National Green Tribunal
Syed Mohamed Kalifa Sahib,S/O. Syed ... vs The District Collector on 1 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Syed Mohammad Kalifa Sahib
... Applicant(s)
Versus
The District Collector, Nagappattinam and Ors.
...Respondent(s)
Date of hearing: 01.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None appeared.
For Respondent(s): Mr. Dr. V.R. Thirunarayanan for R1.
Mr. P. Srinivas for R2.
Mr. C. Kasirajan through Ms. Ashwini for
R3.
ORDER
1. The above case has been posted today for consideration of further reports regarding the progress of implementation of Solid Waste 1 Management Rules, 2016 in Nagapattinam Municipality and this case was originally posted, as per order dated 21.01.2021, to 19.04.2021. On 19.04.2021, it was adjourned to today by notification.
2. When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Mr. Dr. V.R. Thirunarayanan represented 1st respondent, Mr. P. Srinivas represented 2nd respondent, Mr. C. Kasirajan through Ms. Ashwini represented 3rd respondent.
3. The Joint Committee has filed a report signed by the members of the Committee on 16.04.2021 which reads as follows:
Joint Inspection Report in Connection with Hon'ble National Green Tribunal (Sz), Chennai order dated 21.01.2021 in O.A. NO. 131 of 2017 filed by Thiru, Syed Mohammed Kalifa Sahib, Nagapattinam verus District Collector, Nagapattinam and Commissioner, Nagapattinam Municipality.
It is submitted that Thiru, Syed Mohammed Kalifa Sahib, Nagapattinam has filed an application in O.A. No. 131 of 2017 before the Hon'ble National Green Tribunal (Sz), Chennai against the following two respondents regarding non-compliance of Solid waste Management Rules, 2016 by Nagapattinam Municipality.
1. District Collector, Nagapattinam and
2. Municipal Commissioner, Nagapattinam Further, it is submitted that the Hon'ble NGT (SZ), Chennai in its latest order dated 21.01.2021 has directed as follows:
1. The Nagapattinam Municipality has to produce the performance guarantee amount of Rs.15 Lakhs (Rupees Fifteen Lakhs only) to Tamil Nadu Pollution Control Board within a period of one month, failing which, the Pollution Control Board is directed to take appropriate action against the municipality for non-compliance of this direction for realization of the amount as the amount will have to be 2 forfeited, if the work is not completed as undertaken by them.
2. Any extension of time sought for by them will be subject to further compensation payable as directed by the Principal Bench in O.A. No. 606 of 2018.
3. The committee as well as the Pollution Control Board are directed to submit a report to this Tribunal regarding the progress of the implementation of the Solid Waste Management Rules, 2016 in Nagapattinam Municipality as directed by this Tribunal in the earlier 6 orders on or before 19.04.2021 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. 4. The Nagapattinam Municipality is also directed to file their further progress report regarding the implementation of the Solid Waste Management Rules, 2016 and disposal of the legacy waste before the next hearing date.
The case is posted for hearing on 19.04.2021.
It is submitted that the Hon'ble NGT(SZ), Chennai in its earlier order dated 06.08.2020 has directed to submit updated report including the details of legacy wastes, Bio- Methanization plant, sewage treatment plant and action plan on Solid Waste Management Rules, 2016.
Subsequently, based on the order of the Hon'ble NGT, Chennai dated 21.01.2021, the joint committee has inspected the MSW processing facility, legacy waste processing facility, MCCs, STPs and Bio Methanization Plant on 16.04.20212 located at Nagapattinam Town and Nagore Town.
I. MSW Processing Facility:
Nagapattinam Municipality generates about 32 T of waste daily. Out of which, 19/T day is the compostable waste. The segregated waste is being collected by door to door collection. After Segregation, bio-degradable waste is processed in the Micro Compost Centres (MCCs) and also Onsite Compost Centres (OCCs). The municipality has two MCCs in Nagapattinam Town and one MCC at Nagore Town to process bio degradable waste generated from the nearby wards.
a. Micro Compost Centre (MCC-1):
The above MCC is located at existing MSW processing facility with a capacity of 4MT/Day which is not under operation during inspection. The municipality has already obtained authorisation under Solid Waste Management Rules, 2016.
b. Micro Compost Centre (MCC-2) 3 The above MCC is located at back side of Government Hospital, Nagapattinam with a Capacity of 5 MT/Day which is under operation during inspection.
c. Micro Compost Centre (MCC-3):
The above MCC is located at Nagore Town with a capacity of 5MT/Day which is under operation during inspection.
d. Onsite Compost Centre (OCCs):
The municipality has provided Onsite Compost Centre (OCCs) at 6 locations in Nagapattinam Town and 2 locations in Nagore town to process about 2 MT/Day of segregated Bio degradable solid waste generated from the nearby houses.
Now, the municipality has applied for authorisation for all three MCCs and the application is under process.
e. Bio Methanisation plant:
Nagapattinam Municipality has provided Bio-
Methanisation plant with a capacity of 5MT.Day near to existing MSW processing facility located at Nagapattinam Town. During inspection the Bio-methanisation plant was not in operation. The municipal authority has reported that it will put into operation within a two months.
f. Bio Mining processing facility:
The municipality has two bio mining processing facility. One is located at existing MSW processing facility, Nagapattinam Town and another one is located at Nagore Town.
i). Bio-Mining facility at Nagapattinam Town:
The estimated total legacy waste accumulated is 10852.77 cum over an area of 8.20 acres. Out of which, 5429 cum of legacy waste accumulated over an area of 3 acres is processed by the Municipality. During inspection the Bio mining of legacy waste is under process.
ii). Bio Mining facility at Nagore Town:
The estimated total legacy waste accumulated is 12359.99 Cum over an area of 2.86 acres. Out of which, 2601 cum of legacy waste is processed over an area of 1 acre by the Municipality. During inspection the bio mining of legacy waste is under process.
