National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Government Of ... on 7 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No. 12 & 13:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.259 of 2020 (SZ)
With
Original Application No.02 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion
Suo Motu based on the news item in
The Indian Express, Newspaper dt. 09.12.2020,
"Andhra town Eluru hit by „mystery‟ illness,
Traces of lead, nickel in blood samples",
News item in The Time of India, Newspaper
Dt. 08.12.2020, "Heavy metal content in water
Caused mysterious disease in Andhra Pradesh" &
News item in NDTV, dt. 09.12.2020,
"Lead, Nickel found in blood of people with
Mystery illness in Andhra"
...Applicant(s)
Versus
The Chief Secretary of Govt. of Andhra Pradesh
And Ors.
...Respondent(s)
With
Tribunal on its own motion
Suo Motu based on the news item in
The Hindu, edition dated 15.12.2020,
"Kolleru (West Godavari Dt.) "Mystery illness raises
Concerns over Kolleru Pollution"
...Applicant(s)
1
Versus
The Chief Secretary to Govt. of Andhra Pradesh,
Andhra Pradesh and Ors.
...Respondent(s)
Date of hearing: 07.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
O.A. No.259/2020:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R7.
O.A. No.02/2021:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R8.
ORDER
1. The above two cases have been Suo Motu registered by this Tribunal on the basis of the newspaper reports published in The Indian Express dated, 09.12.2020 and also in The Times of India dated, 08.12.2020 under the caption "Andhra Town Eluru hit by „mystery‟ illness, traces of Lead, Nickel in blood samples", "Heavy metal content in water caused mysterious disease in Andhra Pradesh" respectively and a news item 2 published in NDTV dated 09.12.2020 under the caption "Lead, Nickel found in blood of people with mystery illness in Andhra Pradesh" and also in The Hindu dated 15.12.2020 under the caption "Mystery illness raises concerns over Kolleru Pollution".
2. Further, this Tribunal also considered the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.176 of 2019 (A.P. Chandrashekar Vs. State of Andhra Pradesh & Ors.) dated, 05.01.2021 in respect of the alleged pollution in Kolleru Lake and on the basis of the report submitted by the District Magistrate, Machilipatnam of Krishna District, the Principal Bench had disposed of the matter and it is not known as to whether the recommendations made by the District Magistrate in that case has been implemented or not.
3. Since the learned counsel appearing for the State respondents in both the cases submitted that the State of Andhra Pradesh had already appointed a high level committee to go into the question and certain reports have been obtained and on that basis, steps will be taken to redress the issue, this Tribunal has not appointed any separate committee to go into the question.
4. When the matter came up for hearing today through Video Conference, Mrs. Madhuri Donti Reddy represented respondents 1 to 7 in O.A. No.259/2020 and respondents 1 to 8 in O.A. No.02/2021.
35. In O.A. No.259/2020, the Andhra Pradesh Pollution Control Board had submitted a status report dated 12.01.2021 which reads as follows:-
"Report submitted by Andhra Pradesh Pollution Control Board in pursuance to the order dated 16.12.2020 in O.A. No.259 of 2020 passed by the Hon'ble National Green Tribunal, Southern Bench, Chennai.
Introduction: The present report is submitted in pursuance to the order dt. 16.12.2020 of this Hon'ble Tribunal in O.A. No. 259 of 2020, whereby SUO - MOTU notice was issued to the Andhra Pradesh Pollution Control Board "APPCB"
hereinafter and the Board was directed to file a report.
The Chairman, Andhra Pradesh Pollution Control Board (APPCB) is respondent No. 4.
The APPCB is primarily submitting the present report submitting the following:
Details of the incident:
An unusual incident occurred in Eluru town on the evening of 05.12.2020, leading to sudden hospitalization of people residing in the region, exhibiting symptoms of convulsions, vomiting, drowsiness etc. II. Monitoring conducted by APPCB & its inferences:
1. APPCB officials carried out ambient air quality monitoring on 06.12.2020 at the following locations to assess the ambient air concentrations of PM10, SO2, NO2, Ammonia and Heavy metals.
a) Sanivarapupeta, Eluru municipality
b) Dakshinapuveedhi, Eluru municipality
c) Vangayagudem, Eluru municipality The analysis results are enclosed as Annexure - I. The following inferences were drawn from the results:
The ambient air concentrations of PM10, SO2, NO2 & NH3 were observed to be within the limits of NAAQ Standards.
Heavy metal concentrations of Lead, Nickel and Arsenic in particulate matter were also within the limit of NAAQS.
2. APPCB officials also carried out Surface Water 4 sampling on 06.12.2020 from the following locations, to assess the quality of the surface water, which are the primary sources of drinking water supply to Eluru town.
a) Reservoir (Godavari Water) (Water supply for Eluru Municipality) near Denduluru
b) Pampulacheruvu Outlet, Eluru Municipality
c) Kotadibba Water Tank, Eluru Municipality
d) J.P. Colony Water Tank, Eluru Municipality
e) Gandhi Colony Water Tank, Eluru Municipality
f) Panchyathi Water Tank, ZP High School, Sanivarapupeta, Eluru
g) Ashok Chakaram Road, 6B - 11-20, Eluru
h) Ashok Chakaram Road, 6A - 12 -20, Eluru
i) D.No.6A - 11-21, Vadiragudem, Eluru
j) D.No.6A - 11-31, Vadiragudem, Eluru
k) Krishna Canal, near Pampala Cheruvu
l) Pond - 1 of Pampala Cheruvu
m) Pond - 2 of Pampala Cheruvu The analysis results are enclosed as Annexure - II. The following inferences were drawn from the results:
Physicochemical analysis:
The analysis results for physico - chemical parameters viz., pH, Dissolved oxygen, COD, TDS, Chlorides, Hardness, Calcium, Magnesium, Alkalinity, Phosphates, Sulphates, Fluoride, Nitrates and Ammonia were observed to be normal.
