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[Cites 1, Cited by 1]

National Green Tribunal

Meenavargal Membattu Sangam vs The Chief Secretary Government Of Tamil ... on 11 June, 2020

Author: K. Ramakrishnan

Bench: K. Ramakrishnan

Item Nos.7 to 11


               BEFORE THE NATIONAL GREEN TRIBUNAL

                        SOUTHERN ZONE, CHENNAI

               Original Application No. 19 of 2013 (SZ) (THC)

                           & M.A.No. 173/2015 (SZ)

                   (W.P. No. 6922/2011, Madras High Court)

IN THE MATTER OF:

Meenavargal Membattu Sangam                               ... Applicant(s)

                                       vs

The Chief Secretary,

Government of Tamil Nadu,

Chennai and Others.                                       ...Respondent(s)

                    Original Application No. 248/2016 (SZ)

Meenava Thanthai

K.R. Selvaraj Kumar,

Meenavar Nala Sangam.                                     .. Applicant(s)

                                       vs

The State of Tamil Nadu,

Rep.by its Secretary to Government,

Chennai and Others
                                       ...Respondent(s)

                           Appeal No. 51/2017 (SZ)

M/s. Manali Petrochemicals Limited                 ... Appellant(s)

                                       vs

The Central Pollution Control Board,

Ministry of Environment, Forest and Climate Change,

Government of India,

New Delhi and Others                                ... Respondent(s)

                                        1
                            Appeal No.52 of 2017 (SZ)

M/s. Manali Petrochemicals Limited                 ... Appellant(s)

                                         vs

The Central Pollution Control Board,

Ministry of Environment, Forest and Climate Change

Government of India

New Delhi and Others.                              ... Respondent(s)

                    Original Application No. 224 of 2016 (SZ)

Meenava Thanthai

K.R. Selvaraj Kumar.                                     .. Applicant(s)

                                         vs

The Chief Secretary,

Government of Tamil Nadu,

Secretariat, Chennai and Others.                         ... Respondent(s)

Date of hearing: 11.6.2020

CORAM:

      HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

      HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER



               Original Application No. 19 of 2013 (SZ) (THC)

                           & M.A.No. 173/2015 (SZ)

For Applicant(s):                None.



For Respondent(s):              Mr. M. Mani Gopi for R1 to R3.

                                M/s. Abdul Saleem & S. Saravanan for R4.

                     Original Application No. 248/2016 (SZ)

For Applicant(s):                Mr. Stanley Hebzon Singh


                                         2
 For Respondent(s):             Mr. M. Mani Gopi for R1 to R3 & R5.

                               M/s. Abdul Saleem &

                               S. Saravanan for R4 & R6

                     Appeal No. 51/2017 and 52/2017 (SZ)

For Appellant(s):              Mrs. AL. Gandhimathi

For Respondent(s):            Mr. D.S. Ekambaram &

                              Mrs. Jayalakshmi for R1 & R2

                              Mr.Abdul Saleem & S. Saravanan for R3

                                Mr. S. Saravanan for R4.

                               Mr. Stanley Hebzon Singh for R5

                               O.A.No.224 of 2016

For applicant                  .. Mr. Stanley Hebzon Singh

For respondents                .. Mr. Mani Gopi for R2 to R4 & R6

                                 Mr. Abdul Saleem &

                                 Mr. S. Saravanan for R5 & R7



                                     ORDER

In the order dated 8.2.2020, we have considered the previous orders and passed the following order:

"Before disposing the matter, we feel it appropriate to appoint a Joint Committee comprising of Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB), a senior scientist from National Institute of Ocean Technology (NIOT) and senior scientist dealing with environment engineering (Chemical) from Anna University to inspect the units in question and find out the present status of the functioning of the units namely M/s. Manali Petrochemical Limited and M/s. Tamil 3 Nadu Petrochemical Limited and ascertain as to whether they are maintaining and managing all pollution control mechanism and whether the discharge of effluent from these industries to sea confirms with the specified norms prescribed by the PCB and the impact of effluents in the sea water and if there is any deficiency found and the sea water quality has not improved, then suggest the remedial measures by which the quality of sea water can be improved and who has to carry out these remedial measures and also assess the environmental compensation against the defaulting units who are responsible for polluting sea water by applying "Polluters Pay" principle and submit a report to this Tribunal within a period of three months.
The remedial measure should contain the short term as well as long term measures to be adopted by the units. They may also consider as to whether the units have complied with the recommendations made by the earlier committee for improvement of the quality of the sea water and if so to what extent that has been complied with and the impact of that compliance in the quality of sea water and if it is not sufficient to suggest more recommendations as a remedial measures to remedy the situation and make the quality of the sea water in conformity with the norms and the time required for completing the remedial measures.
They may also conduct a detailed study regarding the effect of contamination caused on the flora and fauna of the aquatic and marine life.
4
Any one of the representative of the petitioner association is permitted to participate in the inspection along with the committee and the committee can consider his suggestion and make necessary observation regarding the same also in the report.
Central Pollution Control Board (CPCB) will be nodal agency for co-
ordinating and for providing necessary logistics for this purpose"

and posted the case to 19.5.2020 for consideration of report. Tamil Nadu State Pollution Control Board was also directed to file their report regarding further action if any taken against these units and if there was any subsequent violations found then what was the result. On 19.5.2020, it was adjourned to today by notification. We have received the report submitted by the committee through e-mail.

2. When the matter was taken up today through Video Conference, learned counsel Mr. Stanley Hebzon Singh represented applicants in O.A.Nos.248 of 2016 and 224 of 2016 and fifth respondent in Appeal Nos.51 and 52 of 2017, learned counsel Mr. Abdul Saleem, through Mr. S. Saravanan represented fourth respondent in O.A.No.19 of 2013 and respondents 4 and 6 in O.A.No.248 of 2016, third respondent in Appeal Nos.51 and 52 of 2017 and respondents 5 and 7 in O.A.No.224 of 2016, learned Government Advocate Mr. Mani Gopi represented respondents 1 to 3 in O.A.19 of 2013, respondents 1 to 3 and 5 in O.A.248 of 2016 and respondents 2 to 4 and 6 in O.A.No.224 of 2016, Mrs. AL. Gandhimathi represented appellant in Appeal Nos.51 and 52 of 2017, Mr. D.S. Ekambaram through Mrs. Jayalakshmi represented 5 respondents 1 and 2 in Appeal Nos.51 and 52 of 2017 and Mr. Vijaya Mehanath represented fourth respondent in Appeal Nos.51 and 52 of 2017.

3. Learned counsel appearing for Central Pollution Control Board submitted that they have filed an interim report. We have received the interim report through e-mail dated 18.5.2020 which reads as follows:

Interim Status Report of the Joint Committee (as per Hon'ble Tribunal, Southern Zone, Chennai order dated 08.02.2020 in OA nos. 19/2013, 224/2016, 248/2016 and Appeal nos.

51/2017 & 52/2017)

1. Background:

The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA nos. 19/2013, 224/2016, 248/2016 and appeal nos. 51/2017 & 52/2017 directed on 08.02.2020 as;
"..... we feel it appropriate to appoint a joint committee comprising of Central Pollution Control Board, State Pollution Control Board, a senior scientist from National Institute of Ocean Technology (NIOT) and senior scientist dealing with environment engineering (Chemical) from Anna University to inspect the units in question and find out the present status of the functioning of the units namely M/s. Manali Petrochemical Limited and M/s. Tamilnadu Petrochemical limited and ascertain as to whether they are maintaining and managing all pollution control mechanism and whether the discharge of effluent from these industries to sea confirms with the specified norms prescribed by the PCB and the impact of effluents in the sea water and if there is any deficiency found and the sea water quality has not improved, then suggest the remedial measures by which the quality of sea water can be improved and who has to carry out these remedial measures and also assess the environmental compensation against the defaulting units who are responsible for polluting sea water by applying "Polluters Pay" principle and submit a report to this Tribunal within a period of three months.
6
The remedial measure should contain the short term as well as long term measures to be adopted by the units. They may also consider as to whether the units have complied with the recommendations made by the earlier committee for improvement of the quality of the sea water and if so to what extent that has been complied with and the impact of that compliance in the quality of sea water and if it is not sufficient to suggest more recommendations as a remedial measures to remedy the situation and make the quality of the sea water in conformity with the norms and the time required for completing the remedial measures. They may also conduct a detailed study regarding the effect of contamination caused on the flora and fauna of the aquatic and marine life".

2. About Committee:

In accordance to Hon‟ble tribunal direction, CPCB, RD(S), Bengaluru communicated the order and requested for nomination from respective departments vide letter no. Tech/39/NGT(SZ)/RDS/2019-20 dated 13.02.2020. Consequent upon the nominations received from respective department and monitoring was planned during March 04 to 06, 2020 with concurrence of committee members. The committee constituted with following members:
1. Dr. VijayaRavichandran, Scientist‟G‟, NIOT, Chennai
2. Sh. M. Malaiyandi, JCEE, TNPCB, Arumbakkam, Chennai
3. Dr. V.T. Perarasu, Associate Professor, Dept. of Chemical Engg., AU, Chennai
4. Sh. R. Rajkumar, Scientist „D‟, CPCB, RD (S), Bengaluru
5. Sh. A. Gnanavelu, Scientist „C‟, CPCB, RD (S), Bengaluru

3. Scope of the committee as per order:

i) To inspect the units in question and find out the present status of the functioning of the units and ascertain as to whether they are maintaining and managing all pollution control mechanism and whether the discharge of effluent from these industries to sea confirms with the specified norms prescribed by the PCB.
7
ii) To assess the impact of effluents discharged in the sea water and if there is any deficiency found and the sea water quality has not improved, then suggest the remedial measures by which the quality of sea water can be improved and who has to carry out these remedial measures. The remedial measure should contain the short term as well as long term measures to be adopted by the units.Also to conduct a detailed study regarding the effect of contamination caused on the flora and fauna of the aquatic and marine life.
iii) To assess the environmental compensation against the defaulting units who are responsible for polluting sea water by applying "Polluters Pay" principle.
iv) To consider, whether the units have complied with the recommendations made by the earlier committee for improvement of the quality of the sea water and if it is not sufficient to suggest more recommendations as a remedial measures to remedy the situation

4. Committee Meeting&Field Visit:

A preliminary meeting was held on04.03.2020 with the committee members and discussed about the scope of committee as per order and trailed by the presentation of the following industriesabout their products, waste water generation, treatment facilities, and air pollution control devices installed:
i) M/s Manali Petrochemical Ltd., (Plant I & II)
ii) M/s Tamilnadu Petrochemical Ltd., (LAB, PO & Alkali Plant)
iii) M/s Kothari Petrochemical Ltd., After the detailed discussions, the committee has made following decisions as per infrastructure and manpower.

 To carry out visit of all industries during 4-5.03.2020 and to conduct simultaneous monitoring/sampling ofindustrialETPs, Marine (outfall of treated effluent) and Ennore creek (mouth of sea) on 06.02.2020& sources emission during this period.

 To carryout sources emission monitoring utilizing the manpower of NABL accredited lab M/s Glens, Chennai in supervision of CPCB official Sh. Sudhagarh, JSA. The materials required for monitoring 8 such as chemicals, thimbles etc. and analysis from CPCB, RD(S) Lab, Bengaluru.

 Sampling & Analysis of the samples collected from industrial treatment plants & discharge pipelines will be carried out by CPCB, RD(S) Lab,Bengaluru.

 Sampling and Analysis (biological parameter) of Marine &Ennore creek will be carried out by NIOT, Chennai  Analysis of the samples collected from marine &ennore creekforphysio-chemical parameters, heavy metals will be done through NABL accredited lab M/s Glens, Chennai  The cost for sampling and analysis carried out by NIOT, Chennai and M/s Glens, Chennai will be borne by the industries under polluter pay principal.

After meeting, committee continued with field visit/inspection and as per Hon‟ble NGT direction representative of applicant Mr.M.R.Thiyagarajan (President MeenavarNalaSangam) was present on 04.03.2020.

5. Details of Sampling& Analysis Result:

5.1 Sampling at Industries& Discharge Pipeline:
The samples were collected at inlet and outlet of treatment plants installed in the individual industries and also in pipeline carrying treated effluent of all four units leading to marine outfall. Total 11 nos. of samples were collected.



                                 TPL
                                                   Sampling point
                              Sampling                10 & 11
                             point 7 & 8
                                                              11




 MPL I
                                                 10




 Sampling
                                                                              Marine
 point 1 & 2
                                                                              disposal




  MPL II
                                           999




  Sampling
  point 3 & 4
                                             9



  KPL
                                       Sampling point 9




5.2 Source Emission Sampling:
The details of the source emission monitoring carried out at seven stacks during committee inspection are given below:
      Name of              Monitoring            Fuel Used       Parameters
      Industries           Locations                             Monitored
M/s MPL (Plant - I)   18 TPH Boiler              LNG         PM, SO2, NOx
M/s MPL (Plant - 10, 10 & 21 TPH HO                          PM, SO2, NOx
II)                   Boilers
M/s KPL               12 TPH Boiler              Rice Husk   PM, SO2, NOx
M/s TPL (LAB)         8 TPH Boiler               LNG         PM, SO2, NOx
M/s TPL (PO Plant)    12 TPH Boiler              LNG         PM, SO2, NOx
M/s TPL (HCD)         5 TPH Boiler               LNG         PM, SO2, NOx
                      HCL Plant Scrubber         Process     Acid Mist & Vapour
                                                 Stack
5.3 Sampling at Marine &Ennore Creek:
Sea samples were collected by NIOT team along with committee during industries sampling, covering 1 km wide and 2 km long stretch along the Ennore coast to include the near field and far field area of outfall. Sampling locations were located at 500 m and 1000 m distances along three transects to the north, south and east of outfall. Samples were collected at surface and mid depth covering both low tide and high tide. Additionally samples were collected at the mouth of ennore creek, to know any pollution impact on sea through this creek. Total 48 nos. of samples were collected and also 14 nos. of sediment samples were collected from the bottom of sea to know the impact due to discharge.
5.4 Analysis results:
10
Due to COVID 19 lock down analysis report from the laboratories of M/s Glens, Chennai and NIOT yet to receive.

6. Compliance of Recommendation submitted by Previous Committees/Reports:

6.1 Recommendation of the two member expert committee was constituted with Dr.Palanivelu, Anna University, Chennai and Dr. N. Vedharaman, CLRI, Chennai as per order dated 22.7.2014 in O.A. No. 19 of 2013 6.1.1 Specific Recommendations for environment safety i The units shall have leak detection Complied system and necessary arrangements for immediate repair of pipeline to avoid soil and ground water contamination.

ii Sea water samples to be collected Partially Complied.

around mixing point, away from point of mixing and at different depth once in Study was carried out only once six months by TNPCB / MoEF /reputed through NIOT during August third party in the presence of TNPCB 2015.

officials and analysed for constituents. Then the unit approached NIOT Appropriate marine studies to be made during December 2016, but NIOT including disappearance of marine has not carried out the study due species, if any in that zone. This to other commitments.

        continuous    monitoring     will      provide Thereafter        the   unit   trying   to
        pollution status of this zone.                     findout/engage other organisation
                                                           to   carry    out   Marian    impact
                                                           assessment study.


iii     Toxicity studies to be conducted for the Complied.

combined effluent before discharge into Study was conducted through M/s sea once in six months SGS during November 2016. iv The MPL Units in their process are not Complied using any toxic metals. However TNPCB 11 may ensure this by analysing for presence of heavy metals. In the treated effluent of units.

6.1.2 General Recommendations for environment safety i As the Metro water pipeline and treated It was informed that:

effluent pipe line runs closely in some The respective lines have been laid locations, accidental mix up both may at different levels. Further MPL led to contamination of drinking water. has used heavy thick HDPE pipes. This may lead to public health problem. MPL pipe line pressure is less if Hence it is recommended to isolate both compared with Metro water line the pipe lines to avoid problem foresee pressure. wherever necessary As stated earlier MPL‟s Team is carrying out regular inspection of the entire stretch of the pipeline.
Also, co-ordinates with agencies such as Highways, TWAD, CMWSSB etc. to ensure that the line is not affected/ tampered whenever they undertake any digging or other work near the effluent line.
ii Pipeline routes may be Complied.
marked/identified by suitable means Pipeline route marker provided in for easy identification and follow-up 75 places. iii Necessary arrangements may be made Complied.
well in advance to replace the pipe The effluent line was originally laid according to its life time to ensure and commissioned in the year environmental safety. 1990 and replaced the line in 2011.
However industry shall carry out third party verification in regard to 12 the pipeline strength and accordingly pipeline shall be replaced.
iv Open area lines (Canals) may be closed Complied with suitable materials to prevent damage.
6.1.3 Specific Recommendations:
Short Term (within three Months)
1. The present ETP established at MPL - I Complied and MPL - II seems to be ineffective in reducing the organics (COD and BOD) to the permissible levels. Efforts should be made at the earliest to improve the proper working of the ETPs or go for better efficient treatment process to achieve marine discharge standards.
2. The industry should make necessary Complied provisions for the collection of samples from the pipe line after the interconnection point of the treated effluent (downstream point after mixing zone) and near the discharge point. These three points (MPL -

I & II, TPL ECH and Kothari petro chemicals Ltd) and another one before entering sea (near Ramakrishna Nagar) may be covered and locked. One set of key may with the industry for maintenance and another set with TNPCB for sample collection from these four locations.

Monthly samples (surprise) may be collected and tested by TNPCB.

Long Term 13

1. M/s MPL I & II should make effort to do It is informed that:

away with the present chlorohydrin route As per Expert committee advice and switch to catalytic process of MPL carried out the study to manufacturing PO. As this process is a identify the suitable catalytic sustainable one and eliminates the use of process. For this small capacity hazardous chlorine gas and lime which plant catalytic process ultimately end up as waste. technology is not viable. Only available for very high capacity plant(minimum 600 TPD). New The investment for the change of process (large capacity plant) is Rs 4000 Cr and no market scope in India.
In the catalytic process pollutant load is higher than present chlorohydrin route.

2. M/s MPL I & II and other industries It is informed that:

should look in to possibilities of zero ZLD is not viable method for liquid discharge with suitable these industries, due to effluent technologies like RO to get water and characteristics (containing reject for suitable by product recovery. CaCl2), RO membrane may not This will eliminate the sea disposal of work properly and moreover treated effluent. issue will be on disposing of solid waste generation. All units adopting various methods on water conservation and also using treated sewage effluent.
M/s MPL is using RO reject from M/s MFL for the process.
Treated wastewater from M/s TPL (LAB & Alkali plant) is being utilised by PO plant.
14
Feasibility of using treated wastewater from M/s KPL shall be explored by M/s MPL 6.1.4 General Short term Recommendations (within Six Months)
1. Appropriate flow meter for liquid effluent Complied discharge that has been installed should be connected to TNPCB car-Air centre and online monitoring meters for parameters like pH, Temperature, TDS, COD,BOD etc, may be installed and this may also be connected to TNPCB at the earliest by all the units.
6.2 Summary of NIOT Report (August 2015) The results of selected parameters reveal that there is no spatial or temporal variation in the study area. The concentration of metals show lower values in the offshore location MPL 10, when compared to the other locations. The background concentrations of the study area is significantly high possibly due to the influence of Royapuram fishers harbour, Chennai Port, Royapuram outfall and several other industries discharging in this area.

