Jith Kumar vs State Of Kerala Represented By Its Chief ... on 30 January, 2020

[Cites 2, Cited by 0]

National Green Tribunal

Jith Kumar vs State Of Kerala Represented By Its Chief ... on 30 January, 2020

Bench: K. Ramakrishnan

Item Nos. 07, 08 & 09

                   BEFORE THE NATIONAL GREEN TRIBUNAL
                        SOUTHERN ZONE, CHENNAI

                    Original Application No. 442 of 2013 (SZ)

IN THE MATTER OF:
Jith Kumar,
Muthedathu
                                                         .. Applicant(s)

                                  WITH

The State of Kerala and others.
                                                        .. Respondents


For Applicant(s)                             M/s. Varghese K. Paul and
                                             Vijayakarthikeyan

For Respondent(s):                           M/s.G.M. Syed Nurullah Sheriff for R2
                                             M/s. V.K. Rema Smirithi for R4
                                             M/s. K.R. Harin for R3


                   Original Application No. 20 of 2017 (SZ)

IN THE MATTER OF:

Abdul Bhasheer and others

                                                         .. Applicant(s)

                                   WITH

Kochi Municipal Corporation
and others.
                                                        .. Respondents

For Applicant(s)                             None


For Respondent(s):                           M/s. K.R. Harin for R1
                                             M/s. Vidyalakshmi Vipin for R4
                                             M/s. D.S. Ekambaram for R3
                                             M/s. V.K. Rema Smrithi for R2
                                             M/s. Me. Saraswathy for R7



                                         1
                    Original Application No. 276 of 2017 (SZ)


IN THE MATTER OF:

Lawyers Environmental
Awareness Forum

                                                      .. Applicant(s)



                                    WITH



State Level Environment Impact
Assessment Authority,
Trivandrum and others.
                                                     .. Respondents


Date of hearing: 30.01.2020.




CORAM:     HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
           HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER




For Applicant(s)                           None.




For Respondent(s):                         M/s. Vidyalakshmi Vipin for R1
                                           M/s. D.S. Ekambaram for R2
                                           M/s. K.R. Harin for R4
                                           M/s. Rema Smrithi for R6
                                           M/s. M. R. Gokul Krishnan for R8




                                       2
                                        ORDER

As per order dated 22.11.2019 this Tribunal had considered the progress of implementation of Solid Waste Management Rules, 2016 (SWM Rules, 2016) in the light of the directions given by the Principal Bench of National Green Tribunal at New Delhi in O.A.No.606 of 2018, dated 16.01.2019 and passed the following order:

" However, we think it necessary we deal with the environmental issues independently, taking note of the orders passed by the Principal Bench in pan India basis in respect of implementation of Solid Waste Management Rules, 2016, so that no inconsistent order will be passed in independent proceedings dealing with the same subject. The counsel for the Pollution Control Board as well as the Corpoation wanted to file a status report and action taken report in respect of the steps taken by them from 2018 till date regarding the disposal legacy waste as well as implementation of Solid Waste Management Rules, 2016 respectively. Let the action taken report be filed by the Corporation as well as the Pollution Control Board be filed before the next date of hearing. The Secretary of the Kochi Corporation is directed to specify in the report as to why the direction of the Principal Bench of this Tribunal in respect of disposal of legacy waste by bio-mining and bio- remediation in the dumping grounds applying Indore Model has not been complied with by them and the steps taken by them for disposal of "Legacy Waste in Scientific Manner", quantify of legacy waste so disposed and balance available and timeline for the action plan for disposal of the same" and posted the case to today for consideration.

2. The Kerala State Pollution Control Board (KSPCB) had filed the report stating that there was no proper authorization for dealing with the Municipal Solid Waste Management plant and the leachate treatment plant was not operational. There was no scientific method adopted by 3 the Corporation in treating the legacy waste. The authorization issued under the Municipal Solid Waste Management Rules, 2000 expired in 2010 and thereafter no fresh authorization either under old Rules or under new Rules had been obtained by the Corporation.

3. It is also mentioned in the report that notice under Section 5 of the Environmental Protection Act, 1986 dated 12.10.2019 was issued to take steps to provide bio-methanation plant for the food waste generated within Kochi Corporation area and to report the compliance such as door to door collection, providing adequate processing facilities, bio-

remediation of the dump site etc., They sent a reply explaining those things, but it was not satisfactory. So, the Board issued a show cause notice to the Corporation as to why the Environmental Compensation of Rs.1,12,20,000/- (Rupees One Crore Twelve Lakh Twenty Thousand only) on the basis of the directions given by this Tribunal in O.A.No.585 of 2018 dated 23.09.2019 should not be imposed. They submitted a reply requesting to exempt them from remitting the Environmental Compensation mentioning that the Corporation has identified the land for solid waste processing facility and established a windrow composting facility, practiced door to door collection (90%) etc., Regarding the bio-

mining, they have informed that financial bid was opened on 24.11.2019 and the same will be placed before the council meeting scheduled on 10.01.2020 and expected to start the work by January second week.

