National Green Tribunal
Jith Kumar vs State Of Kerala Represented By Its Chief ... on 30 July, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.19 to 22:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.442 of 2013 (SZ)
With
Original Application No.20 of 2017 (SZ)
With
Original Application No.276 of 2017 (SZ)
With
Original Application No.77 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Jith Kumar ...Applicant(s)
Versus
The State of Kerala and others. ....Respondent(s)
With
Abdul Bhasheer ...Applicant(s)
Versus
Kochi Municipal Corporation &Ors. ....Respondent(s)
With
Lawyers Environmental
Awareness Forum ...Applicant(s)
Versus
State Level Environment Impact Assessment Authority,
Trivandrum and others.
....Respondent(s)
With
Suo Motu Proceedings initiated based on a
Letter received from Justice A.V. Ramakrishna Pillai,
Former Judge, High Court of Kerala,
Chairman, State Level Monitoring Committee, Kerala.
...Applicant(s)
Page 1 of 28
Versus
The Chief Secretary,
Government of Kerala,
Thiruvananthapuram and Ors.
....Respondent(s)
O.A. No.442 of 2013:
For Applicant(s): Mr. Varghese K. Paul.
For Respondent(s): Mr. E.K. Kumaresan for R1.
Mr. G.M. Syed Nurullah Sheriff for R2.
Mr. K.R. Harin for R3.
Mrs. V.K. Rema Smrithi for R4.
O.A. No.20 of 2017:
For Applicant(s): Mr. John Mathew Therezhth.
For Respondent(s): Mr. K.R. Harin for R1.
Mrs. V.K. Rema Smrithi for R2.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for R3.
Mrs. Vidhyalakshmi Vipin through
Ms. Mokshavathy for R4.
Mr. E.K. Kumaresan for R6 & R9.
Mr. Meyyappan represented
Mrs. Me. Saraswathy for R7.
O.A. No.276 of 2017:
For Applicant(s): Mr. A.A. Jaleel.
For Respondent(s): Mrs. Vidhyalakshmi Vipin through
Ms. Mokshavathy for R1.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for R2.
Mr. E.K. Kumaresan for R3, R5 & R9.
Mr. K.R. Harin for R4.
Mrs. V.K. Rema Smrithi for R6.
Ms. Ojas Sivakumar represented
Mr. M.R. Gokul Krishnan for R8.
Page 2 of 28
O.A. No.77 of 2021:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. E.K. Kumaresan for R1 to R3, R5, R7.
Mrs. V.K. Rema Smrithi for R4.
Mr. K.R. Harin for R7.
Mr. Abubakar for R8.
Mr. Haridass for R10 & R11.
Mr. G.G. Manoj for R13.
Mr. S. Jamal represented
Mr. T.K. Ajithkumar for R14.
Date of hearing: 30.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
ORDER
1. As per order dated 21.06.2021, this Tribunal had considered the various reports submitted by the Pollution Control Board which were extracted in Para 5 & 7 of the order and then, passed a detailed order noting the gap in carrying out the implementation of the Solid Waste Management Rules, 2016 in Kochi and also expressed our dissatisfaction in the manner in which the persons who are expected to deal with these issues are not rising to the expectation of this Tribunal and also the people at large. Though the matter has been pending before this Tribunal since 2013 and even prior to that, it was pending before the Hon'ble High Court of Kerala since 2012, no effective steps have been taken. Thereafter, the cases have been posted Page 3 of 28 to today directing the Kerala State Pollution Control Board, Kerala State Level Monitoring Committee, Kochi Corporation and other local bodies to file their independent reports and also the Chief Secretary, State of Kerala was directed to look into the issue personally and take appropriate steps to resolve the issue.
2. When the matter came up for hearing today through Video Conference, in O.A. No.442/2013, Mr. Varghese K Paul represented the applicant and Mr. E.K. Kumaresan represented 1st respondent, Mr. G.M. Syed Nurullah Sheriff represented 2nd respondent, Mr. K.R. Harin represented 3rd respondent and Mrs. V.K. Rema Smrithi represented 4th respondent. In O.A. No.20/2017, Mr. John Mathew Therezhth represented the applicant and Mr. K.R. Harin represented 1st respondent, Mrs. V.K. Rema Smrithi represented 2nd respondent, Mr. D.S. Ekambaram through Mrs. P. Jayalakshmi represented 3rd respondent, Mrs. Vidhyalakshmi Vipin through Ms. Mokshavathy represented 4th respondent, Mr. E.K. Kumaresan represented respondents 6 & 9, Mr. Meyyappan represented Mrs. Me. Saraswathy for 7th respondent. In O.A. No.276/2017, Mr. A.A. Jaleel represented the applicant and Mrs. Vidhylakshmi Vipin through Ms. Mokshavathy represented 1st respondent, Mr. D.S. Ekambaram through Mrs. P. Jayalakshmi represented 2nd respondent, Mr. E.K. Kumaresan represented respondents 3, 5 & 9, Mr. K.R. Harin represented 4 th respondent, Mrs. V.K. Rema Smrithi represented 6th respondent, Ms. Ojas Page 4 of 28 Sivakumar represented Mr. M.R. Gokul Krishnan for 8th respondent. In O.A. No.77/2021, Mr. E.K. Kumaresan represented respondents 1 to 3, 5 & 7, Mrs. V.K. Rema Smrithi represented 4th respondent, Mr. K.R. Harin represented 7th respondent, Mr. Abubakar represented 8th respondent, Mr. Haridass represented respondents 10 & 11, Mr. G.G. Manoj represented 13th respondent and Mr. S. Jamal represented Mr. T.K. Ajithkumar for 14th respondent.