From these results it can be concluded that the study area was moderately polluted, whichmay be attributed to the several sources.

The studies on biological characteristics reveal the following:

 The near shore coastal belt shows minor variation in biological characteristics  Various discharges along Ennore coast may induce synergistic effect of toxicant on the benthic population in certain station and in depth studies are warranted.
The MPL EIA report does not contain the biological data for comparison. The scope of present short term study is too limited to 15 conclude any discernible trends on the possible impact on environment 6.3 Recommendation of Joint Committee Report (CPCB & TNPCB) submitted on May 02, 2016 & September, 2016 M/s MPL (Plant I & M/s TPL M/s KPL II) i All units are Complied Partially Partially required to Complied Complied install flow meters to maintain proper records of water consumption, effluent generation from different section of process along with material balance and water balance and same to be made available to TNPCB/CPCB during inspection.
ii  Existing ETPs of Complied                NA           NA
    MPL - I & II and
    TPL           found
    inadequate,
    hence      it      is
    suggested          to
    take              up
    treatability study
    to identify the
    suitable
    treatment
    technology         to
    meet             the
    prescribed
    standards          of
    marine disposal
    system.
iii All     units      to Complied           Complied     Complied
    prepare planned MPL Plant-1 - 24                      Kothari-
    schedule           of Hours              TPL     - 24 6.30 hrs to
    pumping            of MPL Plant-2 - 24 Hours          9.30hrs
    treated effluent hours                                16.30      to

                                   16
      into       marine                                              19.30hrs,
     disposal system                                                1.30 to 4.30
     and to ensure                                                  hours
     the quality of
     effluent     before
     discharging into
     sea.
iv   All the units to       Complied              Complied          Complied
     install      water
     level indicators
     in raw effluent
     collection     tank
     as well as in
     treated effluent
     storage tanks, to
     assess           the
     quantity          of
     effluent received
     treated, recycled
     and discharged
     into       marine
     disposal system.
     Also to maintain
     proper         daily
     records /logbook
     for        effluent
     generated,
     treated         and
     quantity          of
     treated effluent
     sent to marine
     disposal system.
v    To install at least    Partially Complied.   Partially         Partially
     three                                        Complied          Complied
     intermediate flow      Flow        meters
     meters in the          installed in the      Flow meters       Flow meters
     marine disposal        industry        are   installed    in   installed    in
     pipeline     where     connected        to   the industry      the industry
     provisions       are   online expect the     are connected     are connected
     made to collect        flow        meters    to       online   to       online
     samples           to   installed in sea      expect      the   expect      the
     assess           the   discharge pipeline    flow    meters    flow    meters
     quantity          of   outside industry      installed    in   installed    in
     effluent pumped                              sea discharge     sea discharge
     from the units                               pipeline          pipeline
     and quantity of                              outside           outside
     effluent                                     industry          industry
     discharged. This
     also helps to

                                        17
        quick
       identification of
       any leaks in the
       pipeline. These
       flow meters shall
       connect           to
       TNPCB/CPCB
       monitoring
       center.
vi     All      sampling      Complied            Complied   Complied
       points are found
       access to public;
       these sampling
       locations        are
       kept in lock and
       key
       arrangements,
       one set of key as
       well    as    valve
       operating devices
       shall be made
       available         to
       TNPCB to access
       at any point of
       time in these
       points.
vii    To install online      Complied            Complied   Complied
       BOD,          COD
       analyzer in the
       marine disposal
       line and same
       shall             be
       connected         to
       TNPCB/       CPCB
       monitoring
       center
viii   The       industry     Complied            NA         NA
       shall         have
       advanced       leak    However      flow
       detection system       meters shall be
       along          with    connected to DCS
       manual                 system as well as
       verification     for   in CPCB & TNPCB
       quick                  server
       identification of
       leak            and
       arrangements for
       immediate repair
       of the same to

                                         18
      prevent the soil
     and      ground
     water
     contamination in
     the surrounding
     area.




ix   To     take     up    Partially Complied.   Partially   Partially
     detailed marine                             Complied.   Complied.
     study           by    Study was carried
     considering the       out    only   once
     actual      quality   through      NIOT
     and quantity of       during      August
     effluent              2015.
     discharged       to
     verify         the    Then    the    unit
     availability     of   approached NIOT
     dilution in the       during December
     sea     and     its   2016, but NIOT
     impact          on    has not carried out
     marine species.       the study due to
                           other
                           commitments.