The Corporation intimated by letter dated 01.01.2020 that they have initiated action for the installation of leachate treatment plant and expected to complete the work by March, 2020. During inspection conducted on 28.01.2020, there was no satisfactory progress of work observed.

4. It is also mentioned in the report that the drain construction was not proper, leachate was not properly collected in the pit provided there.

Leachate treatment plant was not operational and they have started the construction of one additional collection tank near to the existing collection pit. The officials available there informed that the leachate is pumped from the pit and transported to the septage treatment plant through tankers. Plastic shredding unit provided is not working. There is no proper processing of plastic waste provided. A portion of the plastic waste is transferred to the outside agencies. The balance quantity of collected non biodegradable waste are deposited along with heaped legacy waste.

5. It is also mentioned in the report that apart from the waste collected in Kochi Corporation, the dumping site is being used for dumping waste collected from 5 Municipalities and 2 Panchayats on the basis of Memorandum of Understanding (MoU) entered into by the 5 Corporation and those Panchayaths and those wastes were not properly collected and this further deteriorated the Brahmapuram waste management plant.

6. The Kochi Corporation has filed the action taken report on short-

term basis, mid-term basis and long term basis on the basis of the directions given by the State Level Monitoring Committee of National Green Tribunal (NGT). The action taken report is as follows:

1. Formation of windrows For scientific processing of the waste the wastes have been re-arranged to form windrows. 23 such windrows could be formed.

2. Clearing and cleaning of existing drains The drains that carry the leachate were cleaned for the free flow of leachate into collection tanks.

3. Identification of collection point and fixing of collection tanks for leachate Two collection points for leachate were identified; one to the southwest of the plant and one to the eastern side of the plant. 2 precast collection tanks of capacity 3500 litres each were placed in southwest portion and 1 collection tank of 3500litres was kept in the lowest point in the eastern side.

4. Installation of Leachate treatment plant on trial run basisA prefabricated leachate treatment plant based on electro-

coagulation technology was installed on a trial run basis. The plant 6 has been installed in the pre-sorting shed situated in the south- east side of the plant. The leachate collected in the collection tanks are pumped into the collection tanks of the treatment unit and taken for treatment.

5. Channelizing leachate to drains & collection tanks Half cut 8" pipes were laid in existing drain/trenches from where leachate is oozing out from the windrows to the main peripheral drains to avoid infiltration of leachate into the soil and for channelizing the flow. Later concrete drains were constructed. SHORT TERM

1. Ensuring proper segregation (to be completed in March 2019)  Responsibility of proper segregation of waste at source level assigned to Health Inspectors of respective health circles.  HI's shall ensure that source level segregation is in place or shall enforce wherever necessary and from the waste transfer points plastic wastes are not loaded into the truck that carries food waste/Biodegradable waste.  In the meeting with the Kudumbasree and the workers of Corporation associated with waste collection held on 14/01/19 it was clearly informed that no mixed waste shall be collected or loaded into trucks. Also in the meeting with the HI/JHI's of all Health circles on 14/01/2019 it was reiterated to ensure proper segregation of waste.

 The matter of segregating the waste at source level itself is being rolled out through the Kudumbasree and health workers of Corporation. Kochi Corporation will stop collecting mixed waste after March 2019  Direction issued in the form of proceedings (dated 05/02/19) of Secretary that the HI/JHI's of respective health circles shall certify/issue pass to trucks transporting waste stating that the truck load contains only food waste/wet waste/bio-degradable waste. JHI of the plant shall acknowledge the passes and shall let to tip wastes certified as biodegradable waste by HI/JHI's of respective health circles.

 An amount of Rs. 120000imposed as fine since 10/05/2019 to defaulters  Orientation meeting conducted on 22/03/2019 for HI/JHIs by Chairman Health Committee 7  Orientation meeting/ follow up meeting conducted on 12/04/2019 for HI/JHIs  About 50% of wastes brought to the plant are segregated as on 02/05/19  Ward level orientation meetings and awareness campaigns conducted by Health Standing Committee Chairperson and concerned Health Circles.  A rapid survey was conducted in June-July'19 to know the status of segregation of waste. About 88% of the households are covered in door to door collection of waste and in households where door to door collection is in practice the wastes generated are stored separately - Biodegradable waste in plastic buckets or bins and non-biodegradable waste in plastic bags. 76% of the commercial establishments are covered under door to door collection and such establishments store waste in segregated form. Corporation is mobilizing the Haritha Karma Sena to streamline the activities.  This was re-assessed in September 2019 as follows:

 Of the 1,67,935 Households in Kochi Corporation door to door collection of waste is practiced in about 1,50,730 HHs (90%) and of this about 1,43,202 HHs (85%) keep their wastes in segregated form. About 7262HHs (4.32%) process the waste generated on their own and in about 8204 HHs (4.88%) CREDAI a real estate developers association is taking care of the waste management. The last mile coverage of 5% is to be achieved from the wards of Kalvathy, Earaveli in Fort Kochi, Edakochi north, Edakochi south, Perumbadappu, Konam, Palluruthy -Kacheripadi wards of Edakochi area and few wards in Kaloor.