3. We have received the report submitted by the Kochi Corporation dated Nil, e-filed on 29.07.2021 and received today (i.e. 30.07.2021) which reads as follows:-
"ACTION TAKEN REPORT AND ACTION PLAN FOR COMPLIANCE OF SOLID WASTE MANAGEMENT RULES 2016 Submitted before the NGT Southern zone Chennai in OA No. 442/2013 heard on 21/06/2021 The total municipal solid waste generated in Kochi Municipal Corporation area is 326 tonnes per day. The per capita waste generation is 0.541kg. Of the total waste generation about 306 TPD (92%) of wastes are collected of which the 206 TPD of organic fraction is treated in the compost plant. The remaining 100 TPD of non-biodegradable wastes after recovering valuable plastic materials are landfilled. About 9 tonnes of wastes are processed at source by the households and about 10 tonnes of wastes are processed through the biobins operated by the CREDAI(Confederation of Real Estate Builders Association) Major sources of MSW generation in the city include domestic sources such as individual households, apartments, commercial establishments such as hotels, restaurants, markets institutions etc. As per the draft Kochi Climate Action Plan report prepared by GIZ, a German cooperation agency supporting Page 5 of 28 Kochi Corporation under the Sustainable Development Smart cities project domestic and commercial establishments such as small shops are the major contributors of waste generation accounting to about 57% followed by hotels and restaurants contributing 10%, vegetable fruits meat etc contributing 7% and so on.
As per the Environmental Impact Assessment report prepared by L&T Infra Engineering in 2019 for the waste to energy project organic fraction accounts about 63% of the total waste generated. Non-biodegradable wastes including plastic, textiles leather etc contribute 31% of the waste generated. As per a study conducted by C-HED a research supporting wing of Kochi Corporation in 2016 79.8% of waste at collection point is organic waste.
Updated status of the implementation of the SWM Rules 2016 in brief is furnished below. Status of major works such as biomining of legacy waste, waste to energy project, leachate treatment are furnished separately with revised action plan for implementation of the projects as part of complying the SWM Rules 2016 at the end of this report. The present status of compliance in implementation of the SWM Rules 2016 is as given below.
1. Rule 22(1): Identification of suitable sites for setting up solid waste processing facilities Kochi Corporation had identified, constructed, commissioned and is operating a 250 tonnes per day capacity Windrow compost plant at Brahmapuram for treating the biodegradable fraction of the waste since April 2008(Whereby the Rule 22(1) is complied)
2. Rule 22(2) identification of suitable sites for setting up common regional sanitary landfill facilities for suitable clusters of local authorities under 0.5 million population and for setting up common regional sanitary landfill facilities or stand alone sanitary landfill facilities by all local authorities having a population of 0.5 million or more.Page 6 of 28
Vide letter No. PCB/RO-EKM/GEN-97/12 dated 22/08/2019 Chief Environmental Engineer, Regional Office
Ernakulam had informed after inspection that the land identified by Corporation in Brahmapuram is not suitable as per the guidelines of CPCB.
A request has been placed with the Government vide letter No. MOE2/3760/18 dated 19/11/2019 to waive the conditions of siting landfill and to grant special permission.
Vide G.O (Rt)No.1198/2020/LSGD dated 18/06/2020, Government have accorded sanction to Kerala Enviro Infrastructure Limited and Clean Kerala Company Limited for constructing regional sanitary landfill in the land purchased by KINFRA from FACT near Brahmapuram by utilizing 25 acres of land.
Construction of the scientific landfill will be taken up through the forthcoming Kerala Solid Waste Management project.
3. Rule 22(3) Procurement of suitable sites for setting up solid waste processing facility and sanitary landfill facilities Suitable site was procured in 2004 and Solid waste treatment plant was established in 2008 itself. Status regarding the establishment of scientific landfill is as given in the above paragraph.
4. Rule 22(4) Enforcing waste generators to practice segregation of bio degradable, recyclable combustible, sanitary waste domestic hazardous and inert solid waste at source.
99% of Households in Kochi Corporation area store wastes in segregated form (Biodegradable waste and Non-biodegradable wastes separately). 7,262(4.32%)HHs have adopted source level treatment and wastes generated from 8204 HHs(4.88%) are treated through biobins operated by CREDAI(Confederation of Real Estate Builders Association) 5% of HHs in and around Fort Kochi who were reluctant in source segregation was brought on board by distributing 30000 bins, under the Cochin Smart Mission (Smart City Project) Page 7 of 28 About 70% of shops/commercial establishments store wastes in segregated form. Earlier this was 59.8%
5. Rule 22(5) Ensure door to door collection of segregated waste and its transportation in covered vehicles to processing or disposal facilities.
There are about 1,67,935 households in Kochi Corporation. Wastes are directly collected from about 1,50,730 HHs (90%) (Door to door collection of wastes). In about 7,262(4.32%)HHs source level treatment of wastes are adopted. And in another 8204 HHs(4.88%) CREDAI a real estate builders association is taking care of the waste management. In total 99.2% of the total wastes are either collected by door to door collection or processed at source.