Heavy metal analysis:
Heavy metal analysis was carried out for Nickel, Arsenic, Lead, Chromium, Iron, Copper, Zinc and Cadmium and the results are within norms except Iron reported to be 2.18 mg/lt at pond - 2 of Pampula cheruvu against the standard of 0.3 mg/lt.
3. As per the instructions of the Administration, West Godavari District and Commissioner, Health & Family Welfare, Govt. of AP, the officials of APPCB again collected surface water samples on 08.12.2020 from the following locations for the complete analysis of physicochemical parameters, heavy metals, Bacteriological and pesticides.5
a) Eluru Canal (Godavari Water) near Denduluru (V & M)
b) Reservoir (Godavari Water- Water supply from Eluru Municipal Corporation), near Denduluru (V & M)
c) Intake well of water treatment plant (Godavari water) of Eluru Municipal Corporation
d) Treated water sample collected before chlorination
e) Treated water sample collected after chlorination
f) Treated water sample collected Kotadibba water tank
g) H/o Sri Vemula Gopiah, D.No: 6A-11-31, Vadiragudem, 5th Division
h) Krishna Canal, Near Postal Colony
i) Pond - 1 of Pampula Cheruvu, Eluru Municipal Corporation
j) Pond - 2 of Pampula Cheruvu, Eluru Municipal Corporation.
The analysis results are enclosed as Annexure - III. The following inferences were drawn from the results:
Physicochemical analysis:
The analysis results for physico - chemical parameters viz., pH, Turbidity, Dissolved oxygen, COD, TDS, Chlorides, Hardness, Calcium, Magnesium, Alkalinity, Phosphates, Sulphates, Fluoride, Nitrates and Ammonia were observed to be normal.
Heavy metal analysis:
Heavy metal analysis was carried out for Nickel, Arsenic, Lead, Chromium, Iron, Copper, Zinc, Cadmium, Mercury, Barium, Aluminium, Manganese and Silver.
Concentration The concentration of Lead in Kotadibba water tank (overhead tanks) was observed to be 0.0174 mg / l which is slightly higher than the standard of 0.010 mg/l.
The concentration of Mercury in Eluru canal was observed to be 0.0011 mg/l which is slightly higher than the standard of 0.0010 mg / l.
Organo Chlorine Pesticides:
Analysis was carried out for residues of Organochlorine pesticide namely Alpha - BHC, Beta - BHC, Gamma - BHC, 4,4‟ 6
- DDD, 4,4'DDE, 4,4'DDT, Aldrin, Dieldrin, Endosulphan - 1, Endosulphan Sulphate, Endrin, Heptachlor, Heptachlor Epoxide, Methoxychlor, Endosulphon II, Delta - BHC and Endrin aldehyde.
No traces of organochlorine pesticides were detected in surface water samples.
Bacteriological Analysis:
Analysis was carried out for the presence of T-Coli & F
- Coli bacteria.
In treated water samples, the T - Coli & F - Coli bacteria were absent.
4. APPCB officials carried out simultaneous sampling of Ground Water at the following locations during the visit of NEERI officials on 12.12.2020.
a) H/o D.No.6A-11-17, Dakshinapuveedhi.
b) Near Varasiddi Vinayaka Temple, Kothapeta.
c) H/o S. Nageswararao, Thurupuveedhi.
d) H/o D.No.38-5-7, Padmaraveedhi.
e) Near Graveyard, Tangellamudi, Thurupuveedhi.
f) H/o D.No.2-11-7 / 2, S. Satyanarayana house.
g) H/o D.No.17-3-4, Md. Saleem house, Vangayagudem.
h) At DFC Food Court, RR Peta.
i) Agri gold Apartment, Pathebadh.
j) H/o D.No.21-379, Ponangi.
The analysis results are enclosed as Annexure - IV. The following inferences were drawn from the results:
Physicochemical analysis:
The analysis results for physico - chemical parameters viz., pH, Turbidity, TDS, Chlorides, Hardness, Calcium, Magnesium, Alkalinity, Phosphates, Sulphates, Fluoride, Nitrates and Ammonia were observed to be normal.
Heavy metal analysis:
Heavy metal analysis was carried out for Nickel, Arsenic, Lead, Chromium, Iron, Copper, Zinc, Cadmium, Mercury Barium, Aluminium, Manganese and Silver.
The concentration of Manganese in Turupuveedhi was 7 observed to be 1.495 mg/l which is higher than the standard of 0.1 mg/1.
The concentration of Mercury in RR Peta was observed to be 0.0012 mg / l which is slightly higher than the standard of 0.0010 mg / 1.
