National Green Tribunal
Chaitanya Sravanthi Represented By Its ... vs The Andhra Pradesh Pollution Control ... on 29 April, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.02: Court -- 1: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 68 of 2015 (SZ) (Through Video Conference) IN THE MATTER OF: Chaitanya Sravanthi Society No.646 of 1987 Registered under the Societies Registration Act XX1 of 1860 Having Office at D. No. 48-8/12, Dwarakanagar, Visakhapatnam -- 530 016 (Andhra Pradesh) Rep. by its President, Dr. S. Shirin Rahman ...Applicant(s) Versus 1.. The Andhra Pradesh Pollution Control Board, Rep. by its Member Secretary, Paryavaran Bhavan, A-3, Industrial Estate, Sanathinagar, Hyderabad -- 500 018. 2. The Environmental Engineer, Andhra Pradesh Pollution Control Board, Regional Office, Visakhapatnam, Besides RTA Office, Madhavadhara Vuda Layout, Visakhapatnam -- 530 018. 3. The Visakhapatnam Port Trust, Represented by its Chairman, Having Office at Port area Visakhapatnam -- 530 035. .... Respondent(s) Date of Judgment: 29.04.2022 CORAM: HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): None. For Respondent(s): Mrs. Maduri Donti Reddy for R1 & R2 Mr. G. Adithya Raj for R3 JUDGMENT
1. The above application was filed for an Injunction against the 3' respondent - The Visakhapatnam Port Trust from operating any coal cargo by way of import and export out of its unit at Port area and also for the directions against the first and second respondents - The Andhra Pradesh Pollution Control Board to take action against the 3" respondent - The Visakhapatnam Port Trust for carrying on illegal operation of the unit..After considering the contentions of the parties, the matter has been disposed of by this Tribunal by order dated 08.03.2017 with following directions:-
"S59. After perusing the material papers and after -hearing the arguments on both sides we agree that clearly, there is no single point answer to solve all of these problems. Ne doubt the respondent Port. Trust is adopting various techniques thal are suggested by the State Pollution Control Board and experts in the Heid, bur the question is whether the efforts being made by the respondent Port Trust, are enough to control the dust emission and bring down air pollution levels to permissible limits. Though various anthropogenic activities are responsible for increase in air pollution, the respondent Port, beings the main paint source af duxt emission while handling the coal carga, shall bear major responsibility for increase in the air pollition, particularly in it's vicinitv and it shall continue to strive to give top most priority and utmost attention to this aspect in the inferest of environment, pardcularly in the interest of health of the people residing in the grea. Even the latest status report filed by the Board dated 6-5-2016 indicates the RSPM are beyond the permitted levels at some of the monitoring stations. However, one cannot deny the fact that the Port is implementing the short term, medium.and long term directives issued by APPCB and also getting the various environmental activities implemented by the Port, which are reviewed by the Expert Monitoring Committee which is inspecting the various operational areas of the Port and advising improvements and giving suggestions from time to time. Presently the measures taken by the Port to mitigate dust pollution include:
» Monitoring of Ambient Air Quality at six locations in and around the Port area by Port and Andhra University Development Centre and APPCB.
>» Continuous development and maintenance of thick Green Belt in and around Port area.
» Modernisation and mechanisation of Cargo Handling Operations in phases.
>» Reorganising stack yards » Insulating coal stack yards by providing high rise walls along with dust suppression system The Port should stick on to the time schedule prescribed for implementing the short term, medium term and long term measures stated above and scrupulously follow the directions.
60. Though the main prayer of the applicant is to issue an order of injunction restraining the 3rarespondent from.operating any coal cargo; whether by way of import or export, out of its unit at Port area, presently. we are not inclined to grant such relief considering the fact that the Port is already implementing various pollution control measures and its activities are regularly monitored by the Board and also keeping in. view the concept of 'Sustainable Development' as coal is the major source of fuel, particularly for the thermal.power plants...However,. we direct» the Port.Trust~to scrupulously implement the Environment Management Plan with short, medium and long term measures and submit quarterly progress reports by filing in the Registry with a copy to the applicant starting with the quarter ending with 30-6-2017 as per the following schedule which will be placed before the Tribunal for perusal and for further orders, if necessary.
Quarter ending with Due date of submission of report 30-6-2017 15-7-2017 30-9-2017 15-10-2017 31-12-2017 15-1-2018 31-3-2018 15-4-2018 30-6-2018 15-7-2018 30-9-2018 15-10-2018 31-12-2018 15-1-2019
61. The State Pollution Control Board shall also submit the quarterly AAQ monitoring reports along with inspection.reports by filing in the Registry, starting with the quarter ending with 30-6- 2017 as per the aforesaid schedule which will also be placed before the Tribunal for perusal and further orders, if any, required. We make it clear that if we find any slackness in implementing the plan and neglecting the pollution control measures and if there is no perceptible reduction of dust emission and improvement of the air quality, we will be constrained to invoke "Polluter Pays" principle and even restraining the respondent Port Trust from handling coal cargo.
62. with the above directions, the application is disposed with:no order as to costs."
2. As per the directions, quarterly report will have to be filed by the parties. The quarterly reports filed on several occasions were reviewed by this Tribunal, in various orders namely,.. 03.01.2020, 05.03.2020 and 05.08.2020. On 05.08.2020 after considering the report, this Tribunal had passed the following order:-
"8. The learned counsel appearing for the Andhra Pradesh State Pollution Control Board wanted to..ascertain status of the compliance report submitted by the 3" respondent. The counsel for the 3 respondent also submitted that they did not receive the report submitted by the Andhra.Pradesh State Pollution Control Board. Both the counsel are directed to exchange their respective reports so that they may verify the same and take appropriate further action if any, required regarding the same.
9. We record the action taken report submitted by the Andhra Pradesh State Pollution Control Board as well as the compliance report submitted by the 3 respondent subject to liberty for the Andhra Pradesh State Pollution control Board to verify the compliance report submitted by the 3 respondent.
