National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Government Of ... on 7 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.15:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 14 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item in E-magazine, BBC Dated: 21.12.2020,
"Water pollution: Will Vizag be another Eluru?". ...Applicant(s)
Versus
The Chief Secretary to
Government of Andhra Pradesh and Others.
...Respondent(s)
Date of hearing: 07.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu
For Respondent(s): Ms. Madhuri Donti Reddy for R1 to R9
ORDER
1. The above case has been suo motu registered by this Tribunal on the basis of newspaper report published in E-magazine, BBC dated 21.12.2020, under the caption "Water pollution: Will Vizag Be Another Eluru". It is 1 mentioned that the water pollution in Megjadri Gedda is causing concern in the people of Visakhapatnam and it is also mentioned that the study of Quality Council of India, Visakhapatnam shows that Visakhapatnam is one of the cities with worst water problem. It is also mentioned that water supplied by Greater Visakhapatnam Municipal Corporation (GVMC) has been reportedly proven to be contaminated in many places.
2. Learned Counsel appearing for the State respondents submitted that there is already a writ petition pending before the Hon'ble High Court of Andhra Pradesh as W.P.(PIL) No. 248 of 2020 in respect of the same issue and certain action has been taken by the authorities and wanted some time to submit the action taken on the basis of the matter pending before the Hon'ble High Court of Andhra Pradesh and submitted that there is no necessity to appoint any committee for this purpose that is how the matter is adjourned from time to time. On 24.03.2021, this Tribunal had considered the report submitted by the Pollution Control Board dated nil received on 19.02.2021 and extracted in para 3 of the order and also recorded the submission made by the Learned Counsel for the State of Andhra Pradesh that the Government of Andhra Pradesh has constituted a multi- disciplinary Committee with several institutions to conduct detailed study and they wanted to submit those reports before this Tribunal and adjourned to 18.03.2021 for consideration of further report. On 18.03.2021, it was adjourned to 31.03.2021 at the request of the 2 Learned Counsel appearing for the State Departments. Thereafter it was adjourned by notification and lastly it was adjourned today by notification dated. 26.04.2021.
3. When the matter came for hearing today, Ms. Madhuri Donti Reddy represented respondents 1 to 9.
4. We have received a report submitted by Pollution Control Board dated nil, e-filed on 19.02.2021 and received on the same date which reads as follows:
Report submitted by Andhra Pradesh Pollution Control Board in O.A No 14 of 2021 as Suo Motu based on e - magazine, BBC, 21st December 2020 on "WaterPollution: will Vizag be another Eluru".
1. Greater Visakhapatnam Municipal Corporation (GVMC) is a Local Body under the Ministry of Administration and Urban Development (MA&UD), Government of Andhra Pradesh (GoAP) with the responsibility of providing basic civic services like roads, water supply & sewerage, health & sanitation and storm water disposal for the Visakhapatnam city.
2. The main sources of water for the people of Visakhapatnam are from Meghadri Gedda Reservoir, Mudasarlova Reservoir, Raiwada Reservoir, Tatipudi reservoir and Gambhiramgedda reservoir.
3. The details of the reservoirs and water supply capacity and water Sources Map for GVMC Area is submitted below:
Name of the Reservoir Water drawl from Reservoir in MLD Raiwada Reservoir: The Raiwada 65.0 Reservoir was constructed across River Sarada in Devarapalli Village and Mandal of Visakhapatnam District. This Reservoir was designed to irrigate an ayacut of 21,344 Acres. The Project irrigates an ayacut of 15,344 Acres of 44 Villages in Devarapalli, K.Kotapadu, Chodavaram 3 Mandals of Visakhapatnam District and being supplying water to GVMC for the civic needs of Visakhapatnam.
Thatipudi Reservoir (Vizianagaram): The Thatipudi 26.05 Reservoir is located across Gosthani River Near, Thatipudi Village of Gantyada Mandal in Vizianagaram District. The Reservoir envisages stabilizing the existing ayacut of 13,861 Acres (5611.7 Hect) and providing drinking water supply to Visakhapatnam Municipal Corporation.
