National Green Tribunal
Arvind Pundlik Mhatre vs Ministry Of Environment, Forest And ... on 9 April, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Item No.01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 125/2018
(Earlier O. A. No. 163/2017 (WZ)
(I.A. No.209/2019, M.A. No.99/2019 & M.A. No. 103/2019)
Arvind Pundalik Mhatre Applicant(s)
Versus
Ministry of Environment and Forest &
Climate Change & Ors. Respondent(s)
Date of hearing: 09.04.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Dr. Sudhakar E. Avnad, Mr. Arvind S. Avnad,
Mr. Chetan R. Nagare and Mr. Lalit Moham,
Advocates
For Respondent (s): Mr. Mukesh Verma, Advocate for MPCB
Mr. Raj Panjwani, Senior Advocate with Mr.
Saurabh Kulkarni, Advocate for R-11
Mr. Guruprasad Pal, Mr. Shyamali Gadre,
Advocates Mr. Ramni Taneja a/w S.B. Patil &
Deepak Bobde, Dy. Engineer for R-6&7
ORDER
1. The matter pertains to pollution of river Kasardi on account of discharge of industrial effluents in Taloja industrial area on the outskirts of Mumbai.
2. In pursuance of order of this Tribunal dated 24.11.2017, a joint inspection was conducted by the Central Pollution Control Board (CPCB) and Maharashtra Pollution Control Board (MPCB) and a report dated 02.01.2018 was filed which was considered by the 1 Tribunal on 04.04.2018. The report found that CETP was functioning and was managed by Taloja CETP Co-operative Society Limited since 2013. CETP was not properly maintained. This was resulting in untreated industrial effluents being discharged in the water body causing damage to the eco-system and the health of the inhabitants as the said water was being used for drinking purpose also. The Tribunal, directed stopping of polluting discharge by the Taloja CETP Co-operative Society Limited. The society was required to deposit a sum of Rs. 5 Crores with the District Magistrate. The State Pollution Control Board (SPCB) was directed to conduct further inspection and suggest a road map in the matter.
3. The matter was again considered on 11.05.2018. Since CETP was still not functioning, SPCB was directed to shut down the erring industries. 18 industries were shut down and show cause notices were given to others, as recorded in the order of this Tribunal dated 31.05.2018. The problem, however, continued.
4. As per order dated 11.07.2018, the Tribunal noted the report that there was huge accumulation of sludge. The CETP was required to be repaired on account of several defects. 92 industries to which show cause notice was issued were also closed. The society was required to deposit the amount of Rs. 5 Crores as earlier directed in view of discharge of polluting effluents for the last five years. It was noted that the industries operating in the area had turnover of Rs. 6,000 Crore annually and could provide for resources to check pollution.
2
5. On 17.08.2018, the matter was again reviewed by the Tribunal in the light of report of the joint inspection by CPCB and MPCB dated 31.07.2018. The report concluded as follows:
"CONCLUSION AND RECOMMENDATIONS:
Due to closure directions and show cause directions from MPCB to member units 195 out of total effluent generating industrial units in the MIDC are discharging effluent to CETP. Thus, CETP is receiving controlled flow and concentration load in terms of COD and BOD. In spite of that CETP is not able to meet the norms. In full capacity the situation may be much worse. It can be inferred that the inlet condition is temporarily controlled due to closure directions of units. The inlet concentration though well within the design parameters of CETP except pH (acidic range) and Ammonical Nitrogen. The overall reduction of about 22% in the concentration of COD, from inlet to final outlet, indicates poor performance of CETP.
The CETP has not yet started implementing most of the recommendations made by the joint team of Central Pollution Control Board and MPCB during earlier visit. The only work of de-sludging from the collection tank near distribution chamber has been initiated. The de-sludging activity, handling storage of sludge was not found satisfactory. No proper records for the sludge removal and disposal are maintained by the CETP.
The diffused aeration system was not found adequate in terms of physical condition and performance.