6. Rule 22(6) Ensure separate storage, collection and transportation of construction and demolition waste.
In compliance with the construction and demolition waste management rules 2016, the C&D wastes are not collected nor mixed with the other wastes collected, transported and treated by Corporation. C&D wastes are reused for filling low lying areas and filling of basement areas and for construction of pavement tiles and kerb stones. Construction of construction and Demolition waste treatment plant is separately included in the action plan.
7. Rule 22(7) Setting up solid waste processing facilities by all local bodies having 100000 or more population Kochi Corporation had set up a 250 TPD capacity windrow composting plant (one of the technologies specified in CPHEEO manual and SWM Rules 2016) for solid waste processing in 2008 itself. As part of improving waste treatment a waste to energy plant will also be set up in Brahmapuram where there is a functional compost plant. Updated status is furnished separately.
8. Rule 22(8) Setting up solid waste processing facilities by local bodies and census towns below 100000 population.
Not applicable to Kochi Corporation as the population of Kochi Corporation is above 100000.
9. Rule 22(9) Setting up common or stand alone sanitary landfills or for all local bodies having 0.5 million or more Page 8 of 28 population for the disposal of only such residual wastes from the processing facilities as well as untreated inert wastes as permitted under the Rules Status is same as furnished for Rule 22(2)
10.Setting up common or regional sanitary landfills by all local bodies and census towns under 0.5 million population for the disposal of permitted waste under the rules.
Not applicable to Kochi Municipal Corporation
11.Rule 22(11) Bio-remediation or capping of old and abandoned dump sites The work of biomining of legacy waste has been awarded to M/s Zonta Inratech Private Limited Vide LOA No. No.MOE2/3760/20 dated 23/07/2021. Status update is furnishes separately.
STATUS OF MAJOR WORKS TO BE CARRIED OUT
AT BRAHMAPURAM TO COMPLY WITH THE
DIRECTIONS OF NGT
Biomining of Legacy waste:
Vide G.O (Ms)No.8/2020/DMD dated 05/03/2020,
invoking the provision under Section 24(e) of Disaster
Management Act 2005 the task of scientific management of legacy waste accumulated at Brahmapuram waste dumping yard was taken over by the Government in LSG Department as the financial bid/quoted rate of the tender floated by Kochi Corporation on 26/10/2019 was not approved by the Corporation Council in its meetings held on 28/01/2020, 06/02/2020,22/02/2020, 28/02/2020,02/03/2020 and 03/03/2020.
Fresh tenders were floated by KSIDC as per the directions in the G.O mentioned in the above paragraph on 20/03/2020. As there was only one participant, the work was retendered on 24/06/2020. The tender procedures were completed by KSIDC on 12/10/2020.
As Vide letter No.238/DC1/2020/LSGD dated 22/10/2020 Kochi Corporation was directed by the Government to examine the quantity of legacy waste assessed and the rate quoted by the Page 9 of 28 consortium led by M/s Zonta Infratech Pvt Ltd, the bidder selected for the rehabilitation of municipal solid waste dump site at Brahmapuram in consultation with KSPCB and submit the report NIT Calicut was engaged to conduct a drone survey which was completed on 09/02/2021. The final report submitted by NIT Calicut was submitted to the Government on 07/04/2021.
Vide G.O(Rt)No.1219/2021/LSGD dated 27/06/2021 Government have directed to issue work order to the agency(M/s Zonta) identified through the tender process. Based on the Council Resolution No.1 dated 22/07/2021 the work was awarded to M/s Zonta Infratech Pvt Limited the agency identified for the work of biomining Vide LOA No. No.MOE2/3760/20 dated 23/07/2021.
Waste to Energy project:
As the concessionaire M/s GJ Ecopower Private Limited could not demonstrate and submit the financial closure or financial plan for funding the project even after 1400 days of signing the agreement, Government vide G.O (Rt)No.805/2020/LSGD Dated 30/04/2020 cancelled the approval granted to the concessionaire M/s GJ Ecopower Pvt Ltd and directed Kochi Corporation to terminate the concession agreement.
KSIDC was directed to float fresh tenders for the waste to energy project. The concession agreement was terminated by Kochi Corporation accordingly. The concessionaire was also heard by the Government as directed by Hon'ble High Court and Vide G.O (Rt)No.1064/2020/LSGD dated 05/06/2020 Government affirmed that the concessionaire would not be able to implement the project even if more time is granted and directed KSIDC to go ahead with tendering of the work.
New tenders for waste to energy plant were invited by MD, KSIDC on 24/06/2020(as the concession agreement signed in February 2016 was cancelled by the Government as the concessionaire could not submit the financial close) with last date for submission of bids on 04/09/2020. As only one bidder got qualified retenders were invited on 08/01/2021 with closing date on 23/01/2021.
Page 10 of 28M/s Zonta Infratech has been selected as the successful bidder. Evaluation and finalisation of the tender is being done at the Government level. It is learnt that the file is under the consideration of the cabinet and regarding the transfer of land to KSIDC for subleasing to the concessionaire of waste to energy project agenda is placed before Kochi Corporation Council for its approval.
Leachate treatment of the existing compost plant The work for preparation of DPR for leachate treatment plant was awarded after tendering process to the lowest bidder on 29/07/2019. GIZ a German cooperation agency who supports Corporation under the Sustainable Urban Development - Smart Cities project was also engaged to suggest suitable technology for the leachate treatment plant. As the technology proposed by GIZ that of Sequencing Batch Reactor was different from that proposed by Suchitwa Mission of Electrocoagulation, the council that met on 03/03/2020 referred the matter to the Health Standing Committee and the committee wanted to take a suggestion from Suchitwa Mission.