Organochlorine Pesticides:
Analysis was carried out for residues of Organochlorine pesticide namely Alpha - BHC, Bela - BHC, Gamma - BHC, 4,4‟
- DDD, 4,4'DDE 4,4‟ DDT, Aldrin, Dieldrin, Endosulphan - 1 Endosulphan Sulphate, Endrin Heptachlor, Heptachlor Epoxide, Methoxychlor, Endosulphon - II, Delta - BHC and Endrin aldehyde.
No traces of organochlorine pesticides were detected in surface water samples.
III. Study conducted by CSIR - NEERI, Hyderabad and its inferences:
APPCB entrusted the study of air and water quality in and around the affected areas of Eluru to CSIR - NEERI, Hyderabad. The CSIR - NEERI carried out the studies during the period from 10.12.2020 to 12.12.2020. The CSIR - NEERI submitted the report on 21.12.2020, which is enclosed as Annexure - V. The CSIR - NEERI in their report stated that: Ambient Air Quality:
In the ambient air quality study it is found that the concentrations of particulate matter were found to be high and exceeding the NAAQS largely in the study area. Higher values of particulate matter may be due to vehicular traffic, re - suspended road dust, burning of solid waste, windblown dust and agricultural and construction activities. Gaseous pollutants are found to be very low and not significant.
The heavy metals in the particulate matter are found to be higher in terms of arsenic, boron, copper and zinc.
The arsenic concentrations in the particulate matter are exceeding the NAAQS at all locations except at Pattebada. Higher levels of these may be due to vehicle transportation, waste incineration or burning, oil and coal 8 combustion, sewage sludge incineration, and construction activities.
Ground and Surface water Quality:
The overall water quality for Surface and Ground water is satisfactory. In terms of heavy metals, Iron and Manganese were found to be slightly higher than BIS Standards for Drinking which may be due to geological Origin.
Presence of Mercury in Surface and Ground water is alarming and it needs deeper scientific study to ascertain the reasons for high levels of Mercury Organochlorine pesticides like Alpha - HCH, Beta - HCH. Gamma - HCH, Delta - HCH, Aldrin, Dicofol, Alpha endosulfan, pp - DDE pp '- DDD Beta - Endosulfan, Endosulfan Sulfate, Heptachlor. Heptachlor epoxide were analyzed in groundwater and surface water samples and the concentration of all compounds were observed to be below detectable level. Similarly, organophophate pesticides and herbicides including Phorate, Dimethoate, Fluchloralin, Parathion Methyl, Alachlor, Malathion, Chloropyrifos, Pendimethalin, Butachlor, Profenofos, Quinalfos and Ethion were analyzed and found below detectable levels in all samples except for choloropyrifos in ground water.
Soil Quality:
The texture of most of the soil sample collected is sandy clay loam with moderately fine texture ranging moderate to strong Alkaline pH. The soils are having low CEC with Normal ESP.
The heavy metal concentrations in the study area are below Screening and response levels as per MoEF & CC Guidance Document for assessment and remediation of Contaminated sites in India.
Organochlorine and organophosphate pesticides concentration in soil samples were observed to be below detectable level.
Remarks:
1. As mentioned in the news papers the suspected cause for the incident reported by the All India Institute of Medical 9 Sciences (AIMS) is due to the presence of Lead and Nickel found in excess to the desirable limits in the blood samples of affected people. Further AIIMS indicated the symptoms of affected people may be due to Organochlorine pesticides.
2. From the studies conducted by CSIR - NEERI, it was observed that there was no contamination of surface and ground water of Eluru town due to Lead and Nickel. Even as per APPCB analysis reports there was no contamination of surface and ground water of Eluru town due to Lead and Nickel except at one location i.e. Kotadibba water tank (overhead tank) the concentration of lead is 0.0174mg / l, slightly higher than the standard of 0.010mg / 1.
3. In Surface water, high levels of Mercury ranging from 1.0 to 9.0 ppb were reported by CSIR - NEERI, the maximum found in location at Krishna Canal. As per APPCB results, the concentration of Mercury is ranging from 0 to 1.1 ppb, the maximum value reported in Eluru canal, Near Denduluru which is marginally higher than the standard.
4. In Ground water high levels of Mercury ranging from 1.1 to 26 ppb were reported by CSIR - NEERI, the maximum found in location at RR Peta. As per APPCB results, the concentration of Mercury is ranging from 0 to 1.2 ppb, the maximum value reported at the same location RR Peta which is marginally higher than the standard.
5. Other heavy metal concentrations in surface and ground water are observed to be within the norms except Iron and Manganese detection in few locations at slightly higher concentrations.
6. Organochlorine pesticide residues were not detected in the analysis carried out by both CSIR - NEERI and APPCB in ground and surface water. CSIR - NEERI reported presence of Chloropyriphos in excess of the standard in ground water samples at 1 location (Opposite to H.No: 21-379, Construction land, Ponangi).
7. As per Ambient air quality monitoring (conducted from 10.12.2020 to 12.12.2020) of CSIR - NEERI, higher concentrations of Particulate matter are reported. Ambient air 10 concentration of Lead and Nickel is found to be within the whereas slightly higher concentrations of Arsenic was reported which may be due to vehicle transportation, waste incineration or burning, Oil & Coal combustion and construction activities. APPCB carried out AAQM at 3 locations from
06.12.2020 to 07.12.2020. Concentrations of Particulate matter and Heavy metals (Lead, Arsenic and Nickel) are within the NAAQ standards.