The sludge dewatering, handling and storage system practiced by CETP found to be unsatisfactory as the SDBs of phase-II is not provided with leachate collection and transfer system. SDBs of Phase-I having leachate collection tank and flexible pipes are reportedly used for transfer of leachate to aeration tank. However, proper and fixed transfer system of leachate to equalization tank needs to be provided for both the phase. The decanter installed at the phase-II was not working.
Civil structure, railing of collection tank, aeration tank was found damaged and needs improvement.
The OCEMS and flow meter installed by the CETP at the inlet and outlet was not operational during visit as sensors were observed submerged in the sludge and proper working of sensor in such condition is technically not possible. Leakages from sludge transfer pump, glad leackage, accumulation of acidic wastewater near sludge drying beds of phase-II, 3 storage of sludge on open land adjacent to sludge drying bed near collection tank and overall housekeeping shows negligent approach.
The final outlet sample collected from CETP significantly exceeds MPCB discharge standards for the concentration of TSS, FDS, COD, BOD, NH3-N, TKN, phenols, PO4-P, Cl, S2, CN, Fe and Pb.
MIDC has to provide the final disposal point in the deep sea as suggested by NIO. MIDC also need to repair and maintain the leakage in the discharge pipeline.
It is therefore concluded that the CETP has not taken sincere efforts for execution of recommendations given in the earlier reports submitted to Hon'ble NGT. MPCB is in the opinion that change of the management committee of CETP, administration of Registrar of Societies to newly elected committee are the reason for the same. Thus, CETP continue to violate the MPCB discharge norms.
It is recommended that CETP should devise systematic time bound approach to address the issues starting from the very first step of treatment scheme to the end. The CETP management is required to revisit the recommendations made in earlier as well as in present reports and also to integrate efforts as stakeholders to implement them without further delay."
6. The Tribunal noted that severe pollution which was being caused which was required to be remedied and penal action was required to be taken against the polluters. The Tribunal directed the MPCB to take further action to restore the damage caused and to prevent further pollution. The amount of compensation required to be deposited was increased to Rs. 10 Crores. In view of magnitude of the problem and repeated failure on the part of the regulatory authorities, the Tribunal constituted a Monitoring Committee to execute the directions of this Tribunal to be headed by Justice V.M. Kanade, former Judge of Bombay High Court. The Committee was to take stock of the action so far taken and to propose a time bound action plan. The Tribunal also directed that online mechanism for 4 monitoring the performance of individual ETPs and CETP should be connected to the servers of the CPCB and the SPCBs. The Committee was to prepare action plan within one month. A joint Inspection Committee comprising the CPCB and the MPCB was to submit its report at the earliest.
7. Almost eight months have passed since the last order was passed.
We have taken up the matter today for further review. We find from the record that two appraisal reports have been received from Justice V.M. Kanade. The first appraisal report was received vide e- mail dated 11.12.2018 to the effect that meetings were held on 05.09.2018, 21.09.2018 and 19.11.2018 and an action plan with timelines was prepared. The report concludes as follows:
"It may be concluded that the performance of CETP has further degraded. Neither effective control on member units for effluent quality has been achieved, nor has effective improved operation of CETP been achieved. No serious thought is given towards achievements of commitments made by stakeholders as well as implementation & compliance of action framework submitted by the Committee. Stakeholders have not even given any thought for submission of status reports to the committee. The effluent being discharged by CETP has great potential to cause damage to the environment with continuous gross violation of norms. The Committee has decided to call a meeting of stakeholders in the third week of December, 2018 for review."
8. MPCB filed affidavit dated 11.12.2018 referring to the minutes of the Committee and the action plan prepared. It was stated that further work was in process.