 Corporation has published the details of waste management on the website of kochi corporation and published on the new web interface of the public utility for waste management:

www.clickforkochi.kerala.gov.in  Kochi Corporation has as part of the smart city mission distributed 30000 waste storage bins in the wards 1-5 in Fort Kochi area with directions to compulsorily segregate waste.

 Awareness campaigns were conducted to the Kudumbasree volunteers and flyers/brochures/pamphlets were distributed.

 Vide decision no.3 dated 28/11/19 Health Standing Committee has decided to conduct extensive awareness campaigns in all wards in association with the Legal Services Authority

2. Repair of trommels (to be completed in March 2019) Completed all the repair works related to the trommels including re- fixing of the sieves on 11/01/2019 itself.

3. Setting up proper drainage system (to be completed in March 2019)  Completed construction of drains to a length of 300min areas of earthen drain and connected to the existing concrete drains.(Completed on 12/03/2019).  Status of cover slabs laid over the drains:

Total length of drains: 630m Length of new drains: 330m Length of old drains: 300m Total length of drains covered with slabs: 480m Remaining length of drains to be covered: 150. Laying of slabs - work in progress.

When the drains in the city were reconstructed under AMRUT schemes and Smart City Mission for drain improvement and beautificationthe slabs that were removed are taken to Brahmapuram as part of adaptive re-use to prevent construction and demolition waste getting disposed elsewhere and used to cover the drains. This also helps in easy removal of the slabs and cleaning of the drains when it gets choked with the leachate.

Establishing semi-permanent Leachate Treatment System (to be completed in March 2019)  Hon'ble Mayor suggested taking advice from Suchitwa Mission also regarding the specification that shall be adopted for the leachate treatment plant. Accordingly Suchitwa Mission was requested on 31/01/19.

 Vide letter dated 13/02/2019 received on 20/02/2019 Suchitwa Mission informed that the work of installation of leachate treatment plant shall be tendered after preparation of DPR based on electro-coagulation technology with pre-treatment systems from agencies empanelled by Suchitwa Mission.

 Tender for preparation of DPR was floated on 06/03/2019 with closing date on 13/03/2019. Closing date extended to 21/03/2019 as no tenders were received and extended again to 27/03/2019 as only one tender was received. Tenders were opened on 29/03/19. Two tenders were received, one from M/s Sens wasser solutions(L1) and one from M/s Ram Biologicals.

 (Meanwhile as directed by Hon'ble Mayor GIZ, the German cooperation agency was engaged to do a rapid study on leachate generation and apt technology that can be adapted. The work will be awarded after getting their technical inputs also. Two rounds of sampling for testing the leachate characteristics done, based on the report they are to submit the technical note by 05/08/2019.

 Council that met on 29/07/2019 has given approval to award the work to the lowest bidder M/s Senswasser Solutions.

 GIZ submitted the report on 27/08/2019 and made a presentation of the report on 28/09/2019. GIZ has proposed to design the plant for 400m 3/hr including storm water or with provision of septage treatment or for the leachate alone.

 As decision regarding the volume of leachate to be treated is to be taken the matter has been referred to Council through Health Standing Committee. Council that met on 8/11/19 deferred decision on the matter. It is now placed with the council scheduled on 13/12/19. Council has not taken a decision on the matter.

 The leachate generated and collected in a pit behind the plant is taken to the septage treatment plant of Corporation at Brahmapuram itself. To avoid ad- hoc hiring of trucks and reduce cost, tender was floated on 12/07/2019 to hire septage collecting trucks to operate continuously for 3 months.Assessing that the amount quoted by the lowest bidder @ Rs. 5,54,400as higher and cost per trip coming to Rs. 1,232 Health Standing Committee that met on 29/07/2019 decided to re-tender the work. Work has been retendered and placed before Health Standing Committee for approval.

 Work re-tendered and the Health Standing Committee approved the tender on 07/10/2019.Council that met on 08/11/2019 approved the tender.

 Agreement signed and work started.

4. Setting up fully functional plastic shredding system/Capacity addition (to be completed in March 2019) Establishing MRFs in 6 wards and MCFs in all wards  Plastic shredding unit is operational as of January'19  Baling unit installed (the contractor who collects the plastic waste for recycling installed the baling unit) in January 2019  Purchase order given to Clean Kerala Company for purchase of 2 shredding units on 13/05/2019.

 Clean Kerala Company has over phone informed that they are yet to empanel the new shredding unit providers,and they will be able to supply the shredding units in August 2019 only. Yet there is no communication from their end.  The health standing committee that met on 29/07/2019 has given approval to float tenders for engaging agencies capable of operating the MRFs in Corporation area independent of other facilities including provision to recover, recycle, and bale the waste for making Refuse Derived fuel which could be sent to cement kilns. This is to avoid taking the bio-degradable waste to Brahmapuram.