8. CSIR - NEERI recommended that Periodic Assessment on monthly basis of all environmental components including critically identified pollutants need to be conducted for at least next 6 months to ascertain the occurrence of certain heavy metals in ambient air and presence of mercury in both groundwater and surface water.
9. The Government of A.P. constituted a multi disciplinary committee headed by the Chief Secretary to the Government to investigate source of episode and suggest remedial measures to prevent any occurrence of such events in future. (Annexure - VI)
10. APPCB proposes to carry out Air and water quality monitoring on monthly basis for a period of six months to ascertain the presence of Mercury in Surface and Ground water samples and presence of heavy metal concentrations in Ambient air.
The above report is placed before the Hon'ble Tribunal for its kind consideration to pass appropriate directions."
6. It is seen from the remarks that high level mercury was found in certain areas as per the report submitted by the CSIR, NEERI and other heavy metal concentrations were also found in the surface and ground water.
117. The Andhra Pradesh Pollution Control Board also filed another status report dated Nil e-filed on 17.02.2021 and received on 19.02.2021, wherein, they have reported as follows:-
"Status report on Hon‟ble NGT order dated 06.01.2021 in O.A.No.2 of 2021 and in OA No. 259 of 2020 It is to submit that the Hon‟ble NGT has taken up Suo Motu in O.A.No.02 of 2021 the incident of "Mystery illness raises concerns over Kolleru pollution" based on news paper clipping published in Hindu Newspaper on 15.12.2020 status. It is alleged that large scale pollution is caused in Kolleru Lake and other water bodies in AP and people are suffering from Mysterious diseases on account of drinking of the polluted water in Kolleru Lake. The Hon‟ble NGT vide order dated 06.01.2021 in OA No.2 has directed to post the matters along with matters of OA No. 259 of 2020.
The Board submitted report in O.A.No.259 of 2020 to the Hon‟ble Tribunal in December 2020 regarding deaths in Eluru on account of mysterious disease. It was submitted that:
1. As mentioned in the news papers, the suspected cause for the incident reported by All India Institute of Medical Sciences (AIIMS) is due to the presence of Lead and Nickel found in excess to the desirable limits in the blood samples of affected people. Further, AIIMS indicated the symptoms of affected people may be due to Organochlorine pesticides.
2. From the studies conducted by CSIR-NEERI, it was observed that there was no contamination of surface and ground water of Eluru town due to Lead and Nickel.
Even as per APPCB analysis reports, there was no contamination of surface and ground water of Eluru town due to Lead and Nickel except at one location i.e. Kotadibba water tank (overhead tank) the concentration of 12 lead is 0.0174mg/l, slightly higher than the standard of 0.010mg/l.
3. In Surface water, high levels of Mercury ranging from 1.0 to 9.0 ppb were reported by CSIR-NEERI, the maximum found in location at Krishna Canal. As per APPCB results, the concentration of Mercury is ranging from 0.0 to 1.1 ppb, the maximum value reported in Eluru canal, Near Denduluru which is marginally higher than the standard.
4. In Ground water, high levels of Mercury ranging from 1.1 to 26 ppb were reported by CSIR-NEERI, the maximum found in location at RR Peta. As per APPCB results, the concentration of Mercury is ranging from 0 to 1.2 ppb, the maximum value reported at the same location RR Peta which is marginally higher than the standard.
5. Other heavy metal concentrations in surface and ground water are observed to be within the norms except Iron and Manganese detection in few locations at slightly higher concentrations.
6. Organochlorine pesticide residues were not detected in the analysis carried out by both CSIR-NEERI and APPCB in ground and surface water. CSIR-NEERI reported presence of Chloropyriphos in excess of the standard in ground water samples at 1 location (Opposite to H.No: 21-379, Construction land, Ponangi).
7. As per Ambient air quality monitoring (conducted from 10.12.2020 to 12.12.2020) of CSIR-NEERI, higher concentrations of Particulate matter are reported. Ambient air concentration of Lead and Nickel is found to be within the norms whereas slightly higher concentrations of Arsenic was reported which may be due to vehicle transportation, waste incineration or burning, Oil & Coal combustion and construction activities. APPCB carried out AAQM at 3 locations from 06.12.2020 to 07.12.2020.
13Concentrations of Particulate matter and Heavy metals (Lead, Arsenic and Nickel) are within the NAAQ standards.
8. CSIR-NEERI recommended that Periodic Assessment on monthly basis of all environmental components including critically identified pollutants need to be conducted for at least next 6 months to ascertain the occurrence of certain heavy metals in ambient air and presence of mercury in both groundwater and surface water.
9. The Government of A.P. constituted a multi disciplinary committee headed by the Chief Secretary to the Government to investigate source of episode and suggest remedial measures to prevent any occurrence of such events in future.
10.APPCB proposes to carry out Air and water quality monitoring on monthly basis for a period of six months to ascertain the presence of Mercury in Surface and Ground water samples and presence of heavy metal concentrations in Ambient air.
