National Green Tribunal
C.P.Senthil vs Tamilnadu Sate Pollution Control Board ... on 13 July, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 213/2015(SZ)
C .P. Senthil Applicant
Versus
TNPCB, Rep., by its Chairman Chennai and Ors. Respondent(s)
Date of hearing: 13.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. K.S. Elangovan and Mr. M. Velmurugan, Advocates
Respondent(s): Mr. Sai Sathya Jith, Advocate for R1 & R2.
Ms. Josephine, Advocate
Mr. S.V. Pravin Rathinam, Advocate for R3.
ORDER
1. Grievance in this application is against pollution caused by malfunctioning STP set up in residential colony, Flushing Meadows', Globus Gardens, Kaikoapalayam, Coimbatore, Tamil Nadu developed by the Project Proponent (PP) - Elysium Properties Pvt. Ltd.
2. According to the applicant, STP has been constructed in the colony without requisite sanction from the statutory regulators and is causing pollution. The PP is also discharging untreated sewer into the PWD canal adjacent to the colony resulting in water pollution and generation of 1 mosquitos and virus, adversely affecting public health. The PP is also causing noise pollution by operating motor and other appliances.
3. The application was filed on 14.12.2015. The same was taken up on 17.12.2015 and the respondents were required to file their response. Apart from the PP, the State PCB has been impleaded as respondent.
4. Reply has been filed by the PP as well as State PCB. According to the PP, the STP has been established as per norms and treated water is duly utilized. No noise pollution is caused. The stand of the State PCB is that approval has been granted for the housing colony with 126 residential blocks, a common club house and swimming pool. The occupants have to form an association and operate STP for the colony. The STP has been established and treated water is used for gardening/toilet flushing. Consent to operate has been issued. However, it was found on inspection that the STP was not functional and untreated sewage was being discharged outside of colony. There was violation of consent conditions. Parameters of waste water were beyond norms. Show cause notice was issued to the STP operator and personal hearing granted. The operator has been required to take remedial action.
5. In the light of the pleading of the parties, the Tribunal considered the matter and also sought independent inspection report from a joint Committee. The Tribunal issued directions from time to time to take remedial action. It will suffice to refer to the latest orders of this Tribunal and the latest compliance report.
6. Last order of this Tribunal is dated 04.10.2021, in the light of report of the State PCB dated 30.09.2021 to the effect that on account of remedial action there is improvement in the inlet and outlet norms which 2 are now meeting the standards. The Tribunal directed verification of ground situation and filing of a further report. Report of the State PCB dated 14.03.2022 finds shortcomings in operation of the STP. Observations, recommendations and findings in the report are as follows:-
"4.0 Observation and Recommendations of IITM:
A team from IIT Madras visited the STP of Elysium Flushing Meadows and collected the samples from different units of STP. The following major observations were found out based on field visit and detailed analysis of the STP samples.
1. The size of various treatment units adopted in the STP are adequate to treat the wastewater generated in Elysium Flushing Meadows. Therefore, no change in dimensions/ sizing of the unit are required for the existing treatment units.
2. The pH, BOD, COD and TSS values of the treated wastewater (i.e., effluent from the STP) is below the disposal standards prescribed by TNPCB.
3. The Fecal Coliforms (FC) in the treated wastewater was >1600 MPN/100 mL, which is due to insufficient hypochlorite dosage.
However, the level of FC is lesser than permissible value of 10,000 MPN/100 mL.
4. The treatment units were not effective in achieving the nitrification process and due to which ammonia concentration is almost similar in the inlet and outlet wastewater.
5. Phosphate concentration in the treated water is higher than the inlet concentration which might be because of leaching of ions from PSF and ACF.
6. There were no signs of the usage of sludge drying beds that has to be used for drying the screenings and excessive sludge from ASF.
7. The measured noise levels at different residential locations closer to the STP are well within the limits prescribed by TNPCB.