Meghadrigedda Reservoir: The 41.0 Meghadrigedda reservoir catchment that occupies 374 Sq.mtr falls under Visakhapatnam District and a small upper catchment comes under the jurisdiction of Vizianagaram District, Andhra Pradesh. The topography of the reservoir catchment is characterized by hills, valleys and plains.
Gambheeramgedda Reservoir: 8.18 Gambhiramgedda Reservoir Project was constructed across Gambheeram gedda at Boyapalem (V) in Anandapuram (M) Visakhapatnam District is having 640Acres of Ayacut. Water is being supplied to G.V.M.C from 1st March to 30th June of every year.
Even though Major portion of the ayacut is urbanized, still about 250 acres of Ayacut is being irrigated under 4 Nos of groynes through open-head channel system.
Mudasarlova Reservoir: The catchment area of the 1.82 Mudasarlova reservoir basin is 16.4 sq km and this catchment is located between Kailasagiri, Kambala Konda and Simhachalam hill.
Source: Visakhapatnam Chennai lndustrial Corridor Development Program - 24 x 7 Water Supply in North West area of Visakhapatnam Prepared by Greater Visakhapatnam Municipal Corporation, Government of Andhra Pradesh for the Asian Development Bank.
4. The Board officials collected the water samples from Meghadri Gedda, Mudasarlova, Raiwadar, Tatipudi and Gambhiramgedda reservoirs on
25..01.2021, 28.01.2021 & 29.01.2021. The Board has carried out the testing of quality of water in these reservoirs and following are submitted: 4
Sl. Param Thati Sri Gambhe Mudasa Meghadri Drinking Water No eters pudi Varada eram rlova gedda Specification: IS:
. Reser Naraya Reservo Reserv Reservoi r 10500: 2012 voir na ir oir Requirement Murty Raiwa da Reserv oir Accep Permis table sible Limit Limit
1. pH 7.01 7.24 7.32 7.53 7.30 6.5-8.5 NR Condu ctivity
2. (as 226 182 352 325 340 -- --
µS/cm )
3. Dissol v ed Oxyge n 7.2 7.3 6.5 7.1 6.3 -- --
Total
Dissol
v ed
Solids 500 2000
at
4. 1050C
148 120 232 212 220
mg/l mg/l
Bioche
mical
Oxyge
n
Dema
5. n
1.4 1.2 1.6 1.4 1.6 -- --
d
Chlori
6. des (as 19.5 14.6 48.9 39.1 44.0 250 1000
Cl-)
mg/l mg/l
Total
Alkali 200 600
7. n ity 100 80 152 144 148
(as mg/l mg/l
CaCO
3)
Total
Hardn 200 600
8. ess (as 104 72 124 112 120
CaCO mg/l mg/l
3)
9. Calciu 22.4 16 22.4 20.8 25.6 75 200
5
m (as mg/l mg/l
Ca2+)
Magne
sium 30 100
10. (as 11.66 7.77 16.52 14.58 13.60
Mg2+) mg/l mg/l
Nitrate
11. s (as 1.15 0.70 2.30 4.51 2.03 45 NR
NO3)
mg/l
Nitrite
s
Nitrog
12. en (as 0.01 0.01 0.03 0.17 0.07 -- --
NO2-
N)
Ammo
nical
Nitrog
13. en (as 0.10 0.07 0.04 0.38 0.05 -- --
NH3-
N)
Phosp
hates
14. (as BDL BDL BDL 0.02 0.07 -- --
PO43-
)
Sulpha
15. tes (as 4.48 4.20 20.87 18.84 16.21 200 400
SO42-
) mg/l mg/l
Fluori
16. d 0.09 0.02 0.42 0.37 0.55 1.0 1.5
es (as
F-) mg/l mg/l
Lead 0.01
17. BDL BDL BDL BDL BDL NR
(as Pb) mg/l
Iron 0.3
18. 0.017 0.030 0.009 0.005 0.006 NR
(as Fe) mg/l
Coppe 0.05 1.5
19. r 0.001 0.001 BDL BDL 0.001
m/l mg/l
(as
Cu)
6
Zinc 15
20. 0.001 0.001 BDL BDL BDL 5 mg/l
(as Zn) mg/l
Nickel 0.02
21. BDL BDL BDL BDL BDL NR
(as Ni) mg/l
Cadmi
22. um (as BDL BDL BDL BDL BDL 0.003 NR
Cd)
mg/l
Chrom
23. ium BDL BDL BDL BDL BDL 0.05 NR
(as Cr)
mg/l
Arseni
24. c (as BDL BDL BDL BDL BDL 0.01 0.05
As)
mg/l mg/l
Manga
nese 0.1 0.3
25. (as BDL BDL BDL BDL BDL
Mn) mg/l mg/l
Mercu
26. r y (as 0.001 BDL 0.001 0.001 BDL 0.001 NR
Hg)
mg/l
Fecal
Colifo
rm
(MPN/
100
27. ml)
7 NIL 7 7 9 -- --
Total
Colifo
rm
(MPN/
100
28. ml)
28 4 39 43 39 -- --
Pesticides: The Organo-chloro Pesticides viz., Alpha - BHC, Beta- BHC , Gamma - BHC , 4,4' - DDD , 4,4' - DDD, 4,4' - DDT, Aldrin, Dieldrin, Endosulfan - I, Endosulfan Sulfate, Endrin, Heptachlor, Heptachlorapoxide, Methoxychlor , Endosulfan - II, Delta - BHC & Endrin Aldehyde were not detected in all the above reservoir 29 samples.(The Detectable Limit is 0.05 µg/l ) 7 Note: - All values are expressed in mg/l except pH, Conductivity, T.Coli & F. Coli; BDL: Below Detectable Limit; NR: No relaxation.