5. Inviting tenders for remediation of legacy waste and reclamation of land(to be completed in March 2019)  M/s Zonta Infratech who has done capping of waste in Tirunelveli and Salem of Tamil Nadu was contacted and one of their experts Mr. Zenthil visited the site on 2/02/2019.

 Mr. Senthil opined that the wastes that are spread over 16 acres of land can be compressed and brought together in 4 acres of land and can be capped.

 Recovery of waste is not economically viable as there is no market for purchasing such huge amount of plastic waste as per the view of M/s Zonta Infratech.

 EOI invited on 21/02/2019 with closing date on 07/03/2019. 3 EOI's received, each from M/s Zonta infratech Bangalore(for capping of waste), M/s Zigma Erode(for biomining of waste) and M/s CED Trivandrum (for capping of waste after recovery of waste). Evaluation of EOIs completed on 11/03/19. In the 2nd meeting of state level monitoring committee of NGT held at TVM on 15/03/19 it was directed to consult Pollution control Board, CUSAT for advice. Professor from CUSAT visited Brahmapuram on 25/03/19. PCB had called a meeting on 26/3/19 at their regional office EKM and has asked the Corporation to send the proposals received for processing the legacy waste to PCB for getting their advice. Proposals were sent on 29/03/2019. It was insisted in the meeting of SMC-NGT on 6/04/19 to go ahead with bio-mining only.

 Request for Proposal prepared for tendering the work of bio-mining as decided in the RMC_NGT meeting on 06/04/2019  As decided in the meeting of SLMC-NGT on 14/06/2019, the tender document was submitted to Pollution Control Board for vetting on 01/07/2019 after approval of the Health Standing Committee and council. After incorporating the suggestions of PCB the bid document was sent to PCB on 30/07/2019 for final vetting.

 M/s Planet Saviors, a Pondicherry based firm was consulted in disposing the legacy wastes and they have expressed their willingness to take the legacy wastes after baling for burning in cement kilns without financial commitment to the Corporation. Corporation council that met on 29/07/2019 has approved the proposal. Work to commence from 7/08/2019. After awarding the work the firm did not turn up.

 Tender for BIOMINING of legacy waste was floated on 14/08/2019 with closing date on 04/09/2019. As nobody participated in tender the closing date was extended to 20/06/2019. Even then nobody participated in the tender. RETENDERED AFTER ASSEMBLY BYE-ELECTION ON 26/10/19 WITH CLOSING DATE ON 18/11/19 12  Last date of submission was extended till 26/11/2019. Only 1 bidder participated in the tender. Bid evaluation report submitted to council scheduled on 13/12/2019 to take a suitable decision.

 Technical Bid was approved by the council, financial bids were opened and the financial bid has been placed with the council for approval.

Mid-term basis (To be completed in 3-6 months before 15/06/2019) Item Action taken/To be taken Design sent to CET for vetting. Meanwhile as directed by NGT in its meeting on 03/08/2019 Pollution control Board visited the site on 17/08/2019 and assessed that the land identified by Corporation is not suitable and another land may be identified. As per the guidelines issued by the CPHEEO it is difficult to find another land in Brahmapuram. The matter has been reported to the Government on 04/11/2019 as decided by Health Standing Committee and Council to grant special Sanitary land fill for rejects permission for construction of landfill as no other land to be constructed. could be found in Kochi.

 Of the 1,67,935 Households in Kochi Corporation door to door collection of waste is practiced in about 1,50,730 HHs (90%) and of this about 1,43,202 HHs (85%) keep their wastes in segregated form.

About 7262HHs (4.32%) process the waste generated on their own and in about 8204 HHs (4.88%) CREDAI a real estate developers association is taking care of the waste management. The last mile coverage of 5% is to be achieved from the wards of Kalvathy, Earaveli in Fort Kochi, Edakochi Proper segregation of north, Edakochi south, Perumbadappu, wastes in place Konam, Palluruthy -Kacheripadi wards of 13 Edakochi area and few wards in Kaloor.

 Under the Smart city mission distributed 30000 storage bins for all HHs in Fort Kochi area.

 Vide decision No. 3 dated 28/11/19 Health Standing Committee decided to conduct extensive awareness campaigns in all wards in association with the Legal Services Authority.

 Work for preparation of DPR awarded to M/s Senswasser solutions.

 GIZ submitted the report on 27/08/2019 and made a presentation of the report on 28/09/2019.(GIZ was requested to do a rapid study on leachate treatment technology that can be adopted)  As decision is to be taken regarding the volume of leachate to be treated; matter referred to Council through HSC.

 Council that met on 08/11/2019 deferred the decision which has been again placed before the council scheduled to meet on 13/12/2019. Council Fully functional leachate has not taken a decision on the matter. treatment plant  Tender for BIOMINING of legacy waste was floated on 14/08/2019 with closing date on 04/09/2019.  As nobody participated in tender the closing date was extended to 20/06/2019. Even then nobody participated in the tender.