As regards to the apprehensions of the people that polluted water of Kolleru Lake might cause mysterious diseases as reported in Eluru and the surrounding areas, the following report is submitted on Kolleru lake pollution for kind perusal:
A. About Kolleru Lake:
1) Kolleru Lake is one of the largest fresh water Eco System (Wetland) in India of international importance recognized under Ramsar Convention (Iran 1971). The Kolleru lake is located in between Latitudes 16°13' & 16°45' North and Longitudes 81°05' & 81°21' East and is about 35 Km away from the coast i.e. Bay of Bengal. It is formed between the alluvial plains of Godavari and Krishna Rivers due to natural geological formation covering 7 mandals in West Godavari District and 3 mandals in Krishna District 14 of Andhra Pradesh with an extent of 30,855.20Ha (77,138 Acres) upto +5‟ contour of the Lake. Several drains from upstream are ending in Kolleru lake and outlet of Kolleru lake is through Upputeru to Bay of Bengal
2) Hydrology and drainage:
Kolleru Lake is spreading over an area of
2,25,000 acresupto +10‟ contour with rich biodiversity.
Water spread area of Kolleru lake is as follows:
Upto +10‟ contour MSL 2,25,250 Acres
Upto +7‟ Contour MSL 1,68,750 Acres
Upto +5‟ contour MSL 77,138 Acres
Mean Sea Level (MSL)
3) Catchment Area:
The total catchment area of Kolleru Lake is
11,90,750 Acres. Out of which, the catchment area in upland area is 8,50,750 Acres and 3,40,000 Acres in delta area. Four streams namely Budameru, Ramileru, Tammileru&Gunderu and drains in Krishna and West Godavari Districts join the lake and the Upputeru drain is the only outlet from Kolleru Lake to the sea i.e., Bay of Bengal.
4) Declared the Kolleru Lake as "KolleruWildlife Sanctuary" and also protected area under Wildlife Protection Act, 1972.
The Government of Andhra Pradesh vide G.O.Ms No.120, Environment, Forest, Science and Technology (Forest-III) Department Dt.04.10.1999 under Section 26-A of the Wild Life (Protection) Act, 1972, declared 308.55 Sq.Km (30,855.20 Ha) area as "The Kolleru Wild Life Sanctuary" covering 45 villages in West Godavari District and 29 villages in Krishna District for protection of birds and other wildlife.
15B. Action taken by APPCB:
APPCB is not issuing consents/permissions to any industry to discharge treated/untreated effluents to outside the industry premises or to any drains/canals within the radius of 10 KM from +5 contour of Kolleru Wildlife Sanctuary. The Board is also not permitting any new industrial activities within the radius of 10 KM from +5 contour of Kolleru Wildlife Sanctuary. Hence, no pollution due to industrial discharges.
C. Monitoring of water quality of Kolleru Lake and the drains joining into Kolleru Lake by APPCB:
The APPCB has been monitoring the water quality of Kolleru Lake, the drains joining into the Lake and its outlet every month at the following locations in West Godavari District & in Krishna District.
Drain Sampling points:
West Godavari District:
1) West Thammileru.
2) East Thammileru.
3) Bulusuvagu drain.
4) Thokalapalli drain.
5) Pandikodu drain.
6) Kovvali drain.
7) Mondikodu drain.
Krishna District:
8) Chandraiah drain at Gudivada.
9) Budameru drain at Puttagunta.
10) Narasannapalem drain at Arugolanu.
11) Polraj drain at Pillipadu.
12) West Tammileru, Vangayagudem.
Lake sampling points:
16West Godavari District:
1) Gudivakalanka bridge.
2) Kokkirayalanka bridge.
3) Chettunnapadu bridge.
Krishna District:
4) Pedaedlagadi
5) Chinaedlagadi
6) Kolletikota
7) Circarcanal
8) Srungavarappadu Outlet of Kolleru Lake:
9) Upputeru at Alapadu bridge, Krishna District.
The samples are tested for physio-chemical and bacteriological parameters. The monitoring results for the period from 2010- 2020 are enclosed as Annexure-I. Inference on drain points data:
The average pH value in all the drains joining into the Kolleru lake are observed to be in the range of 7.03 to 8.20 over the period against the suggested range of 6.5 to 8.5. As per the „CPCB Primary Water Quality Criteria‟ for designated best uses of water, water quality is suitable for the propagation of Wildlife and Fisheries.
The average Dissolved Oxygen (DO) values in the major drains joining into Kolleru lake are observed to be in the range of 3.0 mg/l to 7.0 mg/l over the period. As per the „CPCB Primary Water Quality Criteria‟ for designated best uses of water, water quality is suitable for the propagation of Wildlife and Fisheries. The required DO value for propagation of Wildlife and Fisheries is 4.0 mg/l only.17
Inference on Lake points data:
The average pH values in the lake over the period are observed to be in the range from 7.2 to 8.0 as against the suggested range of 6.5 to 8.5 vide „CPCB Primary Water Quality Criteria‟ for designated best uses of water, indicating the water is suitable for propagation of Wildlife and Fisheries.
The average DO values, which were around 2 mg/l earlier (2010 to 2012), is observed to be improved to about 6.0 mg/l during the last 5 years (2015 to 2020) in the Kolleru Lake and its outlet Upputeru which indicates the water quality of the lake is improved. The required DO levels for the propagation of Wildlife and Fisheries in the lake is 4.0 mg/l only as per the „CPCB Primary Water Quality Criteria‟ for designated best uses of water.
The analytical data is compared with CPCB Primary Water Quality Criteria of surface water for
designated best use and observed that it falls into Class-D i.e. Propagation of Wildlife and Fisheries, which indicates the water is suitable for propagation of Wildlife and Fisheries.
Pesticides residues in the drains and lake:
In addition, samples are also tested for pesticide residues during the years 2019 and 2020 and observed that pesticide concentrations are below detectable limits except Heptachlor Epoxide which is also below drinking water standards. Copy of the analysis report is enclosed as Annexure- II.