It is submitted that various parameters are meeting the Drinking Water Specification: IS: 10500: 2012 limits except for the presence of fecal and T.coliform indicating sewage contamination. However, the GVMC supplying the water to the Visakhapatnam City only after treatment and disinfection.
5. No water polluting industries are existing in catchment area of the above reservoirs.
No municipal sewage or industrial effluents are joining into Raiwada, Thatipudi, Gambheeram and Mudasaralova reservoirs. The sewage generated in Pendurthy residential area is joining Meghadrigedda reservoir through the drain passing under Bridge (Vepagunta to Sabbvaram road) near Sathemmathalli temple. The GVMC operating water treatment plants continuously and supplying the water to the Visakhapatnam City only after treatment and disinfection.
6. In the year 2019 Dr. Rajendra Singh, Founder Jal Biradiri, has given a complaint addressed to the Hon'ble Chief Minister of AP through the Collector, Vizianagaram regarding water & air pollution from the industries located at Lakavarapukota, Vizianagaram District and pollution of Gosthani River & Megadrigedda Reservoir. A news item was published in daily news paper "The Hindu" on 02.07.2019 titled "Check industrial pollution, Dr. Rajendra Singh urges CM". The major issues raised in the press report (The Hindu dt.02.07.2019) pertainingto APPCB are:
Pollution of Mudasarlova reservoir.
Release of untreated industrial waste into water bodies including Meghadri Gedda reservoir.
Pollution to water bodies in three villages in Vizianagaram District due to dumping of highly toxic industrial waste.
7. A.P. Pollution Control Board immediately responded to all the related issues Mentioned in the representation of the Dr. Rajendra Singh, Founder Jal Biradiri and also the print & electronic media and inspected the catchment areas of Mudasarlova and Meghadri gedda reservoirs. The Board issued showcause notice to the GVMC on 30.07.2019 for non-compliance of Board directions and for disposal of sewage into the water body. The Board issued directions to the GVMC on 23.09.2019 with regard to the implementation of measures to treat the sewage to the full installed capacities of the STPs and to meet the discharge standards.
8. Dr. Rajendra Singh & Bolisetty Satyanarayana has filed a Writ Petition (PIL)No. 248/2020 before the Hon'ble High Court of A.P. with a request to issue a writ or direction more particularly one in the nature of Writ of Mandamus by remedial actions of not allowing untreated industrial effluents and toxic sewerage water being through in the nearby sea water and adjacent water bodies. A copy of the Counter affidavit filed by APPCB for W.P. 248 is herewith submitted as Annexure. 8
9. In respect of Eluru mystery disease i.e., sudden convulsion of unknown origin in people residing in Eluru, APPCB conducted water quality monitoring and Air quality monitoring in Eluru Town and carried out physico chemical analysis, Heavy metal analysis, organo chlorine pesticides and bacteriological analysis for surface water and ground water. As per analysis results, there is no contamination of physic chemical, heavy metals, organochlorine & bacteriological parameters observed. The above monitoring indicated that there is no water and air pollution. The Government of A.P. constituted a multi disciplinary committee headed by the Chief Secretary to the Government to investigate source of episode and suggest remedial measures to prevent any occurrence of such events in future. The organizations like NEERI, AIIMS and IICT conducted investigation and submitted reports to the committee. The reports submitted by various organizations are under examination by the committee.