Based on the overall findings, the following recommendations are given for the improvement of the treated water quality and the overall performance of the STP:
1. The conductivity as well as the TDS of the wastewater were increasing after the filtration process, which may be due to the 3 leaching of ions from the PSF and ACF. Therefore, (a) PSF must be maintained properly to sustain the quality of the filtrate, which can be done by making frequent and appropriate backwashing of the filter bed, and (b) ACF should be cleaned chemically or refilled with new adsorbent to maintain the quality of the filtered water.
2. Suitable dosage of hypochlorite must be given to the effluent after ACF to maintain the minimum residual chlorine dosage of 1 ppm. A chlorine contact time of 20 to 30 min must be ensured to reduce the level of FC in the STP effluent.
3. Although the treated wastewater is meting majority of the disposal standards, the detailed solids analysis (TSS, TDS, TFS and TVS) along with other parameters revealed that the present treatment plant failed to achieve the CPHFEO standard for gardening. Therefore, along with already suggested measures, appropriate units such as ultrafiltration (UF) should be added in the tail end of the STP to improve quality of the treated wastewater.
4. Electromagnetic flow meter should be installed at the inlet and the outlet of the STP. Moreover, a dedicated book of records for the STP should be maintained.
5. Units such as secondary settler, filtration holding tank and effluent tank should be provided with platforms for improving the ease of aces for monitoring purpose.
6. The scrap/unwanted materials stored in the storage room should be cleared from the instrumentation/panel room, suitable fire-fighting devices should be equipped within the STP.
Based on the Reports, IITM's has concluded as below:
The physical dimensions of the various treatment units existing at present in the STP are adequate to treat the wastewater generated in Elysium Flushing Meadows. The BOD/COD ration of the raw/influent wastewater indicates the suitability of the biological process-based treatment scheme adopted in the STP of EFM. Moreover, the effluent coming out of the STP is meeting most of the standards prescribed by TNPCB except FC and total phosphorous. The standards can be met if the recommendations pertaining to chlorination, ACF and PSF are practiced systematically is everyday STP operation. Moreover, the measured noise levels at different residential locations closer to the STP are well within the limits prescribed by TNPCB.
5.0 Findings and recommendation of the Joint Committee (TNPCB and CPCB officials) 4 The Joint Committee has inspected the STP and EFM on 07/12/2021 and the samples were collected from Collection tank, Aeration tank, Treated water tank and Ground water seepage well and Bore well samples at southern and eastern side Park of EFM.
The Report of analysis of the samples collected from the STP listed in Table 1 and Ground water (Bore Well) sample collected is listed in Table 2 is submitted below:
Table 1 Sl. Parameter Collection Aeration Treated Ground No. Tank Tank Water water Tank seepage well 1 pH 7.90 7.87 7.66 7.74 2 TSS 50 32.0 14.0 14.0 3 BOD 22 14.0 3.0 2.0 4 COD 80 48.0 16.0 8.0 5 Ammonical 31.8 15.7 12.3 5.0 Nitrogen 6 Total 1.0 2.69 1.87 2.91 Nitrogen 7 Fecal 2100 230 4.5 7.8 Coliform 8 Total 4300 790 17 26.0 Coliform All values are in mg/l except pH and Fecal Coliform (in MPN/100 mL) Table 2 Sl. Parameter Bore Well at Eastern Bore Well at No. Side Southern Side 1 Colour Less than 5 Less than 5 2 pH 8.11 7.45 3 TDS 1370 1880 4 Chlorides 400 600 5 Sulphates 209 280 6 Total Residual <1.0 <1.0 Chlorine 7 Nitrogen as Nitrate 1.86 1.93 8 Fluoride 9.82 0.79 9 Alkalinity 340 360 10 Total Hardness 720 1230 11 Calcium 108.2 152.3 12 Magnesium 109.4 206.6 13 Turbidity <1.0 <1.0 14 Total Iron 1.84 1.66 15 Hexavalent <0.01 <0.01 Chromium 16 Copper 0.2462 0.3488 17 Zinc 0.5460 0.6188 The study is classified under others category according to TNPCB's norms.5
1. The pH, BOD, COD and TSS values of the treated sewage water is below the disposal standards prescribed by TNPCB.
2. The Fecal Coliforms (FC) in the treated wastewater is lesser than permissible value of 10,000 MPN/100 mL. 6.0 Conclusion.
