National Green Tribunal
C Sengodan vs State Of Tamil Nadu Department Of ... on 1 February, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Thursday, the 01st day of February, 2024.
Original Application No. 11 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF
1. C. Sengodan,
S/ Chinnapan,
4/5/5° Keel Chinnagoundampatti,
New 26th ward, Tharamanagalam Municipality,
2. S. Sakthivel,
Environmental Protection & Anti Pollution Group,
S/o PK Subramaniyam, Kattu Velayutham Street,
6th ward, Tharamangalam, Salem-636502
...Applicant(s)
Versus
1. Department of Enviornment & Forest and Climate Change,
Rep by its Principal Secretary to Government of Tamil Nadu,
Secretariat, Chennai- 600009.
2. Department of Municipal Adminstration and Water Supply,
Rep by its Principal Secretary to Government of Tamil Nadu,
Alandur Road, Gunidy Industrial Estate,
Secretariat, Chennai- 600009.
3. The District Administration of Collectorate,
Rep by its Collector,
Salem- 636001.
4. Tamil Nadu Pollution Control Board,
Rep by its District Environmental Engineer,
Siva Tower, 2nd Floor, Salem- 636004.
5. The Municipality,
Rep by its Commissioner,
Tharamanagalam,
Salem- 636502.
...Respondent(s)
For Applicant(s): None
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R5..
Mr. S. Sai Sathya Jith for R4.
1
Judgment Reserved on: 11th January, 2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The issue in this application is regarding the non-implementation of the Solid Waste Management Rules, 2016, Plastic Waste (Management and Handling) Rules, 2011 and Other Waste Management Rules by the 5th Respondent/Tharamangalam Municipality.
2. According to the applicants, no steps have been taken by the Tharamanagalam Municipality to prohibit the use of banned single use plastic bags and there is no proper collection and disposal of the waste generated in that area. Huge amounts of legacy waste are lying in the dump yard and without scientifically disposing of the same, they are using the illegal method of burning, which results in vast air pollution.
3. It is stated that burning of plastic releases toxic gases like dioxins, furans, mercury and polychlorinated biphenyls into the atmosphere and poses a threat to vegetation, human and animal health. Burning of plastic waste increases the risk of heart disease, aggravates respiratory ailments. Burning of plastic also releases black carbon which contributes to air pollution. 2
4. Further, no steps are being taken by the Municipality for applying the"3R Principle" (Reduce, Reuse and Recycle) in respect of use of plastic. Instead they are mixing with the other waste without segregation and sending it to the recycling units and RDF units and burning the same with other waste which is against the provisions of the Solid Waste Management Rules, 2016 and Other Waste Management Rules.
5. The grounds raised by the applicants are:
(i) Usage of banned plastics items, carry bags continuously is illegal and environmentally unsustainable.
(ii) The respondents have not taken any action under the provisions of the Plastic Waste (Management and Handling) Rules, 2011 and they failed to monitor and enforce the provisions of the Solid Waste Management Rules, 2015.
6. On the above grounds, the applicants filed this application seeking the following reliefs:-
(i) To declare the burning of the plastic items and solid waste near the Govt. Elementary School Keel Chinnagoundampatti and the residential area of Chinnagoundampatti by the 5th Respondent as violation of Plastic Waste (Management and Handling) Rules, 2011 and Solid Waste Management Rules, 2015.
(ii) To restrain the burning of plastic and carry bags and solid waste near the school and the residential area of Chinnagoundampatti.3
(iii) To direct the respondents 1 to 5 find out alternative places and mechanism for waste storing and management.
(iv) To direct the respondents 2 to 5 to install electric cremation furnace with high tower chimney.
(v) To direct the 2nd Respondent release the fund to 5th Respondent to set up electric cremation furnace.
(vi) To direct the respondent 5 to impose fine for violators for usage of banned plastics and plastic carry bag and banned plastic products in municipality limit. (vii) To direct the respondent 5 to initiate criminal prosecution against the violators under the provision of the environmental legislation.
(vii) Pass such further or other orders as this Hon'ble National Green Tribunal SZ may deemed fit and necessary in the interest of justice."
7. In response to the above, the 4th respondent, Tamil Nadu Pollution Control Board, filed an independent report. It is stated that the total area of Tharamangalam Municipality is 9.72 sqm and it is having around 30,222 numbers of population. The Municipality is generating 8.7 MT per day of solid waste in which 4.5 MT are wet waste and 4.2 MT are dry waste.
8. The report also states that after the water and air analysis, everything is exceeding the parameters and Pollution Control Board has also given certain directions to the Municipality to deal with the issue. 4
9. The 5th respondent, Tharamangalam Municipality, has filed several status reports. As per status report dated 27.03.2023 administrative sanction of Rs. 96.10 Lakhs has been accorded for segregation and disposal of 13,785 M3 legacy waste under the scheme of 'Swachh Bharath Mission 2.0' through the bio-mining method to carry out the work. The technical sanction was also accorded on 15.07.2022 and the work order was issued pursuant to the same to M/s. New Age Environment Solutions Private Limited on 30.08.2022.
10.The report states further that under the bio-mining process, removal of the legacy waste had been carried out by the contractor and as on date, 6540 M3 of waste has been segregated and disposed of. The remaining waste will be segregated and disposed of within a period of three months through the biomining process.
11.The construction of the Micro Composting Centres is also in progress. Nearly, 50% of the same is completed and the entire project will be completed within two months time i.e. on or before 31.05.2023.
12.The Municipality has another status report dated 06.10.2023 which reads as follows:
"3. In accordance with the Tharamangalam Municipal Commissioner and Special Officer in its Council Resolution No.13 Dated 19.01.2022, an action is taken to remove the historical wastes about 13785M3 which was measured by the appropriate authority ie, Anna University in the S.No.244/3 ward 26 of Keelchinnagoundampatti, Tharamangalam Municipality. The historical wastes accumulated in the said site for a period of 40 years that is the jurisdiction of the then Tharamangalam Town Panchayat.5
In this regard, a proposal has been submitted to the Director of Municipal Administration, Chennai on 24.2.22 requesting fund allocation for disposal of the historical waste under Scientific method.
4. It is respectfully submitted that the Tharamangalam Municipality has been upