (Indian Council of Medical Research Institute - National 8 Institute of Epidemiology), General Medicine (Madras Medical College), Environmental Engineering Department (IIT-Madras), National Institute of Occupational Health (ICMR-NIOH) and National Institute of Epidemiology (ICMR-NIE) to discuss and finalise the work plan for study, including health impact of the population exposed to oil pipeline-leak in Tondiarpet as well as in unexposed population in Roypuram area in Chennai.
v. Subsequently, ICMR prepared a detailed proposal comprising scope of work, methodology, procedure for quantification of health impacts including project cost and timelines to complete the study. The said proposal was submitted on 28.02.2020 to TNPCB and GPCB. Accordingly, CPCB, Regional Director, Bengaluru coordinated with TNPCB and BPCL to expedite award of project to ICMR (a copy of the letter is annexed at Annexure-IV).
vi. CPCB submitted the progress report before this Hon'ble NGT (sz) on 18.03.2020 and requested to grant about 6 months' time for completion of qualitative health study by ICMR. Hon'ble NGT in its hearing dated 08.07.2020 considered the request and granted six months' time to both BPCL and ICMR to comply with direction and also file the future progress report along with the health report of ICMR.
3. Progress made in compliance of Hon'ble NGT order dated 08.07.2020 i. CPCB, Regional Directorate, Bengaluru followed up with M/s. BPCL vide letter dated 17.08.2020 to complete the following tasks and to submit the Action Taken Report to CPCB (a copy of the letter is annexed at Annexure-V):
a) As per the action plan decided in joint committee at the high level under the chairmanship of Chairman, CPCB on 0l.03.2019 - upon completion of CMRL soil excavation works, IWs BPCL to submit a Detailed Project Report (DPR) for revised remediation scheme based on re-assessment of site along with site specific target levels (SSTLs) for remediation based on 9 human health risk assessment. BPCL was requested to submit action plan within a week.
b) Install Soil Gas Probes to Monitor VOCs in Vadose zone of sub-soil at 3 locations in affected area, which shall become part of revised remediation scheme.
c) To augment SVE system by connecting all available wells to both SVE system and to operate both SVE system continuously to optimise soil vapour extraction.
d) To take immediate steps to entrust the health impact study to ICMR, so as to complete the said study before November 30, 2020 and submit the study report to TNPCB/CPCB.
ii. In response to CPCB letter, M/s. BPCL has submitted a work plan for post CMRL assessment works vide its letter dated 21.09.2020. CPCB has examined the said proposal and communicated point wise observations to TNPCB vide letter dated 22.10.2020 with request to review the proposal with additional inputs, if any at their end and to communicate the same to M/s BPCL for initiating post CMRL construction site assessment (a copy of the CPCB letter dated 22.1 0.2020 Annexure-VI).
iii. CPCB has also sent reminder to TNPCB vide letter dated 11.12.2020 with request to coordinate with M/s BPCL for awarding the project to ICMR and complete the study in time bound manner.
Prayer CPCB made all its effort to comply with directions of Hon'ble NGT, hence it humbly prayed that, Hon'ble Tribunal may issue suitable directions as below:
a. TNPCB to review the work plan forwarded by CPCB and may authorise M/s BPCL for initiating re- assessment of site in post construction stage of CMRL works.
b. TNCPB to intervene for early completion of health impact study through ICMR by coordinating with M/s BPCL to award the work, as the outcome of the study would help in assessing the compensation payable to the locality people for any possible health impacts on 1 0 account of contamination of groundwater due to leakage of oil from pipelines of M/s BPCL.
c. This answering Respondent No. 12 shall abide to any directions passed by the Hon'ble Tribunal"
6. In this report, they have prayed for issuing directions namely,
(a) Tamil Nadu Pollution Control to review the work plan forwarded by the Central Pollution Control Board and may authorize M/s. BPCL for initiating re-assessment of site in post construction stage of CMRL works and (b) Tamil Nadu Pollution Control Board to intervene for early completion of health impact study through ICMR by coordinating with M/s. BPCL to award the work, as the outcome of the study would help in assessing the compensation payable to the locality people for any possible impacts on account of contamination of ground water due to leakage of oil from pipeline M/s. BPCL.