Out of total legacy waste of 23213 cum, 8030 cum of waste is processed thereby the Municipality has processed only 34% of total legacy waste. It is submitted that non saleable solid waste such as plastic is disposed through M/s Ultra Tech Cement Ltd. Ariyallur for which Municipality has executed an agreement with them.
II. Sewage Treatment Plant (STPs):
The municipality has installed two sewage treatment plant (STPs) at Nagapttinam and Nagore Town. 4 a. STP at nagapattinam Town:
The municipality has already installed STP to treat the 9.63 MLD of sewage generated from Nagapattinam Town.
The municipality has obtained consent to operate under Water and Air Acts and the same is renewed upto 31.03.2020. The local body has instructed to remit the consent fee for the period upto 2021-2022 and applied for renewal of consent immediately. During inspection the STP was under operation.
b. STP at Nagore Town:
The Municipality has obtained CTE under Water and Air Acts valid upto 31.03.2022 for the STP to treat 2.96 MLD of sewage generated from Nagore Town. The municipality has also installed the STP. The STP was previously inspected on 25.02.2021 and show cause notice was issued under Water and Air Acts for operating the STP without obtaining CTO. During inspection the STP was under operation and the Municipality has instructed to apply for consent to operate immediately.
Conclusion of the Committee:
i. As per the Hon'ble NGT order the Municipality has to complete the bio mining process before 31.03.2021. But it was observed that the out of total legacy waste of 23213 cum, 8030 cum waste is processed and the Municipality has processed 34% of total legacy waste. ii. As per the Hon'ble NGT order dated 21.01.2021, the Municipality has to produced the performance guarantee of Rs. 15 Lakhs (Fifteen lakhs only) within a period of one month (i.e. on or before 20.02.2021) to TNPC Board. But, the Municipality has not produced the performance guarantee so far. However, the Municipality has assured to furnish the performace guarantee of Rs. 15 Lakhs on or before first week of May 2021 so as to comply the order of the Hon'ble NGT (SZ) Chennai. Submitted status report to the Hon'ble NGT (SZ), Chennai, Please.
4. The Pollution Control Board has also filed a status report signed by the officer on 16.04.2021 more or less reiterating the findings and conclusions of the Joint Committee. So, we are not reiterating the same again to avoid repetition.
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5. It is seen from the report that only 34% of total legacy waste has been disposed of by bio-mining by the Nagapattinam Municipality and they have not furnished the Performance Guarantee of Rs.15 Lakhs (Rupees Fifteen Lakhs) imposed by this Tribunal. Though, as per the direction of this Tribunal and as undertaken by Nagapattinam Municipality, the bio-mining process will have to be completed before 31.03.2021, but the progress of it shows, that it is not completed and it is being done at snail's pace. Further, it is also seen from the report of the Pollution Control Board that though the consent to operate for STP was not obtained and a Show-Cause Notice was issued, they have not completed the process so far. It is mentioned in the conclusion portion of the report that the Nagapattinam Municipality sought time to furnish the Performance Guarantee as fixed by this Tribunal up to 1st week of May, 2021. It may be mentioned here that Performance Guarantee itself was ordered to make them to work strictly and perform the undertaking given by them within the time frame, namely, 31.03.2021. Considering the pandemic situation prevailing at that time, the amount was reduced from Rs.50 Lakhs to Rs.15 Lakhs as per order in I.A. No. 04 of 2021 vide order dated 21.01.2021 but in spite of that the Nagapattinam Municipality has not complied with the same. Further, it was also mentioned in the earlier order by which Rs. 50 Lakhs was 6 imposed as directed to be furnished as performance guarantee, if work was not completed within the time frame, the amount of performance guarantee will be forfeited. Since they have not performed the work as undertaken by them, so they are liable to pay this amount as penalty for not complying with the direction as undertaking given by them, apart from the compensation to be payable by them in view of the directions issued by Principal Bench in O.A. No. 606 of 2018 for non- compliance of the implementation of the Solid Waste Management Rules, 2016 in their area. Pollution Control Board is directed to take further steps in this regard and file further action taken report to this Tribunal.
6. The Nagapattinam Municipality has not come with any status report as directed. When this was pointed out the Learned Counsel appearing for the Municipality submitted that he will get instructions from the Nagapattinam Municipality and direct them to comply with the directions.
7. The Pollution Control Board, the Joint Committee and the Nagapattinam Municipality are directed to submit the further progress report, status report and action taken report as directed above on or before 30.06.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of 7 Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, District Collector, Nagapattinam, Nagapattinam Municipality and also to Chief Secretary, State of Tamil Nadu, Commissioner Municipal Administration and Additional Chief Secretary, Municipal Administration and Water Supply for their information and give necessary direction to implement the direction issued by this Tribunal and also for proper implementation of Solid Waste Management Rules, 2016 in that Municipality in its letter and spirit as has been undertaken by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018.
9. For consideration of further reports, post on 30.06.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A.No.131/2017 1st June, 2021 AM.
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