1. The TNPCB standards for the disposal of sewage can be met if the IITM's recommendations pertaining to chlorination, ACF and PSF are practiced systemically in everyday STP operation.
2. The unit may be directed to apply for renewal of consent to operate to TNPCB Board under the Water and the Air Act subject to the outcome of the Hon'ble NGT order regarding the remittance of EC."
7. The PP has filed its affidavit dated 07.05.2022 claiming to have taken remedial steps, giving compliance status in tabular form as follows:-
" S. Recommendations of IIT Compliance Status No. 1 The conductivity as well as the The 3rd Respondent has duly TDS of the wastewater were complied with the same with the increasing after the filtration induction of filter media and process, which may be due to activated carbon in the Sewage the leaching of irons from the Treatment Plant. The same was also PSF and ACF. Therefore, (a) PSF communicated to the 1st Respondent must be maintained properly to vide Letter dated 15.03.2022. The sustain the quality of the filtrate, Letter dated 15.03.2022 is hereby which can be done by making filed along with this Second Affidavit frequent and appropriate of Compliance as ANNEXURE- 1.
backwashing of the filter bed,
and (b) ACF should be cleaned
chemically or refilled with new
adsorbent to maintain the
quality of the filtered water.
2 Suitable dosage of hypochlorite The 3rd Respondent has duly
must be given to the effluent after complied with the same. Compliance
ACF to maintain the minimum of the same necessitated the 3rd
residual chlorine dosage of 1 Respondent to bring forth a minor
ppm. A chlorine contact time of 20 modification in the nature of
to 30 min must be ensured to changing the time difference
reduce the level of FC in the STP between switching on motors during
effluent. the running of the plant which was
duly carried out by
6
3 Although the treated wastewater The 3rd Respondent has ensured in
is meeting majority of the disposal the compliance of the same. The
standards, the detailed solids Photographs evidencing the same are
analysis (TSS, TDS, TFS and TVS) hereby filed along with this Affidavit
along with other parameters of Compliance as ANNEXURE-2.
revealed that the present
treatment plant failed to achieve
the CPHEEO standard for
gardening. Therefore, along with
already suggested measures,
appropriate units such as
ultrafiltration (UF) should be
added in the tail end of the STP to
improve the quality of the treated
wastewater.
4 Electromagnetic flow meter should The 3rd Respondent has ensured in
be installed at the inlet and the the compliance of the same. The
outlet of the STP. Moreover, a Photographs evidencing the same are
dedicated book of records for the hereby filed along with this Second
STP should be maintained Affidavit of Compliance as
ANNEXURE-3.
5 Units such as secondary settler, The 3rd Respondent is in the process
filtration holding tank and effluent of ensuring the compliance of
tank should be provided with the same. Due to the roof height of
platforms for improving the ease the Sewage Treatment Plant,
of access for monitoring purpose. identification of platforms for
improving ease of access are not very
easily available and the same is
purported to be complied by the 3rd
Respondent shortly within a period of 30 days.
6 The scrap/unwanted materials The 3rd Respondent has ensured in "
stored in the storage room should the compliance of the same. The be cleared from the Photographs evidencing the same instrumentation/panel room, are hereby filed along with this and suitable firefighting devices Second Affidavit of Compliance as should be equipped within the ANNEXURE-4.
STP.