 RETENDERED on 26/10/2019 after Assembly bye- elections with closing date on 18/11/19.

 Last date of submission extended upto 26/11/2019.

Remediation of legacy        Only 1 bidder participated in the tender. Bid
waste and reclamation of      evaluation report was approved by the council on
land.                         13/12/19.

                                   14
                                      Financial bid was opened and is placed with
                                      Council for approval.

Long-term basis (To be completed till commissioning of the waste to energy plant) Item Action taken/To be taken Design sent to CET for vetting. Meanwhile as directed by NGT in its meeting on 03/08/2019 Pollution control Board visited the site on 17/08/2019 and assessed that the land identified by Corporation is not suitable and another land may be identified. As per the guidelines issued by the CPHEEO it is difficult to find another land in Brahmapuram.The matter has been reported to the Sanitary land fill for rejects Government on 04/11/2019 for granting special to be constructed. sanction.

Households covered under door to door collection:

150730(90%) HHs segregating wastes: 143202(85%) No. of wards where wastes are fully segregated: 28(38%) Proper segregation of No. of wards where wastes segregation is above 80%: 59 wastes in place (80%) ACTION TAKEN On the Directions of the State Level monitoring committee of NGT in the meeting on 01/03/2019  As part of strengthening the security of the plant 5 additional security men are deployed in addition to the 4 security men working at the plant.

 3Nos of 5 HP pumps are fixed near the southern boundary for pumping water to the dump yard to control the heat buildup and to prevent further chances of fire.

 Wastes laying near the southern side cleared so as to form roads for easy access to fire tenders in case of emergency 15  Wastes cleared so as to form road along the centre portion of the waste heap, along the river side, along plastic shredding unit to make fire breakers.

 Installed 2 cameras for surveillance 1 at the entry and the other at area of core activity near the weigh bridge  Expression of Interest/EoI for biomining/capping the waste was invited on 21/02/2019.

 Deployed 20 additional health workers for the activities associated with the dumping yard.

 Deployed engineering staff on shift basis for technical support.

 Completed lighting of the road coming to the waste dumping yard utilizing the existing electric posts of KSEB. 34 lamps fixed  New security men deployed from 15/07/2019. Camera surveillance included under their scope of work. Total 9 cameras are in operation at different points for surveillance.

ACTION BEING TAKEN  Formation of roads inside the waste dumping yard using GSB/Granular Sub Base tendered. The council that met on 29/07/2019 approved to award the work to the lowest bidder. Work under progress.  Construction of watch tower/over head water tank for proper surveillance of the entire waste dumping yard and the premises of waste treatment plant. To be tendered.

 Installation of mini-high mast light near the waste dumping yard 2ndMeeting of State Level monitoring committee of NGT on 15/03/2019 at Govt. guest house Thiruvananthapuram 16 Directions:

1. The legacy waste shall be disposed of part by part by means of bio-mining

2. Corporation shall keep escrow account for handling emergency situation

3. Vehicle transporting waste shall be provided with adequate cover, leachate collection system and proper log book.

4. Ex-service armed security shall be deployed at the plant site

5. Sahodaran Ayyappan road, Banerji road and NH bypass roads are to be waste free

6. Door to door collection of waste shall be insisted upon. Segregation of waste shall be ensured

7. Plastic carry bags of thickness below the prescribed limit shall be banned.

8. Health workers shall be given personal protective equipments when working on waste related activities.

9. It shall be explored whether the ex-service men society that carried bio-mining of waste in Adimaly/Munnar belts can be engaged at Brahmapuram for processing the legacy waste 3rdMeeting of State Level monitoring committee of NGT on 06/04/2019 at Govt. guest house Thiruvananthapuram Directions:

1. Kochi Corporation shall dispose legacy waste part by part means of bio-mining as per the guidelines of CPCB involving a technical expert. Necessary arrangements for addressing the present environmental issues shall be taken till the waste to energy plants comes into existence. A compliance report shall be filed before the next meeting of the committee.

2. Directions issued to Kochi Corporation vide minutes of the 2nd meeting of SMC-NGT may be forwarded to District collector to oversee the implementation of directions.

4th Meeting of State Level monitoring committee of NGT on 08/05/2019 at Govt. guest house Thiruvananthapuram Directions:

1. 100% segregation of solid waste is to be ensured within 40 days (before 17/06/2019)

2. The following roads also shall be declared waste free

(i) Subhash Chandra Bose Road

(ii) K.V Jacob Road

(iii) BOT Bridge to Alexander Parmabithara Road

3. To complete the previous directions 5th Meeting of State Level monitoring committee of NGT on 14/06/2019 at Govt. guest house Thiruvananthapuram.

Directions:

1. Corporation shall submit an action plan on the activities that will be carried out immediately.

2. The drains constructed for draining leachate shall be covered with slabs to avoid rain water getting mixed with the leachate.