7. Further, they also filed a reply affidavit with regard to the objection filed by M/s. BPCL to their earlier report which reads as follows:
"Reply affidavit on behalf of Central Pollution Control Board (Respondent No, 12) with regard to Objection filed by Bharat Petroleum Corporation ltd., w.r.t Status report dated 16.03.2020 of the Central Pollution Control Board.
1. I, S. Suresh, Son of S.R. Sathyanarayana, Hindu, aged about 57 years, having office at the Regional Directorate (South), Central Pollution Control Board, 1st & 2nd Floors, Nisarga Bhavan, A- Block, 1 1 Thimmaiah Main Road, 7th D Cross, Shivanagar, Bengaluru - 560 079 do hereby solemnly affirm and sincerely state as follows:-
2. That I am presently working as Scientist 'E' & Regional Director, Regional Directorate (South), Central Pollution Control Board (hereafter called as CPCB), Bengaluru and have been authorized to file the present compliance affidavit. I am fully conversant with the facts of the case and hence, competent and authorized to depose and swear the present compliance affidavit as under:
3. That in compliance of Hon'ble NGT order dated 18.09.2019, CPCB coordinated with Indian Council for Medical Research (ICMR) and Tamil Nadu Pollution Control Board (TNPCB) and convened meeting on 19.11.2019 at TNPCB, H.O., Chennai to discuss the scope and modalities of health impact study. The meeting was attended by the officials of CPCB, TNPCB, ICMR, BPCL and representative of M/s. Environment Stratus (Consultant for remediation of oil contaminated site). IN the said meeting, representatives of ICMR and BPCL were apprised about the requirement of conducting health studies in time bound manner.
4. Subsequently, ICMR prepared a detailed proposal comprising scope of work, methodology, procedure for quantification of health impacts including project cost and timelines to complete the study. ICMR submitted the proposal to TNPCB and CPCB on
28.O2.2020. Thereafter, CPCB, forwarded the ICMR proposal to BPCL and TNPCB vide letter dated 28.02.2020 with request to expedite award of project to ICMR.
5. Further, as per the directions of Hon'ble NGT, CPCB and TNPCB have carried out groundwater monitoring as well as performance of Soil Vapour Extraction System installed by BPCL for remediation of oil contaminated site at Tondiarpet. The report was submitted before Hon'ble NGT on 16.03.2020.
1 26. That Hon'ble Tribunal heard the matter on March I 8, 2020, and on the request of Respondent No. 6 (M/s. BPCL), adjourned the matter for allowing filing the objections by them. M/s. BPCL has filed the objections on June 09,2020 the same was received through CPCB counsel. That para wise reply from CPCB on the said objections are as below:
Para 1 to 14:
7. It is submitted that with respect to averments made is para 1 to 14 are about General information, on- going remediation work and its status, hence no comments to offer from this Respondent No. 12.
8. Para 15: "With regard to Point No. I of the Status Report dt. 16.03.2020 (i.e.) BPCL awarding the work of conducting the Health study to ICMR, it is submitted that BPCL had obtained approval from its management to float the tender. Further, by email dt. 24.04.2020 and 06.05.2020, BPCL has requested for detailed specifications, scope of work job description, estimate cost item wise, timelines, vendor registration by ICMR and other details from CPCB in order to float the tender. The details are awaited from CPCB. BPCL is awaiting for the reply from CPCB on the details sought for floating the tender. "
CPCB Reply:
That as per the direction of Hon'ble NGT, as a committee member CPCB taken lead role to convene the meeting with ICMR and follow-up with ICMR to obtain the detailed proposal comprising scope of work, methodology, procedure for quantification of health impacts including project cost and timeline to complete the study and the same was sent to BPCL vide letter dated February 28,2020 (Annexure - 1, 2, 3) with request to expedite award of project to ICMR. However, no official communication has been received from BPCL, after lapse of fifty-six days CPCB received mail from BPCL, the matter of mail is as below:
"Please help us with following details to float the 1 3 single tender to ICMR.