8. Thereafter, the independent report filed by the State PCB accepts the said status report. Relevant extracts from the said report are:-
"The TNPCB officials have inspected the STP of EFM on 12.05.2022 and the samples were collected from Collection Tank, Aeration Tank, treated water tank and ground water seepage well and bore well samples at southern and eastern side park of EFM. The report of analysis of the samples collected from the STP listed in Table 3 and Ground Water (Bore well) sample collected is listed in Table 4 is submitted as below:-7
S. Parameters Collection Aeration Treated Ground No. Tank Tank Water Water Tank Seepage
1. pH 7.22 7.46 7.80 7.61 2. TSS 186 344 6 52 3. BOD 152 25 3 12 4. COD 616 216 56 32
5. Ammonical 25.2 8.4 5.6 11.2 Nitrogen
6. Total Nitrogen 0.8 2.59 0.76 2.46
7. Total <0.1 <0.1 <0.1 <0.1 Phosphorus
8. Faecal 2500 2600 3.7 17 Coliform 9. Total Coliform 5800 6300 15 39 All values are in mg/l except pH and Faecal Coliform (in MPN/100 mL) S. No. Parameter Borewell at Borewell at Eastern side Southern side
1. Colour <5.0 <5.0
2. pH 7.44 7.38
3. TDS 2918 3008 4. Chlorides 850 800 5. Sulphates 669 635
6. Total Residual Chlorine <1.0 <1.0
7. Nitrogen as Nitrate 2.85 2.61
8. Fluoride 1.6 1.55 9. Alkalinity 284 320
10. Total Hardness 1500 1200
11. Calcium 280.6 200.4
12. Magnesium 194.4 170.1
13. Turbidity <1.0 <1.0
14. Total Iron 0.21 0.13
15. Hexavalent Chromium <0.01 <0.01
16. Copper 0.5988 0.7412
17. Zinc 0.8462 0.5122 The joint Committee in its report dated 11.03.2022 has recommended in 4.0 Conclusion point no. b & c as follows:
b. The BOD/COD ratio of the raw/influent waste water indicates the suitability of the biological process-based treatment scheme adopted in the STP of EFM. Moreover, the effluent coming out of the STP is meeting most of the standards prescribed by TNPCB except FC and total Phosphorous.
c. The standards can be met if the recommendations pertaining to chlorination, ACF and PSF are practiced systematically in everyday STP operation.8
In compliance of the Joint Committee report, the unit has installed UV Disinfection system in the existing sewage treatment plant. The ROA of treated sewage reveals that, all the parameters such as pH, TSS, BOD, COD, Total Nitrogen, Ammonical Nitrogen, Total Phosphorous, Faecal Coliform are meeting the TNPCB standards prescribed by the Board.
Standards (Applicable to all mode of
Parameters disposal)
Others Treated water
sample collected by
TNPCB officials on
12.05.2022
pH 5.5-9.0 7.80
TSS 50 6
BOD 30 3
COD 150 56
Ammonical Nitrogen - 5.6
Total Nitrogen - 0.76
Total Phosphorus 1 <0.1
Faecal Coliform Desirable -230 3.7
Permissible -1000
The study is classified under others category according to TNPCBs norms (Source: NGT (PB) order dated 30.04.2019 in O.A. No. 1069/2018.
As per the IITM's recommendations pertaining to chlorination, ACF and PSF, the unit has installed UV Disinfection system in the existing Sewage Treatment Plant.
7.0 Conclusion.
1. The unit has followed the recommendations ascertained by Joint Committee as well as IIT recommendation and the treated water analysis report shows that the parameters are within the standards prescribed by TNPC Board.
2. Hence, the unit may be directed to apply for renewal of consent to operate from TNPC Board under the Water and the Air Act subject to the outcome of the Hon'ble NGT order regarding the remittance of Environmental Compensation."
9. In view of the above, no further order is necessary at this stage except that the State PCB may proceed further for assessment and recovery of compensation for past violations, following due process. The CTO to be granted by TNPCB may stipulate requirement of proper 9 utilization of treated sewage and specified mode of disposal during the period of non-utilization of treated sewage.
The application is disposed of.
A copy of this order be forwarded to the State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM July 13, 2022 Original Application No. 213/2015(SZ) A 10