10. APPCB and NEERI submitted analysis reports to the multi disciplinary committee. The committee was also observed that there is no industrial effluent contamination in surface water and ground water in Eluru Town.
11. The Hon'ble NGT has periodically been reviewing the compliance status of implementation of various waste management rules and other Environmental issues in the country in OA No. 606/2018, 673/2018, 519/2019, 593/2017 and issuing directions from time to time for effective implementation. The Board addressed letters to the Secretary, MA&UD department, Commissioner & Director of Municipal Administration and all district collectors on 25.08.2020 informing about compensation regime for non-compliance of waste management rules and seriousness involved in implementation of waste management rules and orders of the tribunal and requested to expedite for implementation of the same in local bodies and submit the action taken reports at the earliest.
The above report is palced before the Hon'ble Tribunal for its kind consideration to pass appropriate directions.
Joint Chief Environmental Engineer AP Pollution Control Board Zonal Office Visakhapatnam
5. They have only mentioned in the report that there are several cases pending before the Principal Bench of this Tribunal as O.A. No. 606/2018, 673/2018, 519/2019, 593/2017 and several directions are being issued and that is being complied with by the respective departments but they have not mentioned as to what is the stage of implementation of those directions and whether the industries situated near the water bodies are having all pollution control mechanism including Zero Liquid 9 Discharge (ZLD) systems and whether the water quality that is being discharged or being used by the industrial units both inlet and outlet conforms with the norms and standards provided etc. It is also noticed that very few samples have been tested and that the sediment of the reservoir especially where the major drains joint the reservoir and he sediment of the settling ponds are not analysed to ascertained the pollution loads. Further, they have also not mentioned as to whether the local bodies are complying with the directions and, if not what is the nature of action taken by them as well. They have only mentioned that as per the directions issued by the Principal Bench in the cases mentioned above, letters have been issued to the respective departments to carry out the directions issued but the same has been carried out or not has not been mentioned.
6. It is seen from the action taken report submitted by the Greater Visakhapatnam Municipal Corporation which was e-filed on 18.03.2021 received on the same day that in order to prevent pollution from reservoir, GVMC has made efforts to remove weed and notch gobi and floating materials and vegetations periodically with the assistance of moving floated boats. Regional Public Health Laboratory, Visakhapatnam has collected water samples and analysed physical, chemical and bacteriological parameters and given report. The Senior Analyst has suggested that for removal of chemical brownish colour and traces of 10 nitrite nitrogen pre-chlorination and mixing of copper sulphate in water CVMC has been directed to take steps for removal of the above weed, notch gobi etc and the same has been removed. . The water quality report was mentioned as follows:
Discussion on the water quality:
The analytical results of the water quality parameters, heavy mtals, styrene levels and Bio-assay test are presented in table. The details are as follows: pH was observed to be in the range 8.01-8.13 which was within the BIS drinking water standards of 6.5-8.5.
Total dissolved solids were found to be in the range of 276-294mb/l which was within the limits of BIS.
DO levels was found to be in the range 3.0-7.0 mg/l that shows fairly good levels of oxygen in the water sufficient for aquatic life. The BOD values were found to be less than <2 mg/l and low nutrient levels indicate less biological activity in the lake. Styrene Monomer was observed to be Below Detection limit in all samples (BDL<0.5ppb) of the reservoir.
Cyyanide was not found in the samples. E.Coli was not detected in any of the samples. COD was found to be in the range of 24-26 mg/l in the four analysed samples.