D. STP construction by Eluru Municipal Corporation:
Eluru Municipal Corporation is constructing of 5 MLD STP and civil works were completed to 60%.
It is submitted that the Board has further taken the following actions after submitting the action taken report to Hon‟ble NGT in OA No.259/2020 on 05.01.2021:18
The Board collected drinking water samples of 9 Municipalities (Akiveedu, Bhimavaram, Palakole, Narsapuram, Tadepalligudem, Nidadavole, Jangareddygudem, Tanuku) and 1 Nos of Municipal Corporation (Eluru Municipal Corporation) on 09.01.2021 & 10.01.2021 and analyzed and observed that proper chlorination is required as coliforms are present in the treated water of these Urban Local Bodies (ULBs). Other parameters are meeting the drinking water standards. Analysis reports are enclosed as Annexure - III.
As suggested by NEERI, Board conducted Ambient Air Quality Monitoring from 05.02.2021 to 06.02.2021 for Heavy Metals in Eluru city and also collected Surface and Ground water samples in the same locations to ascertain the presence of Mercury and analysis is under progress.
The Board collected the samples of drinking water supplied to the people of Pulla (V) located at a distance of about 25 km from Eluru city, wherein few mysterious disease cases were registered on 19.01.2021. As per the analysis, the samples were meeting the drinking water standards of ISI0500:2012. Analysis report enclosed as Annexure-IV.
The Government has constituted a Multi-Disciplinary Committee headed by the Chief Secretary to Government to Investigate the source of episode. The committee recommended continuing the services of AIIMS (All India Institution of Medical Sciences) and IICT (Indian Institute of Chennai Technology) to investigate the source of episode on long term basis and to suggest remedial measures to prevent reoccurrence of such incidents in future.
The board has been monitoring the Kolleru lake on regular basis. As per the findings of the analysis of water of drains as well as Lake water, no pesticides residues beyond standards was observed. Further, no industrial discharges are allowed in to Kolleru Lake. The Hon‟ble NGT disposed O.A. No.176 of 2019 on Kolleru Lake pollution on 05.01.2021 with observation that no further orders appears to be necessary. The 19 Hon‟ble NGT observed that there is an improvement in the water quality of Kolleru Lake waters in respect of pH and Dissolved Oxygen (DO) when compared to CPCB primary water quality criteria for designated best uses of water, indicating and suitability of water in the lake for the propagation of wildlife and fisheries, as per the regular monitoring carried out by the Andhra Pradesh Pollution Control Board.
No industrial effluents are joining into the Kolleru Lake and lake water is not the drinking water source to any village as it falls under Class -D as per CPCB Primary Water Quality criteria and is suitable for propagation of Wildlife & Fisheries only. Further, observed that the convulsion illness cases were registered in the month of December, 2020 in Eluru Town and its surrounding villages only and no cases were registered around the Kolleru lake area.
The above report is placed before the Hon‟ble Tribunal for its kind consideration to pass appropriate directions."
8. It is very surprising to see from the report that no industrial effluents are joining in Kolleru Lake though large number of reports have alleged that industrial effluents are being discharged into the lake. It is also reported that the lake water is not the drinking water source to any of the villages, as it falls under Class - D as per CPCB Primary Water Quality criteria and it is suitable for propagation of wildlife and fisheries only. It is also mentioned in the report that no cases were registered around the Kolleru lake area.
9. It may be mentioned here that water bodies are intended for using it not only for the drinking purpose but also for irrigation purpose. It is understood that Kolleru Lake is one of the largest fresh water lake in 20 Andhra Pradesh. If that be the case, the authorities are expected to maintain the lake and improve the water quality into either Category - A or Category
- B, instead of keeping in the Category - D.
10.Nothing is mentioned in the report regarding the steps taken by the authorities for improving the water quality, when it is the biggest fresh water body available in the Andhra Pradesh and it is also mentioned in the report itself that it is one of the largest fresh water ecosystem (wet land) in India of international importance recognized under the Ramsar Convention.
If that be the case, there is a responsibility cast on the authorities to take steps to improve the water quality and make use of the same for drinking and irrigation purposes as well, so as to protect the water body and quality of the water.
11.When this was pointed out, the learned counsel appearing for the State departments submitted that they will come with a further action taken report or any plan for the State Government to improve the water quality in that lake. The APPCB should also file a factual report on the pollution of Kolleru lake caused by Industries, Agricultural operations & sewage discharge. They are expected to carry out the analysis scientifically by collecting the samples at (1) inlets and outlets of the Industrial zones which are ultimately draining into the Kolleru Lake, (2) confluence points of major drains into the Kolleru Lake - surface water samples and sediment 21 samples to be tested, (3) in case any settling ponds have been established prior to the joining of the drains into the lake, then samples of both surface water and the sediments in the settling ponds should be tested. The APPCB is expected to undertake the study comprehensively and not resort to filing a report based on cursory studies. The report has to be approved by the Chairman prior to submission.
12.As regards the report of the committee is concerned, the State of Andhra Pradesh has filed a report of the multi disciplinary committee dated Nil e-
filed on 30.03.2021 and received on 31.03.2021 wherein, after making lot of discussion, source of the outbreak and recommendations have been made which reads as follows:-
"SOURCE OF THE OUTBREAK According to the experts, toxins are likely to be the most probable cause of this outbreak Among the toxins, the pesticides are most likely to present similar encephalopathy. Among pesticides also, organo - chlorides are most likely to be the cause of the outbreak.
