National Green Tribunal
I.Margo S/O Issac Nadar Correspondent vs The Commissioner on 1 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.08:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 203 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
I. Margo ...Applicant(s)
Versus
The Commissioner,
Conoor Municipality,
Niligiris District and Ors. ...Respondent(s)
Date of hearing: 01.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): M/s. P. Srinivas along with
M/s. N.K. Ponraj for R1.
M/s. Mani Gopi for R2.
M/s. C. Kasirajan through
M/s. Meena for R3 & R4.
1
ORDER
1. As per order dated 13.02.2020, even in the absence of the applicant, this Tribunal had considered the pleadings and appointed a Joint Committee to go into the allegations and directed them to submit a report and posted the case to 27.03.2020 for consideration of report.
2. On 27.03.2020, the matter was adjourned to 16.07.2020 by notification and on 16.07.2020, this Tribunal had considered the inspection report submitted by the State Level Monitoring Committee and directed the committee constituted by this Tribunal to submit the report as directed earlier and posted the case to today for that purpose.
3. When the matter came up for hearing today through Video Conference, there was no representation for the applicant even today. Sri. P.Srinivas along with Sri. N.K. Ponraj represented 1st respondent, Sri. Mani Gopi represented 2nd respondent, Sri. Kasirajan through M/s. Meena represented respondents 3, 4.
4. We have received the report submitted by the Joint Committee which reads as follows:-
"Report of the Joint Committee constituted by the Hon'ble National Green Tribunal (SZ) in O.A. No.: 203 of 2 2017 filed by Thiru I. Margo, on the Status of Dumping of Solid Wastes at the Dumpsite in Ottupattarai, Coonoor, and measures for the Management of Municipal Solid Wastes by Coonoor Municipality
1. Background:
In O.A. No.: 203 of 2017 the Honourable National Green Tribunal (SZ), in order dated 13.02.2020, constituted a Joint Committee comprising of District Collector, The Nilgiris and a Representative of Tamil Nadu Pollution Control Board (TNPCB) to inspect the area in question and submit the present status and also whether there is any legacy waste kept untreated, causing any environmental issue, and if there is any violation, the action taken by them and to submit a Report. TNPCB nominated the District Environmental Engineer, Udhagamandalam as the representative of the Committee. The Committee carried out inspection of the site in question on 19.03.2020. In view of the COVID-19 Pandemic situation prevailed, an interim Report was submitted by the District Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam, for the hearing held on 16.07.2020. The Hon'ble National Green Tribunal, took the interim Report in to Record, and posted the matter to 01.09.2020, for further Report by the Committee. This Report is filed, in compliance of the orders of the Honourable National Green Tribunal (SZ), dated 13.02.2020
2. Prayer of the Applicant:
Thiru I. Margo, the Applicant has made the following prayers in the Original Application filed before the Honourable National Green Tribunal (SZ).3
(i) Restrain dumping of garbage and human waste in residential area adjacent to Petitioner's School.
(ii) Direct Respondents to remove garbage and human waste totally from present area.
(iii) Direct Respondents totally shift the dumping area outside the residential area.
3. Events Led to the Situation:
3.1: Coonoor Municipality:
Coonoor Municipality, with long history of more than 150 years. This Hilly Town is situated at a height of around 1850 m above Mean Sea Level (MSL), spreading over 15.05 Sq.km. area, and having population of 45494, as per 2011 census. The Town is predominantly surrounded by Tea Estates. The Municipality generates about 14 MT/ day of municipal solid waste.
3.2: Ottupattarai Dumping Yard:
In Coonoor Municipality, the municipal solid waste generated was dumped in the Ottupattarai Dumping yard, for more than 60 years. The Local Body owns about 12.35 acres of land in Ottupattarai area. The Dump-site in the litigation, located in T.S. No.: C/1/2, Coonoor Town Village, is measuring about 1.25 acres of area. Consequent to the various initiatives taken by the Local Body in implementing measures for the management of municipal solid waste, the dumping of waste in this location has been stopped completely, since September 2019, and a Resource Recovery Centre (RRC) is established in that location and the same is functioning since September 2019.