1. Detailed specifications of tender
2. Scope of work, job description and estimate cost item wise, timelines for the job, LD clause etc.
3. Vendor registration template in the format (enclosed) duly filled and submit by vendor (ICMR) to register them. (ICMR need to provide their registration / incorporation certificate, GSTN copy and other details as per the format enclosed)"
That it is the responsibility of BPCL to justify placing single tender on ICMR. Since ICMR has submitted the detailed technical and financial proposal, BPCL might have sought required clarifications from ICMR and request CPCB/TNPCB to convene a meeting with ICMR. Further, it is humbly submitted that GPCB may not justify or recommend tendering terms, which may be finalised between ICMR and BPCL following the established procedures of respective agencies.
9. Para 16: "With regard to Point No. 2 of status Report dated 16.03.2020 (i.e.) the findings of the ground water quality study conducted by CPCB and TNPCB, it is submitted the remedial activity at the site has resulted in reduction of ground water concentrations. The concentration of chemicals of concern although above laboratory detection limits, are reducing in the wells sampled. Chemicals of concern at this site are DRO, GRO and BTEX. It is important to note that CPCB has not established permissible limits for the chemicals of concern at this site."
CPCB Reply:
That in reply to points raised by M/s. BPCL at para 16, CPCB submit the following facts before Hon'ble NGT:
On receipt of complaints dated July 14,2013 regarding Petroleum impact in bore wells located in the public domain on TH road and VP Koil Street at Tondiarpet, Chennai; CPCB/TNPCB inspected and directed BPCL to discontinue the damaged pipelines 1 4 carrying petroleum products and also directed to take up detailed study to assess t}re extent of contamination and its remediation. As per the direction of Hon'ble NGT, BPCL engaged the experts from IIT Madras in November,2013 and conducted initial evaluation and prepared tender documents, scope of work for the remediation work. Accordingly, BPCL engaged the consultant M/s. Stratus Environment in December, 2014 to carryout remediation of oil contaminated site under the supervision of IIT Madras. In the remedial works initiated under guidance from IIT, Madras, risk assessment studies were not carried out to derive site specific target levels.
While hearing the matter on March 17,2016, the Hon'ble NGT implead the CPCB and passed an order that "till date no remediation measures worthy of speaking has been taken in the interest of the residents in the area, we discharge the experts from IIT-M from any further supervision over the remediation efforts and directed the CPCB to take up the supervision of remediation work of erasing oil contamination in the water aquifer in Tondiarpel taking into consideration all the reports of experts of IIT-M as well as the Board and file its report by next date of hearing. In this exercise the CPCB is permitted to avail the service and /or expertise from any recognised Organisation/ institute located in the Country. The cost involved for the said purpose shall be fully borne by the BPCL (Annexure-4)".
That in compliance to the aforesaid order, CPCB has inspected the oil contaminated site at Tondiarpet along with the officials of TNPCB on April 05, 2016 and reviewed the status of remediation works. The salient observations vis-a-vis recommendations communicated to BPCL vide CPCB letter dated April 27, 2016 (Annexure -
5). The major salient observations are as below:"
(4) The remedial measures initiated are not based on any quantifiable risk reduction. There is need to set standards for remediation based on reduction in risk at the receptor rather than just operating a soil vapour 1 5 extraction system. It is therefore suggested that the scope of work to the consultant should include a quantitative risk assessment. Tier-1 screening of the soil and groundwater may be carried out using Canadian screening standards and Dutch intervention values.