                         Thereafter the unit
                         trying    to   find
                         out/engage other
                         organisation      to
                         carry out Marian
                         impact assessment
                         study
x    To install proper Complied               NA             NA
     floaters to trace
     the    pipe    line
     passing in the
     sea as well as
     the     point    of
     diffuser. Without
     any
     identification it
     is very difficult
     to locate exact
     point of diffuser
     while collecting
     samples       from
     sea       disposal

                                       19
            points         by
           TNPCB/CPCB
           and the same
           may not be true
           representative
           samples.
xi         All   units   are   Not Complied          Not Complied. Not Complied.
           required       to
           conduct toxicity    Industry        has
studies for their carried out only effluent and also heavy metal study for combined not with species effluents. The results shall be submitted to TNPCB including species used for the study.
7. Submission for extension of time:
Sl Scope of the committee as per Status No. order
i) To inspect the units in question and Samples were collected to assess find out the present status of the the performance of the pollution functioning of the units and control system installed at the ascertain as to whether they are units and confirm the discharge maintaining and managing all norms of treated effluent.

pollution control mechanism and whether the discharge of effluent Wastewater samples collected - from these industries to sea confirms 11 nos.

             with the specified norms prescribed      Source emission samples - 07
             by the PCB.                              nos.

                                                      (Shall be justified/commented

after obtaining the analysis report)

ii) To assess the impact of effluents Totally 48 samples were collected discharged in the sea water and if in marine around discharge point there is any deficiency found and the and at mouth of Ennore creek. sea water quality has not improved, then suggest the remedial measures 14 nos. of sediment samples were by which the quality of sea water can collected from the bottom of sea be improved and who has to carry out these remedial measures. The (Shall be justified/commented remedial measure should contain after obtaining the analysis report) the short term as well as long term measures to be adopted by the units.

20

Also to conduct a detailed study regarding the effect of contamination caused on the flora and fauna of the aquatic and marine life.

iii) To assess the environmental Environmental compensation shall compensation against the defaulting be assessed and imposed after units who are responsible for obtaining the analysis report (if polluting sea water by applying any violation/damage noticed) "Polluters Pay" principle.

iv) To consider, whether the units have Compliance statuses of the earlier complied with the recommendations committees are detailed in section made by the earlier committee for 6.

improvement of the quality of the sea water and if it is not sufficient to (After obtaining analysis report, suggest more recommendations as a suggestions shall be remedial measures to remedy the recommended as a remedial situation measures) Due to lockdown, the laboratories are not in a position to submit the final analysis report.

In view of the above fact, the committee requests Honourable Tribunal further two month time to submit the final report considering the present pandemic situation."

4. In the conclusion portion, the committee has sought for two more months time to file the report, as they could not collect the Analysis Report from the laboratory due to lock down declared on account of Corona infection in the State.

5. Under these circumstances, we feel it appropriate to grant two months time to the committee to submit the report along with the remediation measures if any, required on the basis of the Analysis Report and also suggest alternate methods if any, required for non compliance of certain suggestions and recommendation given for efficient management of pollution control 21 mechanism which they have mentioned in the „remarks‟ column of the compliance of recommendation in the interim report.

The committee is directed to submit the report to this Tribunal on or before 7.9.2020 by e-mail or e-filing at [email protected].

Registry is directed to communicate this order to the members of the committee immediately by e-mail so as to enable them to comply with the direction For consideration of report post on 7.9.2020 .....................................J.M. (Justice K. Ramakrishnan) ..................................E.M. (Shri. Saibal Dasgupta) O.A. No.19/2013 batch 11.6. 2020 Kkr 22 23