National Green Tribunal
K. Nagappa Son Of Koneetappa vs Union Of India Rep By Its Secretary on 10 January, 2024
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.2:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 162 of 2016 (SZ)
IN THE MATTER OF:
K. Nagappa
S/o. Koneetappa,
3/84, Dasarapalli Dinna,
Hosur Taluk, Krishnagiri District.
... Applicant(s)
Versus
Union of India,
Rep. by its Secretary,
The Ministry of Environment and Forests,
New Delhi & Ors.
...Respondent(s)
Date of hearing: 10.01.2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R3, R4, R6 & R7.
Mr. S. Sai Sathya Jith for R5.
Ms. Anisha Rani represented
Mr. T. Balaji for R8.
Page 1 of 6
ORDER
1. In compliance with the order dated 18.02.2022, the 8th Respondent viz., Hosur City Municipal Corporation has filed its report through the Commissioner dated 05.01.2024, which is extracted for easier reference:-
"4. As per the Solid Waste Management Rules, 2000 and 2016, the following solid waste management activities are being taken up.
a. Hosur City Municipal Corporation has prepared a solid waste management plan as per state policy and strategy on solid waste management and submitted a copy to the State Government.
b. Hosur City Municipal Corporation has made an arrangement for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises through a private service provider, with the condition to employ 587 workers, 29 supervisors, 69 drivers using machineries like 163 Battery Operated Vehicles (BOVS), 54 Light Commercial Vehicles (LCVs), 4 Heavy Commercial Vehicles (HCVS) as per the agreement made between Hosur City Municipal Corporation and private service provider. Solid waste collection plan was made in such a way that door to door collection from households is done through BoVs, solid waste from commercial establishments through LCVs and HCVS at the entry gate of residential complexes/commercial complexes.
c. In addition to the above outsourced workers, 127 permanent workers of Hosur City Municipal Corporation are also engaged in solid waste management activities including maintenance of MCC windrow, OCC, BMP wet waste Processing centres, Resource recovery centre, Bus stand cleaning, Market cleaning, Bushes cleaning, Road earth cleaning, Drain cleaning etc. d. Further, Hosur City Municipal Corporation brings awareness to the public about source segregation and responsible waste management, through the outsourced service of 1 Swachh Bharat Mission (SBM) coordinator, 4 SBM supervisors, 23 SBM Animators. They create awareness among all households including slums and informal settlements, commercial, institutional and other non residential premises, and also in public spaces such as schools, colleges, marketplaces, bus stands etc. e. Hosur City Municipal Corporation provides training on solid waste management to waste-pickers and waste collectors and conducts awareness programmes on solid waste management to the students (school/colleges), Public, street vendors etc. through the animators.Page 2 of 6
f. Hosur City Municipal corporation established a Solid waste management support cell to monitor the performance of the private service provider and ensure that the solid waste management activities took place as per solid waste management Rules 2000 and 2016 through 13 surveyors and two data analysts.
5. In order to promote source segregation and effective door to door collection, Hosur City Municipal Corporation has purchased 40 LCVs worth about Rs 298 lakh using 15th Central Finance Commission grant, many of which will be handed over to the private service provider to enhance solid waste management activities in the city. Also, the Corporation is in the process of procurement of 61 BOVS at a cost of about Rs 120.42 lakh for the same purpose of solid waste collection from doorsteps.
6. These operations of source segregation, collection at the doorstep, road sweeping, are being carried out by the private service provider to whom the work is outsourced. Their performance is followed up on a daily basis with reports on attendance, weighment of waste collected, etc., in addition to regular weekly meetings to attend to any coordination issues.
7. Hosur City Municipal Corporation has prescribed a user fee from the users for sustainability of solid waste management and got approval in its council, via resolution subject no. 133 on 31.01.2017, and the same was published in district gazette notification in March 2017 duly following the procedures and implemented in its area and the user fee is being collected.
8. Hosur City Municipal Corporation requires all residents of the city to segregate the waste at source as prescribed under rules and hand over the segregated waste to authorised the waste pickers or waste collectors. If found defaulting on this, the Corporation is levying penalty on defaulters continuously based on the Solid Waste Management Bylaw of Hosur City Municipal Corporation which was framed on the basis of solid waste management Rules 2016. As on date Hosur City Municipal Corporation levied a penalty of Rs.7,03,900.00 on those who litter on the street/ water bodies/ storm water drains/water bodies. This is done alongside continuous awareness programs.
9. For non-biodegradable waste, Hosur City Municipal Corporation has set up material recovery facilities in 8 locations within the city. They have sufficient space for sorting of recyclable materials and enabling the informal/ authorised waste pickers and waste collectors to separate recyclables from the waste. The recyclable waste collected at the resource recovery centre is being sent to recyclers on a weekly or monthly basis.
10. These centres are also hubs where domestic hazardous waste is deposited. For safe disposal, these wastes are being handled through disinfection, land farming, and incineration methods. Also, Page 3 of 6 at these centres, it is ensured that the waste is provided safe storage and transportation to the hazardous waste disposal facility.
11. All biodegradable waste, including domestic kitchen waste and garden waste, is deposited by the BOVS, LCVs, to the Micro composting centres (MCC). These are submitted in 11 different MCCs across the city, where it is scientifically treated to produce manure, through the aerobic, windrow composting, methodology. Each centre has a processing capacity of 5 tons/day.