(8) Based on site specific target levels derived from risk assessment, the consultant shall evaluate multiple remedial options that may be required beyond soil vapour extraction system including proposal for long term plan for assessment and monitoring may be submitted to TNPCB and CPCB within a period of 4 months. Short term findings on performance of SVE system may be included in this report.
(10) Target level for remediation shall be set based on quantitative risk assessment and such target level shall be authorised by TNPCB to monitor the remediation works."
CPCB reviewed implementation of above recommendations and the project status including
reasons given by BPCL for not implementation of aforesaid suggestions were submitted to Hon'ble NGT vide status report dated November 16,2016 (Annexure -
6). The extracted paragraph of status report of CPCB dated November 16,2016 is as below;
"(iii) As per the CPCB recommendations, it is required to set Site Specific Target levels (SSTL) to be derived from quantitative risk assessment using any suitable model based on the human health risk associated with both inhalation and incidental ingestion of specific contaminants at the exposure concentration and SPR (Source- Pathway-Receptor) linkage. M/s. BPCL has not made any progress in developing SSTL, however, excavation of contaminated soil for the proposed Metro construction may alter the source pathway receptor considerations for developing the SSTL, therefore it may be appropriate to develop SSTL at later stage."
It is submitted that as per directions of Hon'ble NGT, CPCB has been monitoring ground water quality 1 6 and performance of soil vapour extraction system and effectiveness of remediation is reported in comparison to previously observed values. Since excavation works of CMRL are nearing completion in impacted area, M/s. BPCL may carry out risk assessment studies by engaging a reputed remediation consultant and proposed Site Specific Target levels (SSTL) may be submitted to TNPCB for acceptance or authorization of remediation standards.
10. Para 17: "With regard to the statement that there is presence of TOC, TPH and DRO in the 4 deep bore wells, it is stated that these wells historically have detectable concentrations of petroleum hydrocarbons. Similar to the shallow wells, the concentration of chemicals of concern are declining. For example concentration of DRO in well MW-5 B was initially reported to be 19.81 mg/L in December 2015, but the current concentration as reported by CPCB is 0.193 mg/L. Further, with regard to the statement that the concentration of mineral oil was found within permissible limit in all monitored wells except in one location (MW-
58), it is stated that the initial concentration of mineral oil in MW-5 B was reported to be 9.44 mg/L in December 2016 and current concentration reported by CPCB is 0.82, indicating a significant reduction in concentration.
CPCB Reply:
That as per the directions of Hon'ble NGT, CPCB initiated monitoring of groundwater since June, 2016 by selecting 9 monitoring wells installed in core area as well as in boundary of contaminated site and the status report showing fluctuation of concentrations of chemicals of concern in groundwater was submitted to Hon'ble NGT vide CPCB status report dated January 05, 2018 (Annexure-7). The report revealed that "concentration of Mineral Oil and Gasoline Range of Organics (GRO) found less than 0.01 mg/L and 20 µg/L, respectively in most of monitoring well locations. However, concentration of Diesel Range of Organics (DRO), Total Petroleum 1 7 Hydrocarbon (TPH) and Total Hydrocarbon (THC) in groundwater indicates that the present system of operation of SVE could not establish the satisfactory reduction".
Due to ongoing Metro excavation and seasonal variation of groundwater, monitoring wells identified by CPCB (except MW-5B) were either closed or dried-up. In contrary to claims of IWs BPCL, comparison of TOC, DRO and THC levels in monitoring well MW-5B, in samples collected on 22 November, 2017 and 14 February, 2020 indicates clear increment in concentrations values from 14 mg/L, 0.089 mg/L & 0.272 mg/L to as high as 64 mg/L, 0.193 mg/L & 1.01 mg/L respectively, however such increment may be attributed to movement of groundwater and change in hydro-geological conditions due to CMRL works. CPCB monitoring has also indicates that low concentrations in other wells, however over-all remediation efficiency cannot be decided based on monitoring of few wells. Therefore, based on observed groundwater quality CPCB concluded that the present system of operation of SVE could not establish the satisfactory reduction in groundwater contamination. It is therefore necessary to augment SVE system by connecting as many wells as possible and by operating both the SVE systems simultaneously to optimal extraction rate. The observations of BPCL claiming significant reduction in concentration is not acceptable.