Oil and grease was below detection limit in all the samples. The NEERI has conducted the various parameters (43 nos.) required for the water quality assessment of Mehadrigedda reservoir as detailed below: Styrene concentration in water samples were observed to be below detection level in all the samples.
The DO levels indicated good aquatic activity in the reservoir water. The BOD values of <2 indicated less biological activity in the reservoir water.
Low nutrient values indicate less possibility of eutrophication in the reservoir.
The bio-assay test indicates that the water needs to be treated before it is used for drinking water purposes.
7. They have also given the conclusion which reads as follows:
Conclusion:
Based on the water quality results, it is suggested that the Mehadrigedda reservoir water can be used for drinking purpose after filtration and disinfection (either chlorine or ozone). Regarding waste water from the habitation of Pendurthi to Mehadrigedda reservoir water bodies:- The GVMC has constructed sewage water treatment plant of 2.0 MLD capacity in Pendurthi area of Rathicheruvu in Div. 71. The Sewage generated in Pendurthi residential area is drained in 11 to the natural geddda situated in between Railway tack and MGR North side bund only. But it is not entered in to the MGR storage reservoir. In order to treat the waste water, the GVMC has taken up the project of UGD network with an estimate cost of Rs. 362 crores and the physical progress of the work is at 60% and it is expected to be completed by the end of October, 2021.
At present the sewage network with UGD connections in under progress with House service connections of 15,000 nos. The collected sewage from residential network of Pendurthi will be treated in 54 MLD STP which is under construction at Narava and it will be completed by the end of October 2021. Hence the question of pollution may not arise in Mehadrigedda reservoir in future because of Pendurthi residential habitation. Status of Mudasarlova STP: GVMC has constructed STP of capacity 13 MLD at Mudasarlova which is located in the downstream of the Mudasarlova reservoir. GVMC has provided UGD facility for some of the colonies located nearby and also pumping the swage from the Hanumanthavaka for treatment. After treatment about 7.0 MLD waste is being sold to golf club adjacent to the STP and remaining treatment water joining the Mudasarlova surplus drain and finally enters into the Sea through Pedajalaripeta drain after travelling a distance of 5 km. Pedajalaripeta drain also receives rain water and effluent from septic tank from other neighbouring areas other than MVP colony which is provided with UGD facility and connected to Appughar STP. The Pedajalaripeta drain also carries storm water run-off from MVP colony area and other areas in the catchment.
8. It is seen from the conclusion portion that in order to avoid pollution to the water body, certain steps will have to be taken and those will be completed by October, 2021. Further, it is seen from the water quality that it is neither covering large area nor the disputed area in respect of which allegations have been made. It is also not known whether water from all major drains leading to the reservoir have been tested or not. They have not mentioned anything about the E Coli or total coliform in the water quality. They have also not reported about the pollution loads in the sediments. They have also mentioned about the approx extract of the estimate for carrying out the recommendations. It is seen from the report that BOD value is found to be less than 2ml/g per litre. It is also 12 mentioned that bio-assay test indicates that the water needs to be treated before it is used for drinking water purposes that shows that quality of the water is not suitable for drinking and if this water is used for drinking purposes then it will have great impact on the health of the people.
9. When this was pointed out the Learned Counsel appearing for the State of Andhra Pradesh and Pollution Control Board submitted that they will come with fresh report regarding the nature of action taken by the Visakhapatnam Municipal Corporation regarding Solid Waste Management Rules, 2016 and also the implementation of the directions given by the Principal Bench in several cases mentioned above and the action taken by the Pollution Control Board if directions of the Principal Bench are not implemented as directed by Principal Bench in those cases.
10. The Greater Visakhapatnam Municipal Corporation and Pollution Control Board are directed to come with fresh detailed report covering all the aspects detailed in para 5 to 9 and whether on account of the measures taken, the water quality in the Lake has been improved to the extent of drinking water purposes, as it appears from the reports that this water is used for drinking water purposes as well. They are directed to submit the respective report before this Tribunal on or before 28.07.2021 by e-filling 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.
13
11. The Registry is directed to communicate this order to the official respondents by e-mail immediately so as to enable them to comply with the directions disused by this Tribunal.
12. For consideration of further reports, post on 28.07.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.14/2021 (SZ), 7th June, 2021. (AM) 14