10. The Andhra Pradesh State Pollution control Board is directed to continue the monitoring as directed by this Tribunal by the original order dated 08.03.2017, and submit a periodical report to this Tribunal after a period of three months.
3. Thereafter, this matter was directed to be placed before the Tribunal on receipt of the report. On 01.02.2022, this Tribunal had considered the report submitted by the Andhra Pradesh Pollution Control Board for the period from August 2021 to October, 2021, e-filed on 30.12.2021 and extracted in Para (4) of the order and then passed the following order:-
"6. The counsel appearing for Visakhapatnam Port Trust submitted. that. he is newly appointed a. counsel for Visakhapatnam Port Trust and he wanted some to file their objection to the report submitted by the Andhra Pradesh Pollution Control Board (APPCB) and also he wanted to file a separate compliance report filed by the Visakhapatnam Port Trust itself apart from their objection to the report submitted by the Andhra Pradesh Pollution Control! Board (APPGB).
7. Considering the circumstances, we feel that some time can be granted to. the Visakhapatnam Port Trust to submit their objection to the committee report.and also compliance report according to them regarding the recommendations made and they are directed to file the same on or before 25.02.2022 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 case was posted to 25.02.2022 for consideration of objections, if any and the compliance report to be filed by the 3™ respondent - The Visakhapatnam Port Trust and also for consideration of quarterly reports. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, the matter has been adjourned to today as per notification dated 12.04.2022.
5. We have received a compliance report field by the 3™ respondent-The Visakhapatnam Port Trust dated 24.02.2022 which reads as follows:-
/ i Gy / CONPLIANCE REPORT FILED BY THE 3° RESPONDENT f ;
: f .
| AMBATA VENU PRASAD, Slo RAMACHANDRIJDU, aged 09 years, presently working as Chief Engineer, Visakhapatnam Port Trust, Adminisirative Office building, Port area, Visakhapatnam-530035, Andhra Pradesh do hereby solemnly affirm and sincerely state as follows:
4. [humbly submit that lam the Chief Engineer of the 3° Respondent and as such | am well versed with the facts of the case anc competent to swear this report.
2. | humbly submit that the 3° Respondent Port has complied with the directions of this Hon'ble Tribunal and the periodical directions issued by the APPCB and the tabular columm hereunder contains ihe detailed compliance status:
" ar', | COMPLIANCE STATUS ON DIRECTIONS ISSUED APPCBITASK FORCE Vide Order Di: 28.12.2045.
5, No 8 irection a -- 7 _VPTC Compt Hance as on date - ¥ (MMEDIATE MEASURES:
{. Tne Port shall caver afl the stack yares af -COMPLIED-
dusty cargoes (Coal anc other Cargoes VPT has ensured to cover all the etc,) with tapauiin immediately and no. stacks with tarpaulins by 100% coal stack yard shall exist without | except during loading and unloading _ operations at particular stacks.
gh <COMPLIED-
re niles up x tt 8 ni. as or the "560 -YPT has ensured to resiricl tne slack condition and tie excess stacking shall) heights fo 6.90ni. in port area, The be removed immediately. PPP operators viz, VSPL & VGCB | are-smaintaining stack heights of | about 10.00n) at thew terminal as per | the consent order | {Copies of CFO's are ensiosed ine PROT 4
--
{D> mas;
: & as os =x oe aa 5 ot 4 ee SB ke es 2] Poacal Oo pee
-
5% 1 eZ ey ay Ah qT \ " ; | ieady reference please) _ - a 3" The Port shall nai store any dusly car 40. a 7 atyest of ESSAR and be esing disty----_-COMPLEED i catgo shail be removed immediately, The Fort shall not store aay dusty cargo | Phase-|) -COMPLIED- without MDSS system at any location in ihe port premises, ' Phase -l] | VPT proposed to install MDSS at other 4 areas Le. L9 area, Opposite TM Office, Near MG Gate and along Coast Guard Office Road with an estimated cost of Rs. 8.42 Crores and expected to be completed by June- 2022.
ccapy of Action plan enclosed for: ' reference and record please) Regarding Covered storage sheds: VPT issued. work order for covered _ storage shed at R2 - R5 area at cost | of Rs.18.00 crores on 07.02.2022 with target date of 13 months.
TR é port shall not store any dusty cargo. -COMPLIED- . at R-44 area. | No dusty cargo is being stored at R-: 11 area. VPT proposed to construct "covered storage shed at R-11 area with a cost of Rs.31.04 Core of size.
200x40xT7 mts and target date of _ completion is 15.05.2023 (Copy of the NIT is enclosed for ready reference and record please) --
The port shall submit an action plan for' -COMPLIED- re-organization of coal stacking yards, which are near to the city interface immediately, The port shall submit an action plan for -COMPLIED- re-organization of all the dusty stacking. yards and submil the stacking yard pla:
_iwithin 15 days.
The port shall submit an action plan ior COMPLIED. mechan: zation of the dusty carjo | Port has 27 perihs in inner harbour :
handling berths within 30 days. Pand § berths in outer harbour, | Out of the above all the berths in. 'outer harbour are fully mechanized lron Ore Berth, Oi Berth, LPG Berth, OCB & Container Berth The following berths in inner Harbour | are mechanized:
Ty EQ-4
2) EQ-10
3) EQ-§ 8 WO5 and the following berths are semi mechanized:
iy EQ?-EC.
1} EOS WW). EQ-7 wv) = -EQ-S vy) WQ1-WO4 va WOQ-6
vi) = WQ-7&WQ-8 vi} OR1&OR2 ix} Feritizer Berth | SHORT TERM MEASURES:
The port shall complete the installation and commission of the truck tyre washing facility by 31° March 2016.
-COMPLIED-
The port shall complete the installation and commissioning of the truck mounted fog cannon system at loading/un loading of dusty cargo by 31% March 2016.
-COMPLIED-
The port shall complete the refurbishing all the existing MDSS and shail be operational by 31° March 2016.
-COMPLIED-
The port shall install 3 CAAQM stations and connect to APPCB website by 31% march 2046.
~COMPLIED-
an The port shall comply with the targets fixed for the plantation under Green Visakna Program.
Tenders are being called for the balance quantity of 30,000 plants TDC on 31.07.2023 | The port shall procure Mechanical Sweeping Machines by 31° March 2016.
-COMPLIED-
MEDIUM TERM MEASURES:
The port shall complete - the construction of conerete wall of 7.6 m. height and 1.7 Km jong Le from the sea horse junction to Convent junction at tne city inferiace by 31% 'March 2016.
-COMPLIED-
AL The port shall co mpiete the up sadation of the STP to handle 10 MLD with proper | Quality output to meet to the standards of | the board by 31° March 2016. | ~COMPLIED-
The port shall provide CC cameras at the coal yard and connect it to Website of » APPCB for dissemination of information to the public.
-COMPLIED-
CG Cameras aré installed at all important areas of VPT. Connecting ihe same to APPCB is not possible | Keeping is view of National Security | imposed by Defence Department.
LONG TERM MEASURES:
Dismantling and reconstruction of West: Quay berths i.e from part of WO-2 to Wa- 5 for handling 14.50 m draft vessels with.
fully mechanized handling facilities for handling bulk cargoes, VPT planned to handle most of the coal and other dusty cargoes at higher draft berths like WOQ-7, WO-8 which will be proposed to mechanize | on PPP mode by the end of 2023.
EQ-5 and EQ-6 berths for handling 14.5. m draft vessels with fully mechanized handling facilities for handling bulk. cargoes in inner harbor of Visakhapatnam | port.
Regarding EQ-5 berth, it is decided to operate with semi mechanization by deploying the harbour mobile cranes by handling only dust free cargc, as It isnot commercially viable.
Replacement of existing EQ-2 to EQ-5 berths to. cater 74.50 m. draft vessels with. fully mechanized handling facilities for handling bulk cargees in inner harbour of Visakhapatnam Port.
Regarding EQ-8 berth, VPT proposed to handle multi cargo with semi mechanized mode, for which tenders are under finalization = for | modemization of the berth.
Development of West Quay North (WO-7. & WO-8) berth with mechanised handing facilities for handling bulk cargoes. Mechanization of cargo handling at EQ-6:
berth, VPT proposed io handle multi cargo at WO7 & WOQ8 berths fer which obtaining EC amendment is awaited.
COMPLIANCE STATUS ON DIRECTIONS ISSUED BY APPCB/TASK FORCE Vide Order Dt: 02.03.2020 2
5.No Directions VPT Compliance as on date Mls. VPT shail install MDSS at all dusty cargo areas within 6 months:
-COMPLIED-
{Copy of work order VPT proposed to install MOSS at: other 4 areas 1e LO area, Opposite TM Office, Near MG Gate and along Coast Guard Office Road with an: estimated cost of Rs. 8.42 Crores and expected fo be compieted by June.
2022.
Copy of NIT and Action plan. enclosed for reference please} Regarding Covered storage sheds: VPT issued work order for 4 shed Le at R2,R-5 area and NIT 2" calli issued for another two sheds.
& Action plan enclosed for reference} Ws VPT shall remove dusty cargo stored near to habitation R-2, R-4 & R-5,A,B immediately where there is no MDSS system. |
-COMPLIED- | (Copy of the action taken by VPT on | shifting of dusty cargo is enclosed for reference please), 10 S.No Directions VPT Compliance as on date .
3. | M/s. VPT shall submit the action plan ie -COMPLIED-
re-organization of the dusty cargo at - . different stacking yards within 15 days, (COPY of the action taken by VPT on shifting of dusty cargo is enclosed for reference).
4. | Ms. VPT shall submit the action plan for -COMPLIED- re-organization of the coal stacking yards (Copy of the action taken by VPT on which are near to the city interface within shifting of dusty cargo is enclosed for | 15 days. reference),
6. | Mis. VPT shall submit the action plan for -COMPLIED- mechanization of partly mechanized berths (5 nos) and other berths, | §. | The port shall handle dust free cargo like | Regarding EQ-5 berth, it is decided to fertilizers, food grains and bagged cargo, operate with semi mechanization by steal, granite atc. in EQ-2 to EQ-5 deploying the harbour mobile cranes | by handling only dust free cargo, as it _ i isnot commercially viable. -
7. | Mis. VPT shall obtain amendment for the -COMPLIED- Water consumption, waste water generation quantity in the CFO.
8. | Ms. VPT shall obtain amendment for the hazardous waste generation quantities and its disposal option in the CFO. _
9. | M/s. VPT shall provide dedicated tankers -<COMPLIED- to the stock yards which are not provided with the MDSS in such a way that the entire stock yard snall be sprinkled once in two hours, 40, | Mis. VeT shal! install PLC based OSE. VPT proposed to insiall PLC based at all dusty stacking areas and shall MDSS at other areas and expected report Implementation progress every | gate of completion is June 2022. monin to ZO, Visakhapatnam and RO, (Action plan encl osed) Visakhapatnam.
11. | Mis. VPT shall complete the balance Tenderé are being called for the plantation target of 1.02 lakhs under : balance quantity of 30,000 plants. Green Visakha program at all the vacant tne on 34.97.2023 places available in port area Y December 2020.
12, Arial videography {with the help ai | ~ -COMPLIED- drone\/Photos of the Air pollution control | measures/ equipment, tarpaulin covered shall be taken and shall submit fo the Board within 7 week. = A S.No Directions --
VPT Compliance as on date | The VPT shall utlize the fines collected
13. ~ -COMPLIED-
from stevedoras and. PPP operators for the purchase of tarpaulins.