Accordingly Suchitwa Mission was requested on 04/08/2020. Vide letter No.1202/G/2018/SM dated 09/11/2020 Suchitwa mission had directed to take up construction of leachate treatment plant only after constructing the collapsed roof of the compost plant and assessing the actual quantity of leachate generated. Till then the leachate shall be treated in the septage treatment plant.
Accordingly 5 truckloads of leochote are taken to the septage treotment plant ond treoted there. New leachate treotment plont construction will be token up olong with the new compost plont.
Construction of collapsed roof and structure of the compost plant shed An amount of Rs.1 Crore has been budgeted in the plan fund of 2020-2t for preparing the design and initial work. The work was tendered and an agency M/s Esteem Builders was selected. Agreement executed on 1.5/06/202t with 4 months completion time.
Page 11 of 28Work of preparing design is in progress. Preliminary survey has been completed. Tendering of the work will be initiated soon after completion of the design works.
Operation of MRFs and construction of MCFs MCF will be constructed in each of the 21 Health Circles. Details furnished in the attached Action plan Authorisation from Pollution Control Board The application for renewal of authorisation obtained in 2008 was submitted to Pollution Control Board on 0t/07/2016 with the processing fee of Rs.30000 (DD.No.400893 dated 01/07 /2016) vide letter no.MOE2/2t94t/LG dated 01,107/2016 and vide letter no. MOE2/2L94tl16 dated 28/t0/2016 proposal for leachate treatment plant was also submitted to the Environmental Engineer of Ernakulam District Office -ll.
An amount of Rs.7,80,000 was also remitted towards the required fees on 02/0512017 vide letter Letter No.MOE2-6224120t4 dated 27/04/2017. No communication is sent to us after submission of the application for authorisation/consent to operate. Vide letter no. MOE2-10945/t7 dated tt10612021 Pollution Control Board was requested to advice us on whether a fresh application is to be filed. No communication is yet received in this regard."
4. We have also received a report from the District Collector, Ernakulam dated 29.07.2021, e-filed on 29.07.2021 and received on today (i.e. 30.07.2021) which reads as follows:-
"REPORT FILED ON BEHALF OF DISTRICT COLLECTOR, ERNAKULAM It is submitted that the District Collector, Ernakulam herein has filed a report in the above Original Application as per the direction of this Hon'ble National Green Tribunal dated 21.06.2021.
1. It is respectfully submitted that District Collector Ernakulam in the capacity of Chairman District Disaster Management Authority has been ensuring all support and Page 12 of 28 coordination required in the matter to Kochi Municipal Corporation to resolve the solid waste management issue in Brahmapuram.
2. It is also respectfully submitted that land to an extent of 100 acre for this purpose was identified and handed over by the District Collector in 2004. Similarly, the District Collector has intervened to ensure the road connectivity to the plant and issued the sanction for completion of road works under DM Act. Similarly, waste to energy plants were sanctioned by the State Govt using the Disaster Management Act 2005.
3. It is also respectfully submitted that the District Collector has been convening the coordination meetings with various stakeholders in the matter and therefore there has been good progress in the last 6 months in the matter which is listed below:
a) Biomining of Legacy waste: Vide G.O (Ms)No.8/2020/DMD dated 05/03/2020, invoking the provision under Section 24(e) of Disaster Management Act 2005 the task of scientific management of legacy waste accumulated at Brahmapuram waste dumping yard was taken over by the Government in LSG Department as the financial bid/quoted rate of the tender floated by Kochi Corporation on 26/10/2019 was not approved by the Corporation Council in its meetings held on 28/01/2020, 06/02/2020,22/02/2020, 28/02/2020,02/03/2020 and 03/03/2020. Fresh tenders were floated by KSIDC as per the directions in the G.O mentioned in the above paragraph on 20/03/2020. As there was only one participant, the work was retendered on 24/06/2020. The tender procedures were completed by KSIDC on 12/10/2020.
As Vide letter No.238/DC1/2020/LSGD dated 22/10/2020 Kochi Corporation was directed by the Government to examine the quantity of legacy waste assessed and the rate quoted by the consortium led by M/s Zonta Infratech Pvt Ltd, the bidder selected for the rehabilitation of municipal solid waste dump site at Brahmapuram in consultation with KSPCB and submit the report NIT Calicut was engaged to conduct a drone survey which was Page 13 of 28 completed on 09/02/2021. The final report submitted by NIT Calicut was submitted to the Government on 07/04/2021.
Vide G.O(Rt)No.1219/2021/LSGD dated 27/06/2021 Government has directed to issue work orders to the agency (M/s Zonta) identified through the tender process. Based on the Council Resolution No.1 dated 22/07/2021 the work was awarded to M/s Zonta Infratech Pvt Limited the agency identified for the work of biomining Vide LOA No. No.MOE2/3760/20 dated 23/07/2021.
b) Waste to Energy Project: As the concessionaire M/s GJ Ecopower Private limited could not demonstrate and submit the financial closure or financial plan for funding the project even after 1400 days of signing the agreement, Government vide G.O (Rt)No.8t15/2020/LSGD Dated 30/04/2020 cancelled the approval granted to the concessionaire M/s GJ Ecopower Pvt Ltd and directed Kochi Corporation to terminate the concession agreement. KSIDC was directed to float fresh tenders for the waste to energy project. The concession agreement was terminated by Kochi Corporation accordingly. The concessionaire was also heard by the Government as directed by Hon'ble High Court and Vide G.O (Rt)No,1064/2020/LSGD dated 05/06/2020 Government affirmed that the concessionaire would not be able to implement the project even if more time is granted and directed KSIDC to go ahead with tendering of the work.