9. The second appraisal report dated February 2019 has been filed by the SPCB before this Tribunal on 05.03.2019. The report mentions that the timelines for taking steps were reviewed in the meeting held on 21.12.2018 and it was found that the action plan had not been 5 implemented, as proposed. There was further review on 21.02.2019 which has been summarized as follows:
"• Repair and maintenance work of Phase-2 of CETP is still in progress and Phse1 of CETP is kept operational which shall be taken up for cleaning, maintenance & repair after completion of works of Phase-2. Surveillance monitoring of member units has been started and increased by CETP and MPCB.
• The entire work of CETP was reportedly planned in step wise manner for completion by consultant/contractors engaged by MIDC. It is worth to mention that Managing Committee of Taloja CETP and member industries decided to handover works of 0 & M of Taloja CETP and expansion project to MIDC. The first step comprising of cleaning, repair, and maintenance of Phase-2 of CETP was to be completed by end of January, 2019 while Phase-1 of CETP is kept in operation. However, the works of Phase 2 of CETP is still not completed, as the CETP is facing some problem with integration of other works and power supply line. Surprisingly, these problems were not envisaged at the planning stage by consultants of CETP. • The cleaning, repair, and maintenance of phase-1 of CETP is to be taken-up after completion of works of Phase-2. The reported target date of completion of works of Phase-1 of CETP is end of April, 2019. However, the works of Phase 2 is yet to be completed and Phase 1 is yet to be started. • Neither the target dates given in action framework are complied, nor are the target dates committed during previous meeting of the committee complied by the CETP for execution of the works of Phase 1 & 2 of CETP. It is gathered during meeting on 21.02.2019 that CETP & MIDC is still not in a position to give the expected date of completion of works of Phase 1 & 2 of CETP.
• In an effort to control at source of effluent, it was introduced for member industrial units to dispose effluent through pumping for positive discharge with lock & key arrangement so that deposition of suspended solids in lines and in CETP can be prevented. Maximum 02 months' time was given by the committee for completion of works during last meeting dated 21.12.2018. However so far only 92 out of 371 units are connected.
• Consent of CETP is pending for renewal and the CETP is operating without valid consent.
• It has been observed by the committee that actions and target dates are arbitrarily changed by the stakeholders without any intimation to the committee or Hon'ble NGT. Action points given in action framework, target date and status (available with committee as on 26.02.2019) are summarized in the following table:
S. Action Responsible Target Remarks No. Agency Date 1 To arrange awareness TMA & CETP 10th Nov, TMA arranged on programme for member 2018 27th December, units regarding effluent 2018 and CETP 6 treatment management arranged on 09th January, 2019. One more is proposed by TMA on 26thFebruary, 2019.
2 To prepare inventory of TMA 31st Oct, Still in progress.
the member units in 2018 Taking much more the given format and time than actually display on the TMA & required.
CETP website 3 To examine above Technical 15th Nov, Pending. Progress inventory (S. No. 2) Committee 2018 not reported. regarding adequacy of the treatment facilities and characteristics of effluent reported 4 To prepare separate TMA & CETP 30th Nov, Units with high plan for development of with expert 2018 COD have been appropriate treatment institution/ag identified by MPCB.
& disposal facility to ency However, action
the individual units with respect to
with high COD and/or identification of
high Ammonical units with high
Nitrogen (NH3-N) Ammonical Nitrogen
concentration content is not
initiated. No
progress reported by
CETP.
5 Opportunity for TMA & CETP 31st Oct, Progress not
selfdeclaration by 2018 reported.
individual units with
high COD and/or high
Ammonical Nitrogen.
(NH3-N) concentration
streams.
6 All member units to All member 01' Dec, Pending as CETP is
embrace for adequate units 2018 still receiving
pretreatment/treatmen effluent with higher
t facility for effluent concentration.
7 To review/assess no TMA & CETP 30th Apr, Progress not
effluent generation by 2019 reported.
753 non-effluent
generating units of the
MIDC
8 To remove sludge from CETP 10th Nov, Huge quantity of
all the treatment units 2018 sludge has been and
of CETP disposed and work
still in progress.
Works of Phase-1 of
CETP is yet to be
started.