14. | Mis. VPT shall ensure that no leakages of | VPT has ensured to cover all the Urea, sulphur and rock Phosphate while | cargo stacks with tarpauline. | "transporting through trucks from Port to _ i the user, 7 15, | Strict procedures shall be followed ios -COMPLIED- maintaining cleanliness at the jetty while handling Ammonium Nitrate ta prevent contamination with any reactive substance containing carbonaceous, hydro-carbonaceous material and any | other incompatible material, 7
18. | The district Crisis Group formed under -COMPLIED- MSIHC rules shall monitor and review the | safety measures regarding of Ammonium Nivate and ensure additional safety precautions to be taken by conducting periodical mock drills under the supervision of the District Crisis Group. 7 4 17, The VPT shall take all the necessary YPT proposed to extend the time. _measures to control the air pollution and period up to 80.08.2022 for shal os that ee & abe 'O submission of final report as dailyimonthly and annual average va ues : ;
. are within the standard, , ~_ Fequested by NEERI.
48. (The VPT shall comply the Tiectons -COMPLIED- issued by the Board fram time to time. As per the directions of Hon'bla NGT. | Southers Zone, VPT 5 strictly, _ Lcomplying with the directions issued | _ by the Board from fime to time.
19. The VPT shall submit the perfor mance -COMPLIED-
Bank guarantee cf an amount of an.
amount of Rs.1,.00 Crore for completing all the works required to be done. -
COMPLIANCE STATUS ON DIRECTIONS ISSUED BY APPCB Vide Order Dt:
21.12.2021 -
S.No Direction VPT Compliance as on date * INIMEDIATE MEASURES:
-GOMPLIED-
The Port shall scrupulously comply with the all directions issued by the Board. from time to time including directions"
jgsued on 28.12.2015 and 02.03.2020.
Bh ~The Port shall ensure 100% covering of | ' dusiy cargo with tarpaulins.
-COMPLIED- ~™ _VPT ensured {6 cover ali the stacks - with tarp aus by 100% except. during load ding and unioading | 11 Direction VPT Compliance as on date __ S.No operations at particular stacks.
The Port shall restrict the stack height of measures to control fugitive emissions to.
3. -COMPLIED-
coal piles tc maximum 6mts. only under VPT ensure to restrict the stack any circumstances. heights to 6.00m. in port area. The PPP operators viz) VSPL & VGCB are. maintaining stack heights of about 10.00 at their terminal as per the consent order.
(Copies are enclosed for ready 7 ___ reference please)
4. Ni Port shall not store dusty cargo in the -COMPLIED- _ interface area under any ~VPT proposed to install MDSS- at: sieumetance even if the atea is covered other 4 areas ie LO area, Opposite | with MDSS. TM Office, Near MG Gate and along Coast Guard Office Road with an estimated cost of Rs..8.42 Crores is: proposed and expected fo be:. completed by June-2022. {copy of Action plan enclosed for reference please) 6, | The Port shall mechanize all dusty cargo -- handling berths immediately as alteady | directed. .
7, |The Port shall handle dusty cago | -COMPLIED- mechanized berths only, 8 The Port shail comply with green bal Tenders are being called for the target fixed under Green Visakha balance quantity of 30,000 plants Program. | TDC on 34.07.2023
9. |The Port shall provide CO Cameras at -COMPLIED- a dusty cargo areas including coal yard and CC Cameras are installed at all | connect to APPCB website. . Important areas of VPT. Connecting : the same to APPCB is not possible | keeping is view of National Security : imposed by Defence Department.
10. |The Port shail take alf necessary -COMPLIED-
comply with ambient air qualify standards. ply ) :12
S.No Direction __.__VPT Compliance as on date including meeiing of annual averages on | continuous basis. 2 |
11. | Fhe Port shall seek consent of Hon'ble | ~COMPLIED-
NGT for any deviations on the action plan | submitted by the Port delineating short.
term, medium term and jong term :
_ measures. fo 7 _ The Fort shail explicitly declare on nan-: VPT proposed to provide display | chandiing of dusty carga in non-: boards for non-handiing of dusty | mechanized berths by erecting display cargo in non-mnechanized berths. boards. | aah! x a It is therefore humbly prayed that this Hon/ble Tribunal may be pleased to record the above compliance report and close the above Original Application and thus render » justice.
6. The Andhra Pradesh Pollution Control Board also filed a status of compliance report of the directions issued dated Nil, e-filed on 13.04.2022 which reads as follows:-
"2
Quarterly report for the period trons: January, 2002 to March, 2022 bo campliance to Hooavhloe NG) order dated: O05 O08. 2026 & OS.041.2N227 bi the application No.gB/2015 fled by Cheitamya Sravanths Cirpantzation against Mos Vsakhapatnan: Port Trascneve dy}, Visalcha patio:
Invcomoptinance Lo tive Foon ble WG vide Order ch. O83. 01-2022 in OA No.oRB SSL S, APPOER: has submitted arepert to the Kun' ble NG. A capy af the repore submitted ta the Gon hte Nt oy SEOLAO2S is produced ateannekure-A. APPR bas reviewed '(Non-compliona: of the Action Plan wobonitucd by M/s. Visskhapaivant Pork Trust om D1.2.2621 ane ard divertious vide order dtr2h.L2.2021 to comply with, The Hoard OfGecisais faspeated the Pave *> TEYUSUATGa OF DOUG EO2S to werifie the statas uf oarcitiance For the clirections issteud bey the Board vice orter dt 2L02. 2022 and.wevion plan submithed by the M/s. VEC. The qaarterly teport for the period from January, 2022 to March, S022 in complance us the Hon ble NeT Order cate OS 08, 2020 & OS 222 in OA Naw bSy SOS imhere with submitted a Gallows:
rer ig We hi SU WLS Soe DY ALP ER to Mis, Visakhapatian Por Prost Vide order dh ZEIVS 20275
5. hes, Hirections -- Conmp lance i The Port shall oserupaleously P The complianmee eeport can the Beare comply with the ail Givections { directions dared 2Gc2 20758 & OAD EOgo issnied by the Board frorn thyie tre produced atannen ure-B. firme bclicting clireections issaed my SE 2200S. aad OS OA Oe
2. oe Porte shall ensure "LO0%) i y with covering oof dusty carga with | tarpaulins and the teriaining cbisty caren is Lar paling In doading ancl unloading condition.