New tenders for waste to energy plant were invited by MD, KSIDC on 24/06/2020(as the concession agreement signed in February 2016 was cancelled by the Government as the concessionaire could not submit the financial close) with last date for submission of bids on 04/09/2020. As only one bidder got qualified retenders were invited on 08/01/2021 with closing date on 23/01/2021.
M/s Zonta Infratech has been selected as the successful bidder. Evaluation and finalisation of the tender is being done at the Government level. It is learnt that the file is under the consideration of the cabinet and regarding the transfer of land to KSIDC for Page 14 of 28 subleasing to the concessionaire of waste to energy project agenda is placed before Kochi Corporation Council for its approval.
c) Leachate treatment of the existing compost plant:
The work for preparation of DPR for leachate treatment plant was awarded after tendering process to the lowest bidder on 29/07/2019. GIZ a German cooperation agency who supports Corporation under the Sustainable Urban Development -Smart Cities project was also engaged to suggest suitable technology for the leachate treatment plant. As the technology proposed by GIZ that of Sequencing Batch Reactor was different from that proposed by Suchitwa Mission of Electrocoagulation, the council that met on 03/03/2020 referred the matter to the Health Standing Committee and the committee wanted to take a suggestion from Suchitwa Mission.
Accordingly, the Suchitwa Mission was requested on 04/08/2020. Vide letter No.1202/G/2018/SM dated 09/11/2020 Suchitwa mission had directed to take up construction of leachate treatment plant only after constructing the collapsed roof of the compost plant and assessing the actual quantity of leachate generated. Till then the leachate shall be treated in the septage treatment plant.
Accordingly, 5 truckloads of leachate are taken to the septage treatment plant and treated there. New leachate treatment plant construction will be taken up along with the new compost plant.
d) Construction of collapsed roof and structure of the compost plant shed: An amount of Rs.1 Crore has been budgeted in the plan fund of 2020-21 for preparing the design and initial work. The work was tendered and an agency M/s Esteem Builders was selected. Agreement executed on 15/06/2021 with 4 months completion time, Work of preparing design is in progress.
Preliminary survey has been completed. Tendering of the work will be initiated soon after completion of the design works.
e) Operation of MRFs and construction of MCFs: MCF will be constructed in each of the 21 Health Circles. Details furnished in the attached Action plan.
Page 15 of 284. It is most respectfully submitted that District Collector Ernakulam has been ensuring and will ensure all necessary support and coordination required in the matter to Kochi Municipal Corporation to resolve the long pending issue of Solid Waste Management at Brahmapuram.
Therefore, it is most humbly prayed that this Hon'ble Tribunal may be pleased to take the said Report filed by the District Collector, Ernakulam on Record and thus render justice.
Dated at Chennai on this the 29th day of July 2021."
5. Though it was mentioned in the report that the bio mining work of disposal of legacy waste in Brahmapuram was entrusted to M/s. Zonta Infratech Pvt. Limited as per their LOA No.MOE2/3760/20 dated 23.07.2021, they have not mentioned as to how much time it will take for completion of work and to clear the legacy waste. The waste to energy plant is also a dream since long time that also has not come to a reality so far.
6. We have also received updated status report filed by the Kerala State Pollution Control Board dated 29.07.2021, e-filed on the same day and received today (i.e. 30.07.2021) which reads as follows:-
"UPDATED STATUS REPORT FILED BY THE CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM FOR AND ON BEHALF OF THE KERALA STATE POLLUTION CONTROL BOARD I, M.A Baiju, 55 years, S/o M.K Aravindakshan, now working as the Chief Environmental Engineer, Regional Office, Kerala State Pollution Control Board, Ernakulum. I am competent to and duly authorized to represent the Board. I know the facts and Page 16 of 28 circumstances of the cases. The factual submissions made here under may be seen as an updated status report in continuation to the report submitted on 17.05.2021 in the above mentioned OAs and are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and necessary that this Hon'ble Tribunal may be pleased to accept the accompanying report on file and it is so humbly prayed in the interests of justice in this case.
1. I may humbly submit that this report is prepared after conducting an inspection on 23.07.2021 at Brahmapuram dumping yard. This may be read as a continuation of the report submitted on 17.05.2021 on which an order was delivered on 21.06.2021.During inspection no progress were seen in the management of solid waste at the plant where the same situation is existing as illustrated in the earlier report submitted on 17.05.2021. The commencement of south - west monsoon also made the management of solid waste impracticable. Dilapidated windrow sheds and unscientifically constructed drains causing unmanageable leachate flow.
2. It is respectfully submitted that the Hon'ble Tribunal as per the order dated 21.06.21 illustratedand directed as follows, "It is also seen from the report submitted by the Pollution Control Board that the situation in other areas is also not better. The Chief Secretary has been called to the Principal Bench in O.A. No. 606/2018 and in fact in one of the occasions, Tribunal expressed its displeasure regarding the manner in which the issue is handled in State of Kerala. But in spite of that, no improvement has taken place in resolving the issue in an effective manner. However, we feel that one more opportunity can be given to Kochi Municipal Corporation and also to come with effective action taken plan for resolving the issue in an effective manner".