3. A collection tank for leachate shall be constructed

4. To submit the ward level details of waste segregation.

5. Details of RRFs, MCFs in Corporation area and other waste management options in practice.

6. To submit the tender document of Bio-mining to Pollution Control Board for vetting.

7. To identify the bulk waste generators and issue notice to them to make own arrangements for disposal of plastic and other non-

biodegradable wastes.

7th Meeting of SLMC of NGT on 03/08/2019 at Thiruvananthapuram Directions:

To complete the directions already given 10th Meeting of SLMC of NGT on 03/11/2019 at Thiruvananthapuram Directions:

1. To complete the directions already given

2. To install bio-digester to bring down the quantity of solid waste taken to Brahmapuram for processing in the composting plant.

ACTION TAKEN SO FAR

1. EOI invited on 21/02/2019 with closing date on 07/03/2019. 3 EOI's received each from M/s Zonta infratech Bangalore(for capping of waste), M/s Zigma Erode(for biomining of waste) and M/s CED Trivandrum (for capping of waste after recovery of waste). Evaluation EOIs completed on 11/03/19.

In the 2nd meeting of state level monitoring committee of NGT held at TVM on 15/03/19 it was directed to consult Pollution control Board, CUSAT for advice. Professor from CUSAT visited Brahmapuram on 25/03/19.

Professor from CUSAT visited Brahmapuram on 25/03/19 and had advised to carry out bio-mining of waste manually.

CUSAT was requested to conduct a rapid study to determine the composition of wastes in the plastic and non-biodegradable waste dumping yard, but they denied.

PCB had called a meeting on 26/3/19 at their regional office EKM and has asked the Corporation to send the proposals received for processing the legacy waste to PCB for getting their advice. Proposals were sent on 29/03/2019. It was insisted in the meeting of SMC-NGT on 6/04/19 to go ahead with bio-mining.

Ex-service men society personnel Sri Varghese visited Brahmapuram on 29/03/2019 as requested by Corporation for bio-mining of the legacy waste in part by part. He has informed that he will submit a proposal in consultation with the Government. (Orally he informed that it is not possible to recover 80% of the waste. It can only be land filled. If the work is awarded to them they will carry the waste to a landfill area in Mysore and dispose it there and that would incur a cost of Rs.40000 per truck load of waste (~15 tonnes) in addition of Rs. 5.25 per kg for recovering it from the dump yard.)Later Ex-Service men society did not turn up.

Request for Proposal prepared for tendering the work of bio-mining as decided in the RMC_NGT meeting on 06/04/2019  As decided in the meeting of SLMC-NGT on 14/06/2019, the tender document for Bio-mining was submitted to Pollution Control Board for vetting on 01/07/2019 after approval of the Health Standing Committee and council. After incorporating the suggestions of PCB the bid document was sent to PCB on 30/07/2019 for final vetting. Tender was floated on 20  M/s Planet Saviors, a Pondicherry based firm was consulted in disposing the legacy wastes and they have expressed their willingness to take the legacy wastes after baling for burning in cement kilns without financial commitment to the Corporation. Corporation council that met on 29/07/2019 has approved the proposal. Work was to commence from 07/08/2019, but they did not turn up.

 Legacy waste composition study conducted in association with M/s Aggrezzo Industries Pvt Ltd on 22/05/2019

2. About 84 vehicles are deployed for transporting waste of which only 20% of the vehicles that were owned by the Corporation alone had full cover body and provision for leachate collection. Now 80% of the fleet of vehicles used for transporting the wastes are having full cover and provision for collecting leachate

3. New team of security personnel deployed from May 15 2019.(Camera surveillance is done by them on their own. About 9 cameras have been installed)

4. The following roads have been declared as zero waste roads:

(i) Sahodaran Ayyappan road,

(ii) Banerji road

(iii) NH Bypass roads

(iv) Subhash Chandra Bose Road

(v) K.V Jacob Road

(vi) BOT Bridge Thoppumpady to Alexander Parambithara road 21 Waste Length dumping Sl.No Road (km) points Remarks Major dumping 1 Bypass road 8.6 4 points 2 Sahodaran Ayyappan road 4.8 0 CLEAR 3 Banerji road 7.2 0 CLEAR BOT Bridge - Alexander 4 Parambithara bridge 3.3 2 Clear 5 KB Jacobs road 2 0 CLEAR Subhash Chandra bose 6 road 3.7 0 Clear As the Bypass road is having many intersections it is really challenging to maintain that road as waste free. Lack of adequate employees is also a major issue.

5. Orientation meeting conducted on 22/03/2019 and 12/04/2019 for HI/JHIs to ensure proper segregation of wastes

6. Ward level orientation meetings and awareness campaign held by Health Standing Committee Chairperson in June 2019

7. It is ensured that about 75% of the waste collected are in segregated form as of 14/06/2019

8. Of the 1,67,935 Households in Kochi Corporation door to door collection of waste is practiced in about 1,50,730 HHs (90%) and of this about 1,43,202 HHs (85%) keep their wastes in segregated form. About 7262HHs (4.32%) process the waste generated on their own and in about 8204 HHs/Flats (4.88%) CREDAI a real estate developers association is taking care of the waste management. The last mile coverage of 5% is to be 22 achieved from the wards of Kalvathy, Earaveli in Fort Kochi, Edakochi north, Edakochi south, Perumbadappu, Konam, Palluruthy -Kacheripadi wards of Edakochi area and few wards in Kaloor.