PRAYER That it is humbly submitted prayed that Hon'ble NGT may issue suitable direction to BPCL to;
1. Issue suitable direction to M/s. BPCL to carry out detailed site investigation and risk assessment study to evolve Site Specific Target Levels (SSTLs) for remediation of oil contaminated site at Tondiarpet, Chennai;
2. Direct M/s. BPCL to augment SVE system by connecting as many wells as possible and by operating both the SVE systems simultaneously to optimal 1 8 extraction rate;
This answering Respondent No. 12 shall abide to any direction passed by the Hon'ble Tribunal."
8. It is seen from the reply statement that they have given a detailed reasons as to why they have come to such conclusion in their report regarding the compliance report showing some deficiencies in the SVE system and directing the M/s. BPCL to modify the same. Being an expert body on this aspect, we accept the reply submitted by the Central Pollution Control Board in this regard and direct the M/s. BPCL to carry out the directions issued by the Central Pollution Control Board as requested for in this reply statement namely, direct the M/s.
BPCL to carry out detailed site investigation and risk investigation study to evolve Site Specific Target Levels (SSTLs) for remediation of oil contaminated site at Tondiarpet, Chennai and direct the M/s. BPCL to augment SVE system by connecting as many wells as possible and by operating both the SVE system simultaneously to optimal extraction rate.
9. So, M/s. BPCL is directed to carry out these directions issued by the Central Pollution Control Board as part of remediation process.
10. The learned counsel appearing for the M/s. BPCL submitted that they have already complied with the direction as 1 9 well. If that be the case, the Central Pollution Control Board is directed to inspect these areas with the Tamil Nadu Pollution Control Board and ascertain as to whether the directions issued by them have been complied with or not. If it is not complied with, then they are directed to issue further necessary direction in this regard and submit a detailed report to this Tribunal before the next hearing date.
11. The Tamil Nadu Pollution Control Board is also directed to carry out the directions issued by the Central Pollution Control Board in their status report which has been mentioned above.
12. The matter is pending since 2013 onwards and the remediation process are still in progress. Unless the remediation process is completed, it cannot be said that the purpose of directions issued by this Tribunal have been fully complied with or implemented and the damage caused to the environment has been restored to its original position.
13. Mr. Kandhan Doraisamy, the learned counsel appearing for the applicants in O.A. No.34/2014 to 42/2014 submitted that during the lock down period, the water as undertaken by the M/s. BPCL has not been supplied and when the officials were contacted, they said that they have entered into a contract with the CMWSSB for supply of water and they are doing it, but no water supply has been done.
2 014. When this was pointed out, the learned counsel appearing for the M/s. BPCL submitted that all arrangements have been made and they will ensure that the water supply will be properly done as undertaken by them. The officials of the M/s. BPCL are directed to look into the issue and resolve the same and comply with the direction issued by this Tribunal for supply of water to the people of the locality who have been affected on account of the contamination caused to the ground water in that area.
15. The Central Pollution Control Board as well as the Tamil Nadu Pollution Control Board and the M/s. BPCL are directed to file their further status and compliance report including the steps taken regarding further remediation process that is being suggested by the CPCB and regarding the health study that is directed to be done by the ICMR and submit the reports to this Tribunal on or before 27.08.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
16. The Registry is directed to communicate this order to the members of the committee, Central Pollution Control Board, Tamil Nadu Pollution Control Board, BPCL by e-mail immediately for their information and compliance of the 2 1 direction.
17. For consideration of further compliance report and progress of the remediation process report, post on 27.08.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
...........................E.M. (Dr. K. Satyagopal) O.A. No.176/2013, O.A. No.34 to 42/2014, 27th May, 2021. Mn.
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