From the epidemic curve with a sudden onset on 4 December and steep rise, peaking was observed between 5th and 7th December. Subsequently the cases started declining from the 8th onwards. There was no case reported from 130 December onwards. After analyzing the above epidemic curve, case sheets of the patients, reports from different labs and inputs from different expert agencies involved, it can be categorized as a point source outbreak which was non-propagative in nature. It was a case of acute exposure to a substance rather being a chronic one. It is indicative of a common single exposure 22 source. Another important observation is that whatever was the source is no more there in the system as no case has been reported 13thDecember onwards.
The likely source of such kind of encephalopathy can be water, milk, vegetables and fruits. Nickel was found in Milk, but nickel cannot cause such encephalopathy and hence can be ruled out. The source cannot be meat or fish as 87% of the patients did not consume non vegetarian food in the last couple of days prior to the incident. Vegetables like tomato and brinjal have been found with Metribuzin (herbicide). But had it been the source, the geographical expanse would not have been confined to urban area alone. It would have spread to rural areas as well. So vegetables can be the source only if some contamination occurred after the arrival of the vegetables to the market in Eluru and the vegetables got contaminated after the stock arrived in the market.
Coming to the likelihood of water being the source of contamination. None of the agencies have reported the presence of organo - chlorines in the water samples taken from the source, reservoir and the storage tank. So the central water supply was clean. The water samples collected from the households had some presence of Triazophos (organo phosphate compound) but the concentration was not too high and also the control samples also found the presence of Triazophos. Thus, contamination of water locally being the source cannot be substantiated or ruled out either. This requires a detailed study of the water supply system of Eluru municipal corporation over the next few months to arrive at a conclusion.
Thus there is a need of involving reputed national Institutions like AIIMS, IICT, NEERI on a long term basis to find out the exact source and also to prevent the event from reoccurring. The teams will make a deep - dive to unearth the most likely source of the episode. It would require systematic sampling of all likely culprits from origin to human consumption.23
Since water test results from all agencies indicated that there is no presence of heavy metals or pesticides beyond the allowed limits, it can be safely said that the present water supply is potable and safe for Human Consumption.
RECOMMENDATIONS The Committee, after several rounds of in depth deliberations, arrived at several recommendations which can be broadly categorized as short term action strategies and long term preventive strategy.
The preventive strategy will involve following:
1. Involving reputed national Institutions like AIIMS, IICT, NEERI on a long - term basis by the District Administration. The teams will make a deep - dive to understand further the nature of the episode. It would require systematic sampling of all likely sources from origin to human consumption. Water food air and sail analysis on a long term basis need to be done with a proper research design and sample design. Data collected needs to be analyzed to arrive at a long term strategy. The study must go beyond the Eluru city and shall include the west Godavari and East Godavari districts due to the similar nature of topography irrigation and agro climatic conditions. Teams from AIIMS, New Delhi, IICT Hyderabad, PHFI with its Indian Institute of Public Health, Hyderabad would conduct these studies which shall be assisted by the District Collectors.
2. A Multidisciplinary Health and Environment Monitoring Framework need to be developed for these studies. A Monitoring cell for this purpose will be opened under the aegis of EFS & T department with representation (not below the cadre of Joint Director) from department of Health, Agriculture, Environment, Animal Husbandry and Municipal administration. All line departments shall give necessary assistance to this multi-agency, multi-disciplinary team.24
3. A high level committee under the Chairpersonship of Chief Secretary to the government may be set up with senior officers from department of Health, Agriculture, Environment, Animal Husbandry, Irrigation and Municipal administration.
4. This high level committee shall get action plans prepared by all the line departments for monitoring water, food, air, soil, Agriculture, Aquaculture residues etc. on a regular basis. Further, the implementation of these action plans shall be monitored by the High level committee constituted.
5. Surveillance plan of action for identifying source of heavy metals in blood in Eluru Municipal Corporation area needs to be developed by the municipal department in co -
ordination with the Andhra Pradesh Pollution Control Board. A statistical database with periodical updating needs to be developed for items like water supply including both surface and ground water at all possible tapping points. All food sources shall also be closely monitored for heavy metals. Further industrial sources including sewerage and solid waste management practices of the Eluru corporation shall be closely monitored for finding out and eradicating presence of heavy metal in the human beings in Eluru area. This activity shall be coordinated by the AP Pollution Control Board.
6. A broad study of the entire West Godavari district with regards to above parameters is required for a comparative study with Eluru Municipal Corporation area. If required both districts of East and West Godavari shall be included in these studies. The AP Pollution Control Board shall undertake this study in coordination with Municipal corporation, Eluru.
7. Since the pesticides are likely to contribute to such episodes, it is very crucial that the banned compounds like DDT, DDE Endosulfan should not reach up to the agricultural fields. Strict implementation by the regulatory authorities is required for this. Department of Agriculture is advised to submit a detailed action plan within one month to achieve this goal.
258. Promotion of organic and nature - based farming should find key place in the agricultural policy. ZBNF wing of agriculture department to identify all villages in and around Eluru Municipal Corporation area for promoting agriculture of vegetables following the organic farming methods. Dedicated outlets to be opened in Eluru Municipal Corporation area for marketing and sale of the organically grown products. Department of Agriculture should also submit a detailed action plan for this within one month.