12. In addition to the above, Hosur City Municipal Corporation collects waste from vegetable, fruit, market on day to day basis and transports to the closest decentralised micro composting centres (MCCs), where it is being processed and converted to manure, ensuring hygienic conditions. The manure which is generated at MCC s is being distributed to the general public, farmers at free of cost regularly.
13. Hosur City Municipal Corporation collects waste from meat, poultry and fish markets/sellers daily, which is being transported to the meat rendering plant established at Dasepalli village, to convert the waste into poultry meal. It has a processing capacity of 5 tons/ day, and serves the needs of the Corporation area.
14. Further, Hosur City Municipal Corporation has established onsite composting at 14 of its public parks.
15. Regarding Construction and Demolition waste, Hosur City Municipal Corporation has a bylaw and has fixed user charges for transport construction and demolition waste as per the provisions of the Construction and Demolition Waste management Rules, 2016. On the defaulters of these rules and bylaws, penalty is levied. As on date, Hosur City Municipal Corporation has a penalty of Rs.4,07,550.00 on those who dump the Construction and Demolition Waste in the streets/roads/public places. Alongside these enforcement measures, the Corporation is continuously engaged in conducting public awareness.
16. Hosur City Municipal Corporation encourages the involvement of communities in waste management and promotion of home composting, by conducting awareness workers/sanitary supervisors/sanitary inspectors/NGOs. As on date, onsite composting programmes through the SBM animators/sanitary is taking place in 302 houses/apartments.
17. Further, Hosur City Municipal Corporation encourages the use of natural fertilizer in its jurisdiction instead of chemical fertilizer by providing the manure produced in its micro composting centres to the general public and the farmers at free of cost.
18. Furthermore, to prevent the use of banned single use plastic in its limits, Hosur Corporation conducts regular inspections Page 4 of 6 and also conducts joint inspection and awareness programs along with the officers of the Tamil Nadu Pollution Control Board, Hosur. A total of Rs.23,17,200 has been levied by the Corporation on defaulters for wrongfully storing, using and selling single use plastic.
19. Hosur City Municipal Corporation has established a Biomethanisation cum bio CNG plant at SF.No.45/3, which is currently under maintenance due to some operational issues. It will be put into use effectively, at the earliest.
20. Hosur City Municipal Corporation has allocated about Rs.22 crore for capital investments as well as operation and maintenance of solid waste management services in the annual budget and ensures that funds for discretionary functions of the local body have been allocated only after meeting the requirement of necessary funds for solid waste management and other obligatory functions of the local body as per these rules. Besides this, under scheme funds, several more works, including construction of MCCs, MRFs, procurement of vehicles, are undertaken.
21. Hosur City Municipal Corporation has obtained authorisation from the State Pollution Control Board for its 11 operational micro composting centres within the city limits and 1 compost yard in Dasepalli village.
22. Hosur City Municipal Corporation procures safety equipment for the permanent workers and has instructed the private service provider to provide personal protection equipment (PPE) to their workers. Further, the Corporation educates the workers to wear personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate footwear and masks while handling solid waste.
23. Hosur City Municipal Corporation ensures that provisions for setting up of centers for collection, segregation and storage of segregated wastes, are incorporated in building plan while granting approval of building plan of group of residences/ commercial complex.
24. Regarding the legacy waste in Hosur Corporation, in Dasepalli, the accumulated legacy waste was measured and checked by Anna University on 27.11.2017. Then Bio-mining work was carried out. The quantity measured by Anna University has been accounted for and DPR was prepared and sent to the DMA office for Administrative Sanction. The fund for this project was sanctioned by DMA under Swachh Bharat Mission 2017-18 for a project cost of Rs.665.00 lakhs. The work was tendered to Esarams Bio-Tech. The compost yard legacy waste quantity of 102968 cu.m. were fully processed and Bio-medical materials are disposed from the site by giving the manure to farmers, non-saleable plastic to cement factories, inert material to landfills.Page 5 of 6
25. The additional quantity of legacy waste remaining in the composed yard as per the measurement of Anna University is 5936 MT. To process this legacy waste a DPR has been prepared for a project cost of Rs.51.00 Lakh and Administrative Sanction has been accorded from DMA under Swachh Bharat Mission 2.O 2022-2023 Scheme. The Work was tendered to Ourland Engineering Works Pvt. Ltd. The legacy waste processing work is ongoing and will be completed by the end of this calendar year.
26. Therefore, in conclusion, it can be stated that the Hosur City Municipal Corporation takes the enforcement of the Solid Waste Management Rules 2000 and 2016 with utmost seriousness. Further, every endeavour is being made to follow the Rules scrupulously."
2. In the meanwhile, the Tamil Nadu Pollution Control Board has also filed its report dated 20.10.2023, wherein it is stated that they have levied an interim environmental compensation of Rs.84 Lakhs for a period from 01.04.2020 to 30.09.2023 for not complying with the provisions of the Solid Waste Management Rules, 2016 and also for not completing the bio-mining process.
3. As the levy seems to be for the same period during which they have cleared the legacy waste, let the Tamil Nadu Pollution Control Board visit the site once again and file a report in detail as to the current status.
4. Post the matter on 26.02.2024.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.162/2016 (SZ) 10th January 2024. Mn.
Page 6 of 6