9 To replace/repair of CETP 15th Nov, Work still in
pumps, flanges, 2018 progress. ConCrete
leaking pipes & updated information
aeration system, not provided. CETP
clarifiers, decanters is not in a position
etc. to give expected date
of completion.
10 To check development MIDC & CETP 30th Nov, Completed but
of laboratory and management 2018 concrete information
skilled manpower for in the form of report
analyzing different not provided.
parameters
11 To remove sludge from MIDC 10th Nov, Progress not
the existing collection 2018 reported.
sumps and disposal as
7
suggested by MPCB
12 To extend effluent MIDC Nov, 2019 Progress not
disposal pipeline with reported.
diffuser system up to
the point suggested by
NIO.
13 To display SOPs for MIDC 15th Nov, Progress not
repair & maintenance 2018 reported.
of pipelines, cleaning of
sumps and timelines
for extension of
pipelines on website.
14 To check default by TMA & CETP 30th Nov, Action initiated.
member units while 2018 Better coordination
sending effluent to required among
CETP and place on CETP, MIDC and
website MPCB.
15 To submit graphical CETP 7th day of Analysis results and
presentation of daily every graphical
average concentration month presentation not
values of effluent submitted. Progress
received and treated not reported.
effluent disposed to the
committee and display
on website
16 To strengthen the MPCB 31st Dec, Field officers are
manpower and 2018 posted. No shortage
infrastructure facilities of manpower
of the regional and reported by the
subregional office and Regional Officer of
place on website and MPCB to the
streamline issues of committee.
consent management
17 To place the list of MPCB 15th day of MPCB has
units found with status every reportedly issued 70
of compliance or month closure directions,
noncompliance with 82 proposed
respect to effluent directions and 109
discharge on website show cause notices
to the member
industries during
the period from
01.01.2018 to
20.02.2019.
18 To check the register TMA & CETP Once in a Apparently not
containing daily month (1St initiated. Progress
records of hours of Dec, 2018 not reported.
operation, power onwards)
consumed, effluent
treated, effluent
reused, salt generation
etc. in ZLD units
19 To prepare the action All the 15th day of Progress not "
points with time in a stakeholders every reported.
tabular form and month
submit the action (15thNov,
taken/status report to 2018
the members of the onwards)
committee.
10. The summary in the second appraisal report is as follows:
"SUMMARY 8 The committee suggested multipronged approach in action framework with more focus and stress upon cleaning, repair & maintenance of CETP and control on pretreatment by member units. Accordingly, following actions have been initiated by CETP:
• CETP has taken-up shut down of Phase-2 (10 MLD) plant from 17.11.2018 for cleaning, repair and maintenance. Phse-1 is kept in operation and to be taken-up subsequently for similar cleaning, repair and maintenance. • Huge amount of sludge has been removed from treatment units of CETP. Total 2235.66 MT of sludge is disposed during period from 21.11.2018 to 28.11.2018. Subsequently, 178.920 MT and 217.050 MT of sludge is disposed in common HWTSDF of Taloja on 31.01.2019 and 01.02.2019- respectively.
• CETP has arranged awareness programme for member units in compliance of the action framework.
• CETP has started monitoring of discharge of member industrial units.
Taloja Manufacturers' Association (TMA) has taken following actions to address the action points given in framework:
• TMA organized awareness prorgamme for member units on 27th December, 2018.
• TMA is organizing one more awareness programme for member units in association with MPCB and MIDC on 26th February, 2019.
• TMA is working on inventorization of the member units as per format prescribed in the action framework. MPCB has taken following steps to address action points suggested:
• Increased surveillance activities in the area and actions including closure, show cause directions have been taken against defaulter units besides directions for curtailment in water consumption and installation of online monitoring systems.
• The MPCB has reportedly filed prosecution against CETP before Hon'ble CAD, Panvel on 13.12.2018 for non- compliance.