9. Kochi Corporation has as part of the smart city mission distributed waste storage bins in the wards 1-5 in Fort Kochi area with directions to compulsorily segregate waste.

10. Vide decision no.3 dated 28/11/19 Health Standing Committee has decided to conduct extensive awareness campaigns in all wards in association with the Legal Services Authority.

11. It is strictly enforced at grass root level to segregate waste at source and strict directions are given not to load mixed waste in trucks carrying waste into Brahmapuram plant.

12. Plastic manufacturers association, merchants associations were called for a meeting on 15/04/2019 to bring them on board and to cooperate with the Corporation in the drive to completely ban plastic carry bags of size less than 50 microns.

13. Strict action was taken by Corporation in enforcing the ban of plastic carry bags below 50 microns. About 2.42 tonnesof plastic carry bags were seized by the Health Inspectors and Junior Health Inspectors and an amount of Rs.52000 was imposed as fine during March - August 2019 period.

14. Use of personal protective equipments (PPE) by health workers enforced.

15. 3, 5 HP pumps are fixed near the southern boundary for pumping water to the dump yard to control the heat buildup and to prevent further chances of fire.

16. 2 Cameras are fixed, the surveillance area to be expanded by adding more cameras. Included under the scope of work of the new security to be deployed.New Security deployed from 15/07/2019 and 9 cameras have been installed.

17. About 11 heaps are formed in the legacy waste dumping area to make fire breakers and easy access to fire tenders.

18. Completed lighting of the road coming to the waste dumping yard utilizing the existing electric posts of KSEB. 34 lamps fixed.

19. Application made with KSEB for HT connection to the leachate treatment plant. Estimate to be prepared and Technical sanction to be given by the committee constituted for electrical works at District Panchayat level. It is under the consideration of the committee. Obtained TS for the work. Work to be tendered. Placed before council scheduled on 8/11/19 for approval. Council decided to reconsider this with the DPR of leachate treatment plant.

20. Of the 611 m of drains around the plant, about 430metres are covered with slabs. Old discarded slabs from various wards of Corporation were brought to Brahampuram and used for covering the drains. 150m drains are to be covered and is pending due to incessant rain.Work of covering the drains is in progress.

21. Work for constructing leachate collection tank tendered on 27/07/2019 and the work has been started.

22. Work for constructing damaged compound wall and grill tendered on 27/07/2019. Under negotiation as the rates quoted are in excess of estimate.

23. Work of laying Granular Sub-Base (GSB) awarded. Work started.

24. Ward level details of waste segregation, RRFs, MCFs already submitted to SLMC-NGT on 27/07/2019.

25. Tender document for Bio-mining of waste submitted to Pollution Control Board on 01/07/2019 and after getting the suggestion from PCB the revised tender document was sent to PCB on 30/07/2019 for final vetting of the document.Tender for BIOMINING of legacy waste was floated on 14/08/2019 with closing date on 04/09/2019. As nobody participated in tender the closing date was extended to 20/06/2019. Even then nobody participated in the tender. RETENDERED THE WORK ON 26/10/2019 AFTER THE ASSEMBLY BYE-ELECTION CODE OF CONDUCT.

26. About 35 bulk waste generators were identified and have issued notice to make own arrangements for disposal of non- biodegradable wastes including plastic.

27. A rapid survey was conducted in June-July'19 to know the status of segregation of waste. About 88% of the households are covered in door to door collection of waste and in households where door to door collection is in practice the wastes generated are stored separately - Biodegradable waste in plastic buckets or bins and non-biodegradable waste in plastic bags. 76% of the commercial establishments are covered under door to door collection and such establishments store waste in segregated form.

28. As reassessed in September'19, of the 1,67,935 Households in Kochi Corporation door to door collection of waste is practiced in about 1,50,730 HHs (90%) and of this about 1,43,202 HHs (85%) keep their wastes in segregated form. About 7262HHs (4.32%) process the waste generated on their own and in about 8204 HHs (4.88%) CREDAI a real estate developers association is taking care of the waste management. The last mile coverage of 5% is to be achieved from the wards of Kalvathy, Earaveli in Fort Kochi, Edakochi north, Edakochi south, Perumbadappu, Konam, Palluruthy - Kacheripadi wards of Edakochi area and few wards in Kaloor.

29. Kochi Corporation has as part of the smart city mission distributed waste storage bins in the wards 1-5 in Fort Kochi area with directions to compulsorily segregate waste.

30. Vide decision no.3 dated 28/11/19 Health Standing Committee has decided to conduct extensive awareness campaigns in all wards in association with the Legal Services Authority.