"The Chief Secretary and Principal Secretary for Environment and the Secretary for Local Administration are also directed to come with a proper and effective action plan to resolve the issue effectively, otherwise, this Tribunal will be compelled to Page 17 of 28 take action against the persons, who are responsible to implement the directions issued by this Tribunal as contemplated under Section 25 and 28 of the National Green Tribunal Act, 2010. The Authorities have failed to note the fact any direction or an awarded or order passed by the Tribunal are having the character of the order passed by the civil court, which can be executed as though, it is an order of civil court. If that be the case, the procedure for execution as provided Order 21 can also be invoked by this Tribunal and necessary action can be taken against the officer, for non implementation of the direction issued by this Tribunal"
"As regards O.A. No.77/2021 is concerned, the local bodies who have been arrayed in the case are directed to submit their independent response regarding the manner in which the Solid Waste Management Rules, 2016 are being implemented in their respective jurisdiction including the disposal of the waste that is being generated and collected and dumped in the dump yards. They are also expected to dispose the waste that is being collected and dumped in a scientific manner as provided under the Solid Waste Management Rules, 2016 and if it is not done, they will also be liable to face the consequences for not complying with the statutory rules in accordance with law".
"Pollution Control Board as well as State Level Monitoring Committee are directed to file further updated status report of implementation of Solid Waste Management Rules and disposal of legacy waste in Kochi Corporation as directed by this Tribunal and other local bodies in the District before the next hearing date, namely, 30.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules".
"Chief Secretary is directed to look into the issue seriously as this issue is pending since long time without getting proper attention from the higher authorities, as a result of which such gross violations are taking place"Page 18 of 28
3. It is respectfully submitted that a meeting was convened by the District Collector on 20.07.2021. This was done since the Hon'ble Tribunal specifically mentioned as follows, "The District Collector, Ernakulam is also directed to file a detailed report regarding the steps taken by them for resolving the issue, after they have been designated as a nodal officer to resolve the issue invoking the power vested under Disaster Management Act, 2005 by the Government"
In the meeting the Secretary, Kochi Corporation as well as this respondent were attended and discussed in detail about the actions already undertaken and proposed action plans by the Corporation. The Secretary had agreed to submit a report updating the status and proposed actions to be undertaken for effective solid waste management activities of Kochi Corporation. Accordingly a report was submitted by the Secretary, Kochi Corporation on 23.07.2021, important commitments are illustrated as follows,
1. Biomining of legacy waste Reported Action - Vide G.O (Rt)No.1219/2021/LSGD dated 27/06/2021 Government have directed to issue work order to the agency (M/s Zonta) identified through the tender process. Based on the Council Resolution No.1 dated 22/07/2021 the work was awarded to M/s Zonta Infratech Pvt Limited the agency identified for the work of biomining vide LOA No. No.MOE2/3760/20 dated 23/07/2021.
2. Solid waste management Reported Action - M/s Zontainfratech has been selected as the successful bidder. Evaluation and finalization of the tender is being done at the Government level. It is learnt that the file is under the consideration of the cabinet and regarding the transfer of land to KSIDC for subleasing to the concessionaire of waste to energy project agenda is placed before Kochi Corporation Council for its approval.
For construction of collapsed roof and structure of the compost plant shed, an amount of Rs.1 Crore has been budgeted in the plan fund of 2020-21 for preparing the design and initial work.Page 19 of 28
The work was tendered and an agency M/s Esteem Builders was selected. Agreement executed on 15/06/2021 with 4 months completion time. Work of preparing design is in progress. Preliminary survey has been completed. Tendering of the work will be initiated soon after completion of the design works.
3. Leachate Treatment Reported Action - New Leachate Treatment construction will be taken up along with new compost plant. Till then the leachate shall be treated in the septage treatment plant. Accordingly 5 truck loads of leachate are taken to the septage treatment plant and treated there. Suchitwa mission had directed Kochi Corporation to take up construction of leachate treatment plant only after constructing the collapsed roof of the compost plant and assessing the actual quantity of leachate generated.
4. MRF s and MCFs ReportedAction - MCF will be constructed in each of the 21 Health Circles.
5. Authorization from SPCB Reported Action -The Corporation had submitted application for Authorization.
Due to non-compliance and initiation of legal proceedings, authorization has not been issued. Corporation has to apply afresh and obtain authorization for solid waste management detailing all individual solid waste management facilities and after obtaining consents to every centralized facilities(Treatment of Bio degradable as well as leachate and non-biodegradable fractions of solid wastes). Specific intimation in this regard is already issued to Secretary, Corporation from concerned section of the Board.
Now they have also submitted application for Integrated Consent to operate the existing treatment facility which is under processing.