9. Surveillance plan of action for monitoring the quality of milk needs to be developed by the Animal Husbandry department within one month.
10. Usage of Chemicals for Aqua farming in areas surrounding the Eluru city needs to be reduced in the long run by the fisheries department. Surveillance plan of action for monitoring the aquaculture in the west Godavari district to identify and stop usage of any banned products needs to be developed by the fisheries department within one month.
11. Setting up of state of art labs at Vizag, Guntur and Tirupati under the aegis of Health Department. These labs should have the capacity to detect all kinds of organo - chlorines and organo - phosphates in all mediums like water, food, blood, serum etc. They should also be able to detect all kinds of heavy metals especially lead, nickel, and mercury etc. in all mediums like blood, blood serum, water milk and vegetables etc. Further each district also should have one lab for water and food analysis. Samples from different sources, establishments and locations in the entire state need to be randomly checked periodically in these labs. A scientific matrix of sampling needs to be evolved so that regular surveillance on food materials and water is maintained in the district labs. Regional labs should have advanced facilities at par with research institute labs for testing blood and serum.
2612. Irrigation Department should take up detailed study to identify possible sources of contaminants / Pollutants in Eluru canal at the earliest.
The steps to be taken up in the short term for immediate action are detailed below
1. Irrigation Department should take up cleaning of the Eluru Canal immediately and also submit an action plan ensuring prevention of car wash and battery residues in the Eluru Canal within one month.
2. The municipal water supply management forms the cornerstone. Regular testing along with documentation needs to be ensured. While the water samples tested by the MA & UD indicated that the water supplied by Eluru Municipal Corporation is safe and as per standard, periodic checking must be ensured to rule out any contaminants. Similar system must be brought in place for all municipal water supply systems in the State.
3. The municipal water quality needs to be checked for more parameters like organo - chlorines and organo - phosphates on a periodical basis. Currently the water samples are checked for certain parameters like TDS etc. only.
4. Stand - alone RO units should also be checked for presence of heavy metals in water used by Institute for Preventive Medicine (IPM), AP Vijayawada.
5. Solid Waste management in Eluru needs to be analyzed for any likelihood of heavy metals leeching into the soil and then reaching to the human food chain through ground water. This task shall be taken up by the Municipal Administration and Urban Development (MA & UD) department.
6. Periodical inspections of prominent Rythu-bazaars and market places and sample collection for heavy metals and 27 pesticides presence should be taken up by the Marketing department.
7. Entire distribution network including pumps, ESLR's and pipelines should be thoroughly checked for material integrity and the same should be done on a regular basis in future. Steps should be taken to keep the entire system under positive pressure at all times in the future. This should be done by the Municipal Administration and Urban Development (MA&UD) department.
8. Testing of pesticides/ weedicides/ fertilizers etc. being used in the district must be taken up by Agriculture Department to ensure proper quality."
13.Certain short term and long term measures were also provided to meet the situation and also identified the possible source of contaminants/pollutants in Eluru canal, as certain heavy organo-chlorines and organo-phosphates and other heavy metals like Mercury, Lead and Nickel. As the presence of heavy metals shows that either it should have been caused through food chain or through water, that is the reason why the irrigation department was directed to conduct a detailed study to identify the possible sources of contamination especially organo-chlorides and also to take up cleaning of the Eluru Canal immediately and also submit an action plan ensuring prevention of car wash and battery residues in the Eluru Canal within one month. Certain directions have been given to other departments as well, so as to restrict/prevent pollution either to the water or to the soil which has caused on account of mysterious disease found in that area.
2814.It is also mentioned in the recommendation that the municipal water quality needs to be checked for more parameters like organo-chlorines and organo-
phosphates on a periodical basis. Apart from that, they are also directed to monitor the level of heavy metals like Lead, Mercury and Nickel as well by conducting analysis and resort to the remedial measures to remove those metals from the water.
15.As regards the Solid Waste Management Rules, 2016 is concerned, they have not mentioned anything about the existing legacy waste and what are all the steps taken by them to dispose of the legacy waste, if any, in a scientific manner as provided under the Solid Waste Management Rules, 2016.
16.When this was pointed out, the learned counsel appearing for the State of Andhra Pradesh submitted that they will come with a detailed further report regarding the study, if any, done on the basis of the recommendations and also the remedial measures, if any, taken to mitigate the circumstances.
17.The State of Andhra Pradesh is directed to give direction to the Irrigation Department to conduct studies as directed and submit a report to this Tribunal. As regards the Kolleru Lake is concerned, the Irrigation Department, Andhra Pradesh Pollution Control Board and the Forest Department are directed to submit a detailed report regarding the steps to be 29 taken for improving the water quality in that lake.
18.The respective departments are directed to submit a report to this Tribunal on or before 28.07.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
19.The Registry is directed to communicate this order to the official respondents including the Principal Chief Conservator of Forest & Head of Forest Force, State of Andhra Pradesh and Chief Secretary, Principal Secretaries for Environment and Irrigation of State of Andhra Pradesh, Andhra Pradesh Pollution Control Board by e-mail immediately for their information and submission of report as directed.
20.For consideration of further reports, post on 28.07.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A. No. 259/2020, O.A. No.02/2021, 07th June, 2021. Mn.
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