So) Che Pork shall ceastrict the stack | 'Che height of the stack is bustrictad ta Gratrs Height of coal piles tea maximum G | im the stack yard but few coal stack heights mts woyeky wneher aah Are gmore than Go mits was observed during i clroumistances. inspection, Even directed sweeral uinnes by the Board Oitieiats, Ms. VT ts not rerreiering the stack height of cosl piles up to & mis te comply with the Board directten.
stare of alla 'Bore sh cargo Ta the oity interface area area, WjS-4 area, WEP LAL? ares, ivy RE - RS wuche arty circumstance, even if | area, v} TENA voces area, vO North-West the arca is covered with MBSS, Clover ab WOH, vil) NA yard ares, vit} old POL Gaodewry. The facility bas infos tbat they issued! e-procurernent notices tender on OF WLAO2E Por installation of MDSS at Lo 13 west of ORC along coast guard office road with an estimated cost of Rs.5.49 Crores and expected to be completed by June-2022.
The areas earmarked for dusty cargo shall be invariably covered with PLC based MDSS.
PLC based MDSS is provided at WOB area and water sprinkling system using PLC & SCADA at WQ-7 & WQ-8 is under progress. M/s.VPT has not submitted any proposal for installation of PLC based MDSS in ather Areds, 'The Port shall mechanize all dusty cargo handling berths immediately as already directed.
There are S-berths in the cuter harbour which are mechanized, There are 21 berths in the inner harbour as | detailed below:
East Dock area: EQ-1 to EO-10 = 10 berths.
West Dock area: WQ-1 to WQ-8 = 8 berths. Western Arm OR-1, OR-2.& FB =3 berths.
Qut of the above 21 berths the following are mechanized, 1} EQ-1 operated by M/s Adani.
2} EQ-10 operated by M/s AVR Infra.
3} WQ-5 operated by M/s Nalco.
VPT informed that EQ-8, E0-9, WO-6, WO-7 & WOQ-8 are already operated with semi mechanized system and they dropped the plan to mechanize EQ-2 to EQ-5 as it is not commercially viable. Hence the management. decided to handle dust free cargo fike fertilizers, food grains, bagged cargo, steel, granite ete.
The APPCB has stipulated a condition in consent order that, the port shall not handle the dusty cargo movement at the EQ-2 to EQ- 5 berths.
The Port shall handle dusty cargo in mechantzed berths only.
There are 5 herths in the outer harbour and 3 berths in immer harbour (EQ-1, EQ-10, WO-5} which are mechanized. M/s.VPT informed that other berths are already 14 operated with semi mechanized system and they dropped the plan to mechanize as it is not commercially viable. Hence the- M/s. VPT decided to handle dust free catrge like fertilizers, food grains, bagged cargo, steel, granite ele, The Port shall comply with green belt target Axed under Green ¥isakha Program.
The facility has informed that 30,000 plants are to be planted to-achieve 100% plantation under Green Visakha Program, The Port shall provide CC Cameras at dusty cargo 'areas including coal yards and connect fo APPCB welisite.
installed cC cameras and not connected to APPCE website. VPT informed that the connectivity to APPCB website is not possible in view of the security and safety of the areas because of the Defence Mevements through Port , HO.
The Port shall take all necessary measures to control fugitive emissions {f9 comply with ambient alr quality standards including meeting of annual averages on continuous basis.
The Port has taken the following measures to contral fugitive dust emissions:
1. The faciligy has provided MDSS ati) WOB area, ii) S-4 area, {if) L-1? area, iv) R2 ~ RS area, vy) TINA godawn area, vi} North-
West Corner at WOB, vif] NH yard area, viii} old FC] Godown.
2. The facility has provided 15 water tankers to cover all dusty cargo areas to sprinkle water.
3. At present the facility is having 4 Nas. of Mobile Fog canons and deploying fog machines at loading / unloading of dusty cargos at berths.
4, The facility is carrying out sweeping through 3 mechanical sweeping machines, Be ver has provided Truck tyre washings at 'B' ~ Ramp and Essar Junction, Both the Track tyre washings are in working condition,
6. vet has purchased 200 HDPE Tarpaulin 15 sheets to cover the dusty cargo with an estimated cost of Rs.17.5 Lakhs, #, The facility has taken up covering the various cargoes stacks with tarpaulins and aiso engaged required man power at acostof Rs.0.78 crores/annum.
8. PLC based MDSS is provided at WOR area, 11, | The Port shall seek consent of | Directed the facility to seek consent of Hon'ble NGT for any deviations | Hon'ble NGT for any deviations on the action on the action plan submitted by | plan submitted by the part detineating short the port delineating short term, | term, medium term and long teri measures. medium term and long term MIEASUYeS,
12. | The Port shall explicitly declare | Not complied, cn.non handling of dusty cargo in fion mechanized berths by erecting display boards;
Further it is to submit that, APPCB is regularly monitoring ambient air quality at 8 stations under NAAMP and 3 more stations for Port monitoring, Out of Lt stations, 5 Stations viz, Gnanapuram, Police barracks, ST' Alyesius Schosl, ST' fohn's Parish Schoel, Port Area Dispensary are located within a radius of 200 meters to 750 meters from port operations. The annual average RSPM {PMio} values measured at.5 locations during the period 2020 & 2021 are as follows:
SNo Location TRSPM (PMys) value in nef 2020 mn i | Gnanapuram 50.3 95.