4. It is respectfully submitted that the Hon'ble Tribunal also directed to report the actions proposed on other local bodies that are disposing its biodegradable fraction of solid waste to Brahmapuram Page 20 of 28 dump yard. As a preliminary step details of actions initiated against Municipalities are as follows, a. Aluva Municipality The municipality is having 7.18 sqkm with a population of 22428 and the total no of households are 5372. Total bio degradable wastes generated are 8T/day. The biological wastes are disposed in the Brahmapuram. They have not submitted any application and not obtained the Board's authorization.Show Cause Notice was issued to the municipality videPCB/HO/SEE2/Aluva Municipality/2019dated 17.02.2021. Reply was received on 10.03.2021. The matter is being followed up. Direction was issued to the municipality to apply for authorization (Letter No. PCB/EKM/DO-1/GEN-14/11 dated 28.04.2021).
b. Angamaly Municipality The municipality is having 28.24 sqkm with a population of 33465 and the total no of households are 12321. Total bio degradable wastes generated are10 T/day. The biological wastes are disposed in the Brahmapuram. They have not obtained the Board's authorization. Direction was issued to the municipality to apply for authorization (Letter No. PCB/EKM/DO-1/GEN-14/11 dated 28.04.2021).
c. Kalamassery Municipality The municipality is having area of 27 sqkm with a population of 70776 and total no of households are 30,000. The municipality is collecting bio degradable wastes about 17.25T which is disposed in Brahmapuram solid waste processing plant of Kochi Corporation. The non-biodegradable wastes 1-2 tons/day.
Notice was issued to the municipality videPCB/HO/SEE2/SLMC Kalamassery/2019 dated 04.12.2019. Reply was received on 26/12/2019. The matter is being followed up.They have not obtained the Board's authorization. Direction was issued to the municipality to apply for authorization (Letter No. PCB/EKM/DO-1/GEN-14/11 dated 28.04.2021). The Boardis receiving many complaints on dumping and open burning of solid Page 21 of 28 wastes (non-bio degradable) in different places in the Municipal area. Directions were issued to the municipality in this regard.
d. Thrippunithura Municipality The Thrippunithura Municipality comprises of 49 wards with apopulation of 92522 and the total no of households are 25690. The total quantity of waste generated is about 28.5 tonnes. The biological waste collected per day is 4 tonnes/day. The municipality has no facility for treating biodegradable wastes. The municipality is disposing their biodegradable waste at Brahmapuram waste processing plant. The municipality has one MCF and disposing the plastic waste through M/s Eco green. The Board has given direction to the unit for submitting the application for authorization. The municipality has not submitted application for authorization till date. TheBoard had issued notice vide PCB/HO/RULES/ SWM-ERNAKULAM/ 2018dated 08.02.2021 for levying the environmental compensation on noncompliance of solid waste management rules, 2016. But reply was not received till date. The matter is being followed up. Incidents are also noted on the illegal dumping of the solid wastes in the municipal premises and directions are being given to the Secretary in this regard. This office has issued letter on the illegal dumping of solid waste on 04.05.2021. The municipality is not having adequate facilities for the disposal of non-bio degradable solid wastes.
e. Thrikkakkara Municipality The Municipality is having an area of 28.16 sqkm area with a population of 77319. The total waste generated is about 23.19Tons/day. The total no of households are 43,280. The municipality is disposing their biological waste at Brahmapuram solid waste plant. The Board had issued Show Cause Notice vide PCB/HO/SEE2/ThrikkakaraMunicipality/2019 dated 18.02.2021 for levying the environmental compensation on noncompliance of solid waste management rules, 2016. But reply was not received till date. The matter is being followed up. The Board had given directions to the municipality to submit application for Page 22 of 28 authorization (Letter No. PCB/EKM/DO-1/GEN-14/11 dated 28.04.2021).
There are three panchayaths also transferring biodegradable fraction of waste at present. They are Vadavucode-Puthencruz, Cheranalloor and Kumbalangi. Though certain decentralized facilities and household waste management practices are there in three Panchayaths which are associated to Corporation for the disposal of biodegradable fraction of waste. Data collected by the Board showed that two Panchayaths, Cheranalloor and Vadavucode Puthencruz had utilized Brahmapuram plant during 2019 and continuing disposal. Kumbalangi Panchayath started transferring of waste from 2020 onwards. Details of Solid Waste Management facility at present provided by the Urban Local Bodies in Ernakulam District is attached as Annexure.
Frequent meetings have been conducted at Government level by the Chief Secretary, concerned Secretaries and Corporation Officials. The last meeting was conducted on 28.07.2021 and appropriate time bound action plan have been stipulated at Government level for resolving the issue. A time bound action plan is prepared for solving the current issues.
Dated this the 29th day of July 2021"
7. The 14th respondent in O.A. No.77 of 2021 (SZ) has filed a statement which reads as follows:-
"Statement filed by the 14th respondent Cheranelloor Gram Panchayat in the above Original Application as directed by the Hon'ble Tribunal on 21.06.2021.
1. I am the Secretary of the Cheranelloore Grama Panchayat who is the 14th respondent in the above Application No.77/2021 and the authorized person to file statement. I know the facts of the case. The above statement is filed as directed but he Hon'ble Tribunal on 21- 6-2021.Page 23 of 28
2. It is submitted that the Cheranelloor Grama Panchayath has introduced a system in its local limits for the collection of dry and wet bio degradable waste from the houses, shops and commercial establishments and public markets. The above dry and wet bio degradable waste is being segregated at source and collected from door to door and transported to the Brahmapuram plant operated by the Kochi Corporation. The above waste is segregated at source and after door to door collection, used to transport to the Brahmapuram plant by a container fitted vehicle safely. So there is no waste dumping yard in the Chernaelloor Grama Panchayat. The Cheranelloor Grama panchayat is not sending any other type waste to the Brahmapuram plant. The Vehicle which brought the waste to the Brahmapuram plant is allowed to enter the plant only after strict inspection by the employees of the Kochi Corporation and ensuring that only dry and wet bio degradable waste is brought to the plant. For the dumping of the said waste from the local limits of the Chernalelloore Gama Panchayat, the Kochi Corporation is collecting monthly fees from the Cheranelloor Garma Panchayat. The above system of collection of waste and dumping at Brahmapuram plant is working at Chernaelloor Grama Panchayat smoothly without any complaints.