3.3: Solid Waste Management Practices:
3.3.1: Windrow Composting by IL&FS:
Consequent to the Notification of the Municipal Solid Waste (MSW) Handling Rules, 2000, Coonoor Municipality 4 has initiated measures for the management of municipal Solid wastes in a scientific manner, in consonance with the provisions of the Rules. In this step, the Local Body made an agreement with M/s. IL & FS Environmental Infrastructure & Services Limited, on 7th February 2007, to establish infrastructure to convert the biodegradable waste in to manure and assigned about 2.00 acres of land in T.S. No.: C/1/7 of Coonoor Town Village. IL & FS Environmental Infrastructure & Services Limited handled about 9 MTPD of wet, biodegradable solid waste by windrow method and producing about 2 MT manure per day. However, the mixed waste remained in that location, along with the pre-existing legacy waste, and became an eye sore and at times causes fire. Meanwhile, the IL & FS Environmental Infrastructure & Services Limited stopped composting activities since July 2018 and subsequently abandoned the facility. However, windrow composting is carried out in this location, for a fortnight period during August, 2020, in view of the non-functioning of Micro Composting Centre, due to the breakdown in the shredder.
3.3.2: Establishment of MCC:
As part of Decentralised, Waste Management programme and in order to stop dumping of Bio- degradable wet waste at the dump yard, Coonoor Municipality established a 4 TPD Capacity Micro Composting Centre (MCC) at a central location of Coonoor Town in T.S. No.: B/34/6 of Coonoor Town Village, (ward No.8, near Uzhavar Sandhai). However, the shredder installed in the Micro Composting Centre experienced some mechanical problem, and in view of the same the Micro Composting Centre's operation suspended for about a fort- night, and during this period, the wet waste was 5 transported to the erstwhile I L & F S shed, and subjected to wind-row composting operation. The defect in the shredder was rectified, and the operation in the Micro Composting Centre commenced since 28th August, 2020. As of now, the Micro Composting Centre is fully functional to its capacity, and its performance is satisfactory.
3.3.3: Establishment of RRC:
Under the Solid Waste Management component of Swachh Bharat Mission (SBM), Coonoor Municipality established development activities, in the dumpsite at Ottupattarai, the site under litigation, at an estimated cost of Rs.250 Lakhs covering the construction of internal roads, compound walls, retaining walls, fencing, lighting and construction of a Resource Recovery Centre (RRC). In the Resource Recovery Centre, the recyclable wastes are, segregated, baled and sent to buyers. Further, a high temperature burning system of 600 kg/day capacity has been installed during October 2019, to burn the used Sanitary Napkins and the cloth wastes, which could not be recycled with. Another high temperature burning system of 1500 kg/day capacity is also added to meet the increased load, and the same started functioning since August, 2020. The Resource Recovery Centre is operated with the support from `Clean Coonoor`, a NGO working in the field of environment.
3.3.4: Other amenities for SWM:
An equipment, which is used to shred and compost the non-vegetarian wastes collected from Fish market and Chicken Stall is installed at the shed located at Ottupattarai, where M/s. I L & F S Environmental Infrastructure & Services Limited, carried out the sorting of recyclables.
3.3.5: Sliding of Waste in to Tea Estate of Applicant:6
During the heavy rains in the monsoon season , the accumulated garbage from the erstwhile dumpsite, where the resource Recovery centre is functioning, got slid in to the Tea Estates owned by the Applicant/ relatives of the applicant.
3.4: Current Situation:
Currently, Coonoor Municipality is generating Municipal Solid Waste to the tune of 14 MT/Day, out of which 8.3 MT/Day is wet waste. Of this, 7 MT/Day is collected and subjected to composting operations, 4 MT/Day at Micro Composting Centre, 1 MT/day, non- vegetarian wastes processed through the equipment installed and 2.0 MT/Day of wet waste is composted in four Parks and another 10 on-site locations. 1.0 MT/Day of wet waste generated by 18 Bulk Waste Generators (BWG) and 0.30 MT/Day of wet waste generated by 630 House-holds are managed by themselves, at the point of generation itself.