2 } Police Barracks 74.9 88.1 3 | ST Alvosius Schoo! 794 53.8 4 | ST' joln's Parish School 108.6 7059 5 | Port Area Dispensary G24 OFS Annual Standard 60 nef?
As per the above air quality data, the average PMip values are exceeding the annual standard of 60 pg/Nm? during the year 2020 & 2021, The fallowing are the PMis values monitored for the period January to March, 2022 at Police Barracks, Gnanapuram Area, Port Area Dispensary, ST' Aloysius School and at ST 16 John's Parish School, Al the stations are located within a radius of 200 meters to 750 meters from port operations towards downwind wald direction.
5Na, Station Nate Standard jan-2022 Feb-2022 | Mar-2022 (24 Hours , fAnnual) | 1 | Police Barracks 100/60 | 105.0 113.0 96.0 2 | Gnanapuram Area | 6 100/ 60 | 168.0 09.0 108.0 3 | PortArea Dispensary | 100/60 | 940 101.0 104.0 4 | St Aloysius School 100/60 | 108.0 916 90.0 5 | St! John's Parish school | 100/60 | 112.8 97.0 99.0 Note, all values are expressed In ug/m?
As per the directions of AP, Pollution Contra! Board, M/s. Visakhapatnam Port trust has installed 3 CAAQM stations located at R & D Area, GCB area and at GVMC stadium. The following are the monthly averages for the last three months, Month Location GVMCStadium =| GCBarea | R&D YARD Parameter PM25 PMio PM25 PMie | PMos | PMio Standard(24 Hours} | 60 100 60 100 60) 160 Jan-2022 . 28,79 69,77 30.45 | 62:99 | 27.17 | 58.60 Feb-2022 2397 | Si8? | 2557 | 58.22 | 27.29) 50.58 Mar-2022 24.06 | 569 | 2451 | 5688 | 2608 | 62.22 Note: all values are expressed in pe/m?
Observations and Remarks:
1. The facility has provided MDSS ati} WOB area, 1 S-4 area, iti) L-1? area, iv) R2-R5 area, ¥}] TINA godown area, vi) North-West Comer at WOB, vit) NH yard area, vill} old PCI Godown, M/s.VPT is storing the dusty cargo Lé,, coal cargo near to elty interface at A,B at TM Office. There is no MDSS at A, B yards at TM Office, The facility is carrying out wetting through mobile water tankers at A, B at TM Office, 2, The fsellity has Informed that they issued e-procurement notice tender on 07.01.2022 for installation of MDSS at. L9 area, Opposite TM Office, Near MG Gate and west of OHC along coast puard office road with an estimated cost of Rs.5.49 Crores is proposed and expected ta be completed by June-2022.
3, initially M/s.VPT sappose to start the construction of 2 covered storage sheds of size 200m x 40m x TY m and 200 m x30m-x im at RG-R9 areas from 30.10.2020 for storing the dusty cargo, Later M/s. VPT informed that they prapesed to construct only one covered storage shed of size 400 mts X40 mts X17 mits at R11 area for storing the dusty cargo with an estimated cost of Rs28.61 crores and issued e-procurement notice Inviting tender{e-NIB) on 30,04.2021. The finalization of the tender suppose to be completed by 31.08.2021, but dil the tender has not finalized and started construction of covered shed, | 4, At present, the facility In addition to covered storage shed of size 400 mts X 40 mts X 17 mits at R11 area proposed another covered storage shed at R11 of size 300 mits X 17 40 mis X LP mts with an. estimated cost of Rs.aLo4 Cr and issued e-procure i Gmirs X 40 mers is 40.21 Crores and issued < 2022 & O7.O1.2022.
erent scensrins.
led to comply with the Board directions and action plan submitied by V) tgs has conducted mock drills on 28.04.2021, 04,06.2021, 28.072 "Airy continuousiy changing the proposals for construction af covered stora war curemenn petice tiviting taking up the canstractian of covered, stoyage shed till naw, therefore the 7 CB has issued directions vide order dh O2.02.2020 and Unposed ental Compensation of Rs. 195 crores and the faclity has nental Compensation accordingly.
Annexure-A Qaarteriy report. for the period from Noverber, 2G2% $0 femary, 2022 in cotnphiance to Har ble NOY order dated: 45.08, 2020 & O3.03. 2022 im the application WasB/2GrS tiled by t haiianya Sravanthi Organization apsing: M fs. Visakhapatrany Pork Tristey ery Visakhapatnam:
The Hobie NY vide Order it: 05.08.
20 bo thes spp Pradesh Pollution Contest Noard to comtinue the menitecing as per previous directhais and to submis quarterly reports to Hon'ble NGT. In-conipliance to the directions of the Hanh:
NOT, APPCY has subraitted quarterly reports to the Heornite NEE for x fram Augwusr 2020 to Qerober-RURD. 'Fhe Han't OSU} axa fires 'eo QUO 2029 arr z APPOS to Mle a cormpliarine se woitrected fo ascertain the navsre of action vs brtor eer, ey APRCE os ivend Fre of complaint vide dated. TB ayy Sri ML AL Rasook Advocate Kota, Veedi, Visakhavalre RECA AZO2T recebved by APPOR, & WIth reward to complaint dt:
Regiasal Office, Vieskhaoatnam fram Sri, M. A. Rasoaol, Adworete on. BO subriy thet APPCR bas reviewed neow-compla SHICeS of the Action he/aVietkhapatniarmn. Port Prasat before the Banrernal Advary Cammittes ws x APPUB fs Tis meeting held coy 07.12.2027 anil issued direchians wide order de 22 LE 2e The Gupy of the directions emer dated 22.12.2024 ts herasith submitted as Aumexure-d, A letter wee eddrassud to the cormplairiast Srp Mu A. Rasoal, Advocate of OY .OL 2028 regard echion taker by APPER for nem- compliance of the Action Flan submitted by Msn.