3. With respect to the processing of non bio degradable waste from the houses, shops and commercial establishment and public markets, the Cheranelloore Grama Panchayat is at the stage of entering into agreement with outside agencies for the proper processing of non bio degradable waste. The Panchayat expects that it will be able to collect and process the non bio de gradable waste from the houses, shops and commercial establishment and public markets within its limits with the participation of the outside agency can be started within three months.
Hence, by accepting the above contentions, the above Original Application is to be disposed.
All the facts stated above are true. Dated this the 1st day of July, 2021. "Page 24 of 28
8. We have also received report from the Chairman, Kerala State Level Monitoring Committee dated 28.07.2021 which exposes the pathetic condition of implementation of the Solid Waste Management Rules, 2016 in Ernakulam District, especially in Kochi Corporation. The photographs produced along with the report filed will go to show that no bio mining work has been started and there is no improvement as far as Brahmapuram dump yard is concerned. Further, they have not even obtained necessary authorization from the State Pollution Control Board since 2016 for carrying on their activities of waste disposal facility as required under the Solid Waste Management Rules, 2016.
9. The learned counsel appearing for the Kerala State Pollution Control Board submitted that though Kochi Corporation has filed an application for authorization, they cannot process the same, since they have not complied with the directions issued.
10. However, the learned counsel appearing for the Kochi Corporation submitted that they will come with a proper report, if some time is granted, as they have already initiated some steps and they will be able to show the result of the same on the next hearing date.
11. The learned counsel appearing for the 8th respondent in O.A. No.77 of 2021 submitted that they are trying to submit a report, but due to some technical difficulty, they are not able to upload the same.
Page 25 of 2812. So, the respondents are directed to submit their respective reports regarding the implementation of the Solid Waste Management Rules, 2016 within their area of operation, as there are certain observations made by the Chairman, State Level Monitoring Committee in respect of the 8th respondent and the Kerala State Pollution Control Board also made some observation regarding non-implementation of the Solid Waste Management Rules, 2016 and that they are not properly maintaining and operating the Sewage Treatment Plant and other treatment plants within their area of operation which are also causing pollution and in fact, it affects the water quality in Periyar and Kadambrayar rivers.
13. Further, the Kerala State Level Monitoring Committee, Kerala State Pollution Control Board and the stakeholders, Corporation, Municipalities and Panchayats are directed to file their respective further status report regarding the implementation of the Solid Waste Management Rules, 2016 in view of the gap pointed out by the Kerala State Pollution Control Board regarding the implementation in each area.
14. The concerned District Collector as well as the Chief Secretary, State of Kerala and Principal Secretary for Environment are also directed to take personal interest in these issues, as these matters are pending consideration before this Tribunal since 2013 and even prior to that pending before the Hon'ble High Court of Kerala since 2012 and quite unfortunately, there is no substantial improvement made and not even Page 26 of 28 improvement made from the stage it was started till today. So, it is a matter where the Government also will have to show commitment and take immediate steps to resolve these aspects in order to achieve the policy of State of Kerala "മാലിന്യ മുക്ത കകരളം" (Malinya Mukta Keralam) as reality. Even if there is any objection from the public in this regard, it is for the authorities to convince them that they will carry out the project without any inconvenience to them as experienced by the people when the existing waste treatment plants or other waste treatment facilities are established, which were not properly monitored and handled, resulting in nuisance. It is for the authorities to convince them and rise to the expectation and see that the waste management facilities provided are managed and operated in a scientific manner as contemplated under Solid Waste Management Rules, 2016, so that people will be appreciating the initiative taken by authorities and the interest shown by the authorities in protecting the environment. The Government is the trustee for protecting 'Environment' and they should take all earnest attempt to provide clean environment to the people, as there is a constitutional obligation to protect environment as enshrined under Article 48 A of the Constitution of India and providing clean environment to the citizen is a part of Right to Life as contemplated under Article 21 of the Constitution of India.
15. With these in mind, respective stakeholders are directed to look into the issue seriously and act promptly and come with a report to this Tribunal Page 27 of 28 showing the implementation of the Solid Waste Management Rules, 2016 in their respective area.
16. The above said authorities are directed to submit their respective reports to this Tribunal on or before 27.09.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
17. The Registry is directed to communicate this order to the official respondents, District Collector, Ernakulam, Kerala State Pollution Control Board, Chairman, Kerala State Level Monitoring Committee, Kochi Corporation and also to the concerned Municipalities and Panchayats, apart from communicating this order to the Chief Secretary, State of Kerala and Principal Secretary for Environment, Local Administration by e-mail immediately for their information and also for giving necessary directions to the subordinate officials to comply with the direction issued by this Tribunal without fail.
18. For consideration of further reports, post on 27.09.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) O. A. Nos. 442/2013, 20/2017, 276/2017 & 77/2021, 30th July, 2021. Mn.
Sd/-
...............................E.M. (Dr. K. Satyagopal) Page 28 of 28