Out of the 5.7 MT/Day of Dry waste generated, 0.7 MT/Day of recyclable waste is sold-out at house hold level; the remaining 5.0 MT/Day of dry wastes are brought out to the Resource Recovery centre, sorted and the recyclable wastes are baled, and despatched to recyclers. The non-recyclable wastes such as un-usable cloth waste, used diapers and sanitary napkins are burnt in the controlled high temperature burners installed. The Municipality has been granted authorisation under the Solid Waste Management Rules, 2016, by Tamil Nadu Pollution Control Board, up to 30.09.2020, whose validity is extended till 30.09.2020, by a General Order.
4. Inspection on 19.03.2020:
The Joint Committee Constituted by the Honourable National Green Tribunal (SZ), inspected the site in 7 question, where the Resource Recovery Centre is functioning, on 19.03.2020. The Sub-Collector, Coonoor, The Commissioner, Coonoor Municipality, Municipal Health Officer, Coonoor Municipality, Dr P J Vasanthan, Trustee, `Clean Coonoor` the person managing the Resource Recovery Centre on behalf of `Clean Coonoor`, Tmt. Samantha Iyanna, Managing Trustee of `Clean Coonoor`, other officials from Municipality and Revenue Department were also present during the inspection.
4.1: Observations during inspection:
During inspection on 19.03.2020, the Joint Committee made the following observations:
(i) The Petitioner's school is located at about 300 m from the boundary of the lands owned by Coonoor Municipality.
(ii) The location in which the dumping was allegedly carried out is now converted in to Resource and Recovery Centre (RRC).
(iii) The School and RRC are separated by the Tea Estate, reportedly owned by the Petitioner/ Relatives of the Petitioner.
(iv) A portion of legacy trash, previously dumped has slid in to the adjacent tea garden owned by the Petitioner/ Relatives of the Petitioner.
(v) The slided waste was found to be removed from the Tea Estate area in to the boundaries of Municipal Land.
(vi) The firing of waste has not happened in recent times, at least for the past one year.
(vii) No waste is dumped for the past one year, consequent to the commissioning of Micro Composting Centre (MCC) and the Resource Recovery Centre (RCC).
(viii) A High Temperature Controlled Burner of 600 kg/Day capacity was provided for burning the sanitary napkins and the cloth waste at a temperature of over 6500C.8
(ix) The Capacity of the High Temperature Burner provided for destructing the sanitary napkins and the cloth waste was found to be inadequate.
The District Collector was appraised by the District Environmental Engineer and the Commissioner, Coonoor Municipality that, in addition to the waste slid in to the Tea Estate, legacy waste remain at the back side of the erstwhile I L & F S Facility, entrance of the Municipal Lands at Ottupattarai, right side of Vasampallam Road. It was also informed that the Micro Composting Centre (MCC) is functioning satisfactorily.
4.2: Instructions issued during the Inspection on 19.03.2020:
During the inspection on 19.03.2020, the Joint Committee has given the following instructions to the Local Body,
(i) The waste that is removed from the Petitioners Tea Garden be removed to some other location, with a view to ensure that sliding of waste shall not occur again.
(ii) The Local Body shall make an assessment of all the legacy waste that is left out, formulate proposal and sent to Government for approval for further processing and disposal.
(iii) The mixed waste that is stored/ accumulated at the erstwhile I L & F S premises, be sorted and to recover the useful/ recyclable material.
(iv) Explore the possibility of enhancing the capacity of the High Temperature Controlled burner.
5. Subsequent Inspections:
The District Environmental Engineer, Udhagamandalam carried out an inspection of the site in question on 15.07.2020. During inspection, it was found 9 that the recyclable materials, cloth waste etc., from the legacy waste has been segregated and removed. It is informed by the Municipal Authorities that non-availability of proper road and the priority works associated with the COVID-19 control, has caused the delay in removal of waste from this location, and informed that the same would be completed in another 45 days. It is also informed that the proposal for the treatment of legacy waste has been submitted to Government and waiting approval.