31. Corporation council that met on 29/07/2019 approved to invite tenders for fixing fire hydrants. EOI invited on 10/12/2019

32. Estimate prepared for the work of over head storage tank and watch tower. To be tendered

33. For construction of a pond inside the legacy waste site in dry rubble for use in case required for dousing fire spread placed with the council scheduled on 8/11/19 for approval. Council approval obtained. To be tendered

34. Starting ESCROW account to meet contingencies and other urgent works in Brahmapuram placed with the council scheduled on 8/11/19. ESCROW account opening in progress.

35. Concrete road construction in the Brahmapuram plant estimated at a cost of Rs. 1.86 crore and is placed before the 26 council scheduled on 8/11/19. Council approved. To be tendered

36. Construction of new office building for JHI/HI placed before council scheduled on 8/11/19.Council approved. To be tendered

37. Work for Installation of additional high mast light awardedwork in progress.

38. The matter of construction of bio-digesters/Biogas plants has been placed before the Council scheduled to meet on 13/12/2019.

WASTE TO ENERGY PROJECT IMPLEMENTATION STATUS

1. Contract/concession agreement signed on 17/02/2016

2. Government have accorded sanction for conversion of land allocated for waste to energy project vide G.O(MS)No.39//2018/Revenue on 03/02/2018

3. District Collector made Nodal Officer for waste to energy project Vide G.O(Rt) No.488/2018/LSGD dated 20/02/2018

4. Land transferred to the Concessionaire on 26/2/2018

5. Hon'ble chief Minister laid the foundation stone on 09/04/2018

6. Site office commissioned on 27/04/2018

7. Government accorded sanction Vide G.O (MS) No. 108/2018/LSGD dated 08/08/2018 to hand over additional 3.44 acres of land to the concessionaire in lieu of the 3.66 acres of land to be set aside for water conservation and maintaining the natural flow of water in the site already handed over for the project.

8. Additional land handed over on 19/11/2018

9. Public hearing of the waste to energy plant conducted on 10/06/2019

10. Revised Environmental Impact Assessment report submitted to SEIAA and a presentation was also given to SEIAA on 01/08/2019.

11. Power Purchase Agreement signed between GJ Ecopower and KSEB on 19/06/2019.

STATUS OF CLEARANCES AND PERMITS REQUIRED AND OBTAINED I. Consent to Establish the plant from KSPCB (Obtained on 30/08/2018) II. Factories and Boilers(Obtained on18/04/2018) III. Forests and Wildlife/Social Forestry (Obtained on 11/06/2018) IV. NOC from Aviation department (Obtained) V. License from DMO(Obtained on 15/3/2018) VI. Clearance from the Chief Town Planner (Obtained on 6/7/2018) VII. NOC from Fire and Rescue VIII. Development permit IX. Environmental Clearance from SEIAA obtained on 26/09/19 X. Building permit from the Puthencruz Grama panchayath obtained on 06/11/19 Clearing, levelling of site started on 11/11/2019.

7. On going through the report submitted by the Kochi Corporation, we are not satisfied with the progress expected from them for implementation of the directions given by this Tribunal in O.A.No.606 of 2018. Even on the last hearing date in O.A.606 of 2018, the Principal Bench of National Green Tribunal at New Delhi had expressed its displeasure in the manner in which the implementation of Solid Waste Management Rules, 2016 are being carried out in the State of Kerala. It is not known as to what happened after the show cause notice issued by the Pollution Control Board. On receipt of the explanation from the Corporation, the Pollution Control Board is directed to pass appropriate orders and complete the proceedings initiated on the basis of their inspection and dispose of the same in accordance with law and come with compliance report before this Tribunal.

8. Learned counsel appearing for the Kochi Corporation submitted that the tender was reopened and the technical people are expected to start the work by January second week as the financial bid which is pending for approval with the Council in the meeting of the Council scheduled on 10.01.2020. The Corporation is directed to process the tender at the earliest possible time and start the work and see that the quantity of legacy waste is brought down considerably and also take all protection measures and preventing pollution being caused and in the manner in which it has to be handled in Brahmapuram waste management plant.

9. The Principal Bench of this Tribunal had posted the case O.A.No.606 of 2018 for appearance of the Principal Secretary, Urban Development, Kerala to come with the proposal as to how the Solid Waste Management Rules, 2016 are being expected to be implemented in its true spirit. In view of the directions given by the Tribunal in that matter, the Chief Secretary is responsible for implementation of those rules strictly in the State and posted the case to 28.02.2020. We feel it better to post these cases after that date for further orders, so that conflicting orders can be avoided, but this will not prevent the Pollution Control Board in proceeding with the action already initiated allowing to culminate the same in the manner known to law.

10. When it was pointed out that the report does not mention what is the time line within which they are going to dispose of the legacy waste as per the tender, learned counsel appearing for the Corporation wanted some more time to file a detailed report on that aspect and also further action report be filed by the Corporation in this regard.

Post the matters on 20.03.2020.

.........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. ( Saibal Dasgupta ) O.A.Nos.442 of 2013, 20 of 2017 & 276 of 2017 th 30 January, 2020, KR.

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