Visuithapatrarmy Port Trust to contral dust prdludion ts surroundings of dhe Port area. Phe copy af she jotheris hereeith submitted as Anmexire: i.
Yhe Board Officials inepected the Part Trust Avea.on 27.01.2022 towerity the status Lot al courptianes for the directions issuucd by the Board vide order ati 2 202) and ache plan sabmitred by the MMs. ¥PT. The quarterly report for the periua from Novemben, 2Oe4 she NIVE Orider dated 05 G8 2020 & 05 OF. 8022 in fo fantiary, 2AQZ2 ba camyidliasnce ta the Hon ThA MOO se OTG Js heresich submitted es follows:
Sauinbiauce Stalag fess) ipech ints issund by ABPCS tu M/s. Visakhapstnam Port Tensy ' cmplance Directibus }. Phe Pore scruputaasly nee report n the Leaeiply with the all directions ated 2R EA 2OTS & OBS 2 isswed by thea Board from tire te ] are herew ich subusitceedd y AreNUre TE. : Inglauding. directions i LS2G045 and O2.08 Be an sin re ' BOvE | garRo with Nara ub arc facdoardding ard antes iti ee ; 2. (The For shail strict the Sas The i Reipht of coal piles bo masher In the og ' mits aniby under ate j are more than G wits wes abserved < 7 inspection. Ryan ai i 18 HSTANCES. e Board Officials, M/s. VPT is nat ye eatricting the stack Retght of cod) piles an to 6 mis & comply with the Board direc 4 i Phe Port shall ao in the diy in The (achity has provid arpa, H) S--+ area, il} Liv ares harea, v) TINA godow AL aes, | the area is covered with MBSS. | Corner at WOR. vil} NA yard i :
RCL Godown, The facility has informed that under any circurastance, even H a they issied e-procurement notice tender ¢ Oo O7.04.2022 fer iastallation i area, Opposite TM Office, Near MG Gate 3 '% : - wast of OC slong coast guard office 3 with an estimated cost of Rs.5.49 Crore expected fo be campleted by June 20:
areas earmarked for dusty | PLC based MDSS is provided at V o shall be invariably covered (and water sprinkling system asing PLC & with PLC based MMSE, "SCADA at WO-? & WQ-8 is under pro | M/sVPT has not submitted apy steps for installation of PLC based SS in other areas.
& . The Port shall me mart The re are o 5 berths in the outer harhe:
© caren whichare mechanized.
"unumediatelyas There are 21 berths in th detailed below:
nner harber East Dock ares: £Q-1 to BO-18 = 16 berth UWest Dock area: WO-1 to WOsS8 = 8 berths.
Wester Arm OR-1,OR-2 & PB = 3-berths Dut of the above 21 berths the following a mechanized.
1) EQ-1 anerated by M/s Adard.
2) EQ-10 operated by M/s AVR Intra.
3} WOQ-5 operated by M/s Nalea.
VPT informed that EQ-8, EO-9, WOk6, WO : & WG-3 are already operated with semi! mechanized system and "8 # Boepe the | olah to mechanize EQ-2 t EG-5 as it is not | commercially viable, vence# the é Htatiagerh bi 'decided to handle fertilizers, food grains, ha _pranite ate.
GUS The APPCB has stipulsted a condition i:
consent order that, the pert shall net handle the dusty cargo miavementat the EOZ te B S berths.
7, 'Tie Port shail handle dusty cargo 1 There are $ bert hs in the water harbour in otechastized berths only 3 berths in inner harbour (2Q-1, ne WO-5} which are mechanized M/s.VPT- informed that other be:
ths are alrea ai 19 He ple 3 dropped t they le. Hence Hal not commerciaiiy th ge BOY Ww 2 ¥ hh t rH 3 Gusty #O car, t Ny Co aed ee schuding Faven x.
iy Be ae e bevau yerits ther se of the [hefence ao or ed é Seb area, Hi} LE?
\ ;
iy APE, Nos. of | aviAg ¢ h * oi resent the fachiry | / AtD 3 Mobile Fog canons ;
a ay te se end eo SG ae on ~ wet mY A genet ee Fd peel Sy i, Lo mitt 5 = Feat' fol & ay OD tt Pn OS os "Joe be er bed ta TL on co 4 ren hae won ee mS 3 eins it pe meluc mes at load t, ze) teu Tey A 3 +t sas provided ASEC el 1 6 VET has porch, argo with an ioe ge Xe é a eo 3 ets ta cover the d te sh x CES ste CAP goes yaritas au Pewer FAYE, y pa par by the t See SUOTTH ) plan 20 £ ety I 3 ies et k fs sity as g ¢ Ne O24 choal, SP 2026
-
pass iS R Ry = e om ted RP Op ius OF i 3 fad « Annual Standard :
tarry OCG ¥ Hi Ae sana Par { PR! deg 8 21 Observations and Remarks:
1.