Again the District Environmental Engineer, Udhagamandalam carried out an inspection of the site in question, Resource Recovery Centre, erstwhile I L & F S premises, entry point of Ottupattarai land of Municipality, right-side of Vasampallam Road and the Micro Composting Centre on 27.08.2020.
During the inspection on 27.08.2020, the following observations were made:
(i) Part of the slided waste removed and transported adjacent to the eastern side of Resource Recovery Centre, adjoining to the High Temperature Burners.
(ii) The waste is said to have moved to this location to commence the processing of the waste.
(iii) It is assessed that about 50% of the waste weighing around 200 MT is removed.
(iv) It is informed that the said waste would be subjected to bio-mining, by semi-mechanized methods, which would be commenced in another 15 days.
(v) It is informed that 5 MT waste could be processed in a day.
(vi) The recovered materials would be sold out, the non-
recyclable waste would be burnt and the plastic and other inert free waste would be used as manure/ soil conditioner.
10(vii) It is further informed the there is no suitable land available with the Municipality to transport and dump the waste. Dumping the waste in the other places where legacy wastes are found would lead to sliding of waste.
(viii) A small portion of the mixed waste found within the I L & F S premises, is reportedly sorted out and disposed. It is reported that the Municipality could not deploy the manpower required to sort the mixed waste, in view of the emergency manpower deployment for COVID-19 related activities.
(ix) Another High temperature burner of 1500 kg/day capacity is found installed and operated.
(x) Windrow composting is found to have carried out at the shed in the erstwhile IL & FS site, as a stop gap arrangement, in view of the non-operation of MCC.
(xi) The mechanical fault in the shredder at the Micro Composting Centre is found rectified, and ready to recommence the operation. It is informed that the operation would commence on 28.08.2020. The same is confirmed to have commenced operation on 28.08.2020.
6. NGT Committee on SWM in TamilNadu:
The Principal Bench of the Honourable National Green Tribunal, has constituted a Committee, to monitor the implementation of the Solid Waste Management in the TamilNadu, under the Chairmanship of Hon'ble Justice Dr. P Jyothimani. The Chairman of the Committee also visited Coonoor Municipality on 08.03.2020. District Environmental Engineer, Tamilnadu Pollution Control Board, Udhagamandalam, Regional Director of Municipal Administration, Tiruppur, Regional Executive Engineer, Municipal Administration, Chengalpattu, Municipal Commissioner, Coonoor Municipality, Municipal Health 11 Officer, Coonoor Municipality, and other officials of Municipality accompanied Hon'ble Justice Dr. P Jyothimani, during the inspection. The Micro Composting Centre, Resource Recovery Centre, erstwhile I L & F S premises, and also the other places where legacy wastes are dumped were inspected on that day. Hon'ble Justice Dr. P Jyothimani advised the Local Body to formulate proposal for the bio-mining of the legacy waste, and to submit to Government for approval.
7. Compliance of the instructions given during Joint Inspection:
From the subsequent inspections made on 15.07.2020 and on 27.08.2020, by the District Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam and on perusing the records produced by the local body, it is ascertained that the Local Body has complied with the instructions issued during the Joint Inspection on 19.03.2020, as under:
(i) The waste that was removed from the Petitioners Tea Garden has been found shifted to about 50%.
(ii) The same has been moved to the eastern side of Resource Recovery Centre shed, with a view to carry out the processing of waste.
(iii) The Local Body has assessed the total quantity of legacy waste left over around 11778 Cu.m.
(iv) The Local Body has formulated a proposal for the bio-mining of the legacy waste at an estimated cost of Rs. 94 Lakhs, and submitted to Government for approval.
(v) The Local Body has started sorting the accumulated mixed waste and around 10 MT completed, out of the total quantity of around 300 MT. It is informed that they could not deploy more man-power for this job, in view of the COVID-19 12 situation, and assured once the situation becomes normal, more people would be deployed to clear the same and completed by 31st march, 2021.