The initiatives of committee has resulted in several steps and drastic reduction in concentration values in effluent at outlet of CETP, specially observed after December, 2018 but values are still much higher than standard limits. The pace of physical works related with cleaning, maintenance and repair of CETP is not satisfactory. Actions and target dates are arbitrarily changed by the stakeholders without any intimation to the committee or Hon'ble NGT for which committee has expressed dissatisfaction during last meeting with stakeholders. Adequate focus is not given by the stakeholders in recording and reporting of results of key parameters in the CETP namely flow, ammonical nitrogen and phenolic compounds. Attention has not been paid by stakeholders for regular submission of progress reports to the committee as reflected in Table given on page 5-8 above.9
CETP office has been observed very casual towards regular submission of status reports to the committee as prescribed in the framework. Office bearers of CETP failed to attend the meeting of the committee held on 21.02.2019. CETP has still reportedly not deposited balance amount of Rs Five Crore in compliance of the order passed by Hon'ble NGT in the matter. As the works of cleaning, repair and maintenance of CETP has been taken-up by MIDC, MIDC also shares responsibility of timely sharing of progress and compliance reports."
11. We have heard learned Counsel for the applicant. He submitted that in spite of repeated directions, CETP is not functioning and pollution is continuing. Only option before this Tribunal, to prevent pollution, is to permit only such industries to function which have stand alone ETPs which are fully complying with the norms or the industries which switch over to ZLD. Any industry not connected to CETP and not having its own satisfactory ETP or the industries which are connected to the CETP but not meeting the norms or till CETP meets the norms, must be closed.
12. Learned Counsel appearing on behalf of the Maharashtra Industrial Development Corporation (MIDC) has filed an affidavit on behalf of the MIDC to the effect that management of CETP has been taken over by the MIDC in pursuance of consent of the Taloja CETP Co- operative Society Limited as per resolution dated 13.10.2018. MIDC is to upgrade and expand CETP. It started its first phase from 01.11.2018 and Phase-II is under maintenance which will be completed in May 2019. Thereafter, Phase-I will be in maintenance. The action taken is as follows:
" Sr. Action Respon Target Remarks of Action Taken by Revised No. sible date Monitoring MIDC. Target Agency committee. dates 8 To remove CETP / 10th Huge quantity 1) After taking Work sludge Nov of sludge has over of work, it Completed.
from all MIDC 2018 been removed is seen that, the
the and disposed sludge from
treatment and work still treatment units
10
units of in progress. was not
CETP Works of removed since
Phase-1 of long back. There
CETP is yet to was about 2 to
be started. 3mts of sludge
in each tanks.
The sludge from
all the
treatment units
of Phase-2 is
removed. Uptill
now 2900MT of
sludge is
disposed.
2) After
commissioning
of Phase-2, the
Phase-1 of CETP
rehabilitation &
Up-gradation
work will be
started and
sludge will be
removed and
entire work of
Rehabilitation &
Up-gradation
will be also
completed.
9. To replace CETP / 15thN Work still in 1) In phase II Rehabilitati
/repair of ov progress. CETP, the de- on &
pumps, MIDC 2018 Concrete sludging & Upgradatio
flanges, updated cleaning of all n work is in
leaking information tanks is full swing
pipes & not provided. completed. Civil & will be
aeration CETP is not in repairs are also completed
system, a position to completed to by 30/05/
clarifiers give expected the tune of 95%. 2019.
decanters date of Internal
etc. completion. modifications of
Aeration tank,
secondary
clarifier is in
progress. New
mechanical
equipment are
being procure.
2) MIDC has CETP
also carried out phase I is
repairs of in
existing pumps, operation &
decanter of it is
pahse1 unit is proposed to
carried out and undertake
made in rehabilitati
operation. on &
Additional Upgradatio
diffusers are n work in
provided in hand after
aeration tank to completion
improve of work of
aeration. Phase II
11
CETP &
will be
completed
by 30/08/
2019.