"
she The faciuby has provided MDSS ari} WOE a eH }$-4.area, tii) L-1? area, iv} R2~ RS area, v} TINA godown area, vf) North-West Conner at WOR, vi} NE yard area, vill} ofd PCE Gocown, M/s.VPT is storing the dusty: cane Le. Coal cargo near to city interface ar A.B at TM Office, There is no MDSS at A, B yards at TM Office. The facifity is carrying out wetting through mobile water tankers at A, Bat TM Office The facuity has informed that they issued ¢- procurems nt notice tender on G7, 0L2022 for installation af MDSS at L9 area, Opposite TM Offce. Near MG Gate and west of GHC sone ceast guard office road with ap estime aver es custor Rs.5.49 Crores is proposed and ay expected to be completed by June-2022 initially M/s. VPT suppose to start the sieruch 2 covered storage Sheds af <ize 200m x 40m x 1? m and 200 om xitim x 17m at RE-RO areas fram 90.10.2028 for staring the dusty cargo. Later M/e.VPT inform ed that they proposed to construct only one covered storage shed of size 400 mts X 40 mis XL? mts at RL area for storing the dusty cargo with ah estimated cost of Rs.2 4 crores and issued e-procurement notice inviting tender{e-NIB) on 30.04.2021. The Hmalization of the tender suppose to be camplete by 31082021, bat HH the tender hag not finalised and started construction of covered shed. | At pregent, the Jacility in addition to covered stora age shed of size 400 mtg X 40 mts & 17 mts at RLL area proposed another covered stor: age shed at RIi of size 300 mts & AQ mts & 17 mts with an estimated cast of Red 3404 Cr. and issued e-procurement netics inviting tenderfe-NIB}) on O5.04,2022. VET p proposed another two covered storage sheds of size 200 mtrs X 40 mirs X17 mit rs each at R1G & RZ te RS areas with ai psumiated cost of Rs.40.21 Crores and issued e-procurement notice inviting *S cender(e-NIB) on G6.01.2022 & OF.OL2022. The copies of the e-procurement navice inviling tender {e-NIB} for covered storage sheds are herewith submitted as \niexure-l¥, The faciity continaously changing the proposels for construction af covered storage but not taking up the constraction af covered storage shed tH now, therefore the fatty failed to comnly with the Board d directions and action plan submitted by VPT, As per the APPCB Alr Quality Monitoring data monitored near port area, the anneal average PMie values are exceeding the annual standard of 60 pe/Nod during the vear 2020 & 2021, The annual average values of PMis & PMyy of hree. CAAQM stations monitored by M/s. ¥VPT are exceeding the annua! standard of 68 ug/Nm3 during the year 2020 & ihe iacilily has condacted mock drills on 28.08.2021, 04062021, 29. GF 2021, SU.08- 2021, 01.10.2021, 26.72.7024 1 ret shar, Recent Mock drill repart is herewith submitted as Annexure-¥ 22 A i uM so a = tt re
a) a oma xs Sm ae he pas of oe ae to ed es oz ar tos yy, APPCS bas reviewed Nea-compilance of ati if me TSaLiO ted by M/s Visakhapatnam Part Trust betore the External AdGicnes Carnitas [Park Veena at ab - mantiny bald an QPS 891 and Agvisory Committee (Task Force} of APPCB in its meeting bela on G7. 122021 and ¥ a bortiy oft Hye orine ada abe ht 4 A pee aca pelts qigtbls din directions vide order d24,.12.2021 t comply with, Hy le ale i at 2 v7 tis submitted that M/s, VPT shall take follwing necessa Measures io control fugitive emissions to comply with ambient air ¢ including meeting of annual averages on continuous basis:
geet acility shall complete the construction of progosed four covered storage sheas AUREL RIOR RE yOLTANS
2. The facility shall complete the balance 30,008 olants under geen yisakbs Programme by fun 2022. @ The faclity shail act handle any dusty cargo under any clraumstances at sem we mS as x 5 nized berths 8 the facility convert inte fully mechanized berths.
{ OPha Ah : ke Oftant wilao unta £ takers iy Sos pal
4. 'The facility shall restrict the stack helght of Goa ples upto 6 meters im entire port § bys aaratd MO? boc : rye 'eaaty 4 "Yue hoy 5, 'The faclity shal provided PLO based MDSS at all dusty carge stocking areas by seamhar D407 December 2022.
Yh Cotthe ohall aamntote Inebatiatan af 5 TM Ofes New
6. 'The facility shal complete installation af MDSS at LO area, Qppesite TM Office, Nea MG Gate and west of QUC along coast guard office road by June- 2022.
7. It is seen from the report that there are certain compliances and there are certain non-compliances as well. It is not possible for this Tribunal to monitor the implementation of the conditions imposed and the pollution aspect perpetually. It is the function of the regulator, namely the Andhra Pradesh Pollution Control Board. So, we feel that instead of directing them to produce the compliance report and issuing frequent directions directing the Andhra Pradesh Pollution Control Board to ascertain the compliance of the directions 23 issued and if there is any violation to take action against the 3" respondent- The Visakhapatnam Port Trust will be sufficient and that will meet the ends of justice, leaving open the right of the applicant to approach this Tribunal, if there is any violation found later for non-compliance of the directions issued by this Tribunal, future pollution or violations of conditions imposed. So, the application is finally disposed of with following directions:-
i) The Andhra Pradesh Pollution Control Board is directed to monitor the functioning of the 3% respondent - The Visakhapatnam Port Trust and if there are any violations of conditions imposed or non-compliance of the directions issued by the Andhra Pradesh Pollution Control Board, then, they are directed to take appropriate action against the 3 respondent including imposition of compensation for the violations and non-compliances committed in tune with the directions of this Tribunal in several cases of this nature on the basis. of the guidelines issued by the Central Pollution Control Board strictly in accordance with law after giving an opportunity to the 3" respondent regarding the proposed. action,..so that, if they are aggrieved by the order, their right to challenge the same before the appropriate authority will not be affected.
ii) The right of the applicant to approach this Tribunal for future violations or any pollution likely to be caused on account of the operation of the 3% respondent - The Visakhapatnam Port Trust is left open.
iii) The Registry is directed to communicate this order to the 37 respondent- The Visakhapatnam Port Trust as well as to the Chairman, Andhra Pradesh Pollution Control Board 24 (APPCB) for their information and compliance of the direction.
8. With the above observations and directions, the Original Application is disposed of.
Sd/-
sevssceeeneet)lUGvensceseesesceses J.M. (Justice K. Ramakrishnan) Sd/-
sssvevvsesingetincoecesscees E.M. (Dr. Satyagopal Korlapati) O. A. No.68/2015, (SZ) 29.04.2022,Sr. 25