(vi) The capacity of the High Temperature Controlled burner has been enhanced by adding another system of 1500 kg/Day capacity.
8. Inferences by the Joint Committee:
Based on the observations made by the Joint Committee during the inspections on 19.03.2020, 15.07.2020 and 27.08.2020, and the records the Joint Committee arrive at the following inferences:
)(a)t Dumping of garbage and human waste adjacent to Petitioner's School has been stopped. The said location has been converted in to Resource Recovery Centre, wherein managing the dry wastes and burning of non-recyclable dry wastes are carried out.
(b) The Municipality has initiated action for the removal and processing of the slid garbage in to the Tea Estate of the Petitioner. Assured to completely remove and process the slided waste by 31st January, 2021.
(c) The reason furnished by Coonoor Municipality in not moving the garbage to the other places, that those places are vulnerable to land sliding is found to be acceptable.
(d) Coonoor Municipality has formulated proposals for the processing of the accumulated legacy waste and submitted to Government.
(e) The reason furnished by the Municipality for the delay in sorting and disposal of un-segregated dry waste is found to be acceptable. Considering the COVID-19 situation, the time limit sought up to 31st March, 2021, for 13 the complete disposal of that waste found to be reasonable.
(f) No open firing of solid waste is carried out, particularly in the erstwhile dumping yard where the Resource and recovery Centre of the Municipality is function.
(g) The infrastructure available with the Municipality is generally found to be adequate to handle the current waste generated.
9. Attachments:
1. Photographs of inspections made
2. Authorization issued to the Municipality by TNPCB.
3. Letter dated 23.07.2020 in which the Municipality submitted the proposal for bio-mining to the Government.
4. Letter dated 28.08.2020 from the Municipality addressed to the District Collector.
Prayer:
It is respectfully submitted that the dumping of garbage in the earlier dumpsite has been stopped completely, open firing of waste has been stopped, and action already initiated by the Municipality to process the slided waste. Thus the prayers of the Applicant are conceded with.
Further, the Municipality has also initiated action, by the way of formulating proposal for the bio-mining of the legacy waste found in the other places, and submitted proposal to the Government for approval. Thus the local body has initiated action for the proper compliance of the provisions of the Solid Waste Management Rules, 2016.14
Considering the terrain of the lands of the Municipality, the claim that moving the slided waste to other area would lead to land-slide vulnerability is acceptable. The difficulties expressed by the Municipality in deploying personnel for sorting out the un-segregated waste accumulated are also understandable.
Under such circumstances, it is submitted that the Hon'ble National Green Tribunal (SZ) may accept the Report of this Joint Committee and order that the further implementation of the measures suggested be ordered to be executed in the recommended time lines, and that the same be monitored by the Committee constituted by the National Green Tribunal, to monitor the implementation of the Solid Waste Management in the TamilNadu, under the Chairmanship of Hon'ble Justice Dr. P Jyothimani.
District Environmental Engineer, District Collector, TamilNadu Pollution Control The Nilgiris." Board, Udhagamandalam
5. It is seen from the report that there around 50% of the legacy waste is left for processing and it is mentioned in the report that they will complete the work by 31.03.2021.
6. However, the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 provided some cut of date to comply with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit and directed the Pollution Control Board to take action against erring local bodies for non-compliance of the 15 directions issued including imposition of compensation and provided certain slab depending upon the population of the local bodies as penalty for non-compliance but nothing was mentioned about the same in the report.
7. So considering the circumstances, the committee is directed to ascertain those aspects and also submit a further progress report and action taken report in this regard in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and submit a report to this Tribunal on or before 02.12.2020 by e-filing after complying with the necessary procedure of producing as many number of hardcopies as required as per rules.
8. The Registry is directed to communicate this order to the members of the committee by e-mail immediately so as to enable them to comply with the direction.
9. For consideration of further report, post on 02.12.2020.
....................................J.M. (Justice K. Ramakrishnan) O.A. No.203/2017, 01st September, 2020. Mn.
.................................E.M. (Shri. Saibal Dasgupta) 16