10. To check MIDC 30thN Completed but All equipment of Work
developme & ov concrete laboratory are Completed.
nt of 2018 information in replaced with
laboratory CETP the form of new equipment.
and skilled manag report not The manpower
manpower ement provided. is trained and
for having
analysing experience of 8
different to 15 years. The
parameter List of
s. equipment
provided is
attached
herewith.
11 To remove MIDC 10th Progress not 1) The sludge Work
sludge Nov reported accumulated in Completed.
from the 2018 all units of the
existing Phasell CETP
collection plant is
sumps removed.
and
disposal 2) Presently
as Phase-I CETP
suggested plant is in
by MPCB operation. 30/08/
Hence after 2019
phase-II CETP
plant which is
under
rehabilitation,
Upgradation, is
made
operational after
completion of
work, the sludge
removal from
Phase-I CETP
plant as well
rehabilitation &
Up-gradation
work will be
completed by
30/08/2019.
3) The sludge In progress.
accumulated in
the MIDC
effluent
collection sump
at Phase II is
removed in the
month of May
2018. The
agency has been
finalised for
periodic removal
of sludge in
Phase --II tank.
12
12 To extend MIDC Nov.2 Progress not 1) NIO 30th Nov
effluent 019 reported. completed study 2019
disposal of extending
pipeline pipeline &
with suggested to
diffuser extend by
system 3.3Km further
from existing
7.72Km. so total
line will be
11.02Km. 2) The
estimate is
being framed for
the work
including PMC.
13 To display MIDC 15th Progress not Entire effluent Work
SOPs for Nov reported. collection lines Completed
repair & 2018 repairs,
maintenan replacement and
ce of remodeling
pipelines completed in all
for respect.
extension
of
pipelines
on
website.
14. To check TMA & 30th Action Vigilance team Continuous
default by Nov initiated is formed, which monitoring
member CETP/ 2018 Better is collecting the action to be
units while coordination samples and carried out
sending MIDC required daily report is for
effluent to among CETP, being prepared. satisfactory
CETP and MIDC and The fortnightly performanc
place on MPCB reports of e of CETP
website. defaulting to achieve
members are the
being furnished disposal
to MPCB for norms.
necessary
action.
15 To submit CETP/ 7th Analysis Graphical Work
graphic al day of results and representation completed.
presentati MIDC every graphical for 7th Dec, 7th However, it
on of daily month presentation Jan, 7th Feb and is
average not submitted. 7th March is continuous
concentrat Progress not prepared and process of
ion values reported. submitted. As monitoring
of effluent suggested by & analysis.
received monitoring
and committee daily
treated work progress is
effluent submitted to
dispose d MPCB by e-mail.
to the
committee
and
display on
''
website.
13
13. In view of above undisputed position that pollution is still continuing, the only option is to shut down the industries which are source of pollution till remedial action is taken. Learned Counsel for the MIDC as well as MPCB are unable to provide any other solution.
It is made clear that mere fact that MIDC has assigned the work to a contractor does not absolve MDIC of its responsibility of operating CETP as per norms.
14. Accordingly, we direct the MPCB to forthwith suspend the Consent to Operate to the industries in the area not meeting the norms and permit them to operate only after remedial steps are taken. Steps in this direction be taken within two weeks from today. Whether a particular industry is complying or not complying with the norms is the matter to be decided by the MPCB in accordance with law.
Action taken report be furnished to the Committee and the Committee may take a final call in the matter, in case of any surviving issue.
15. Learned Counsel for the Taloja CETP Co-operative Society Limited states that a sum of Rs. 6.1 Crores has been collected and deposited with the District Magistrate. The remaining amount may be collected and deposited with the District Magistrate by MIDC. The amount may be spent on restoration of damage to the environment by furnishing an action plan to the Committee.
List for further consideration on 23.07.2019.
Adarsh Kumar Goel, CP 14 K. Ramakrishnan, JM Dr. Nagin Nanda, EM April 09, 2019 Original Application No. 125/2018 (Earlier O. A. No. 163/2017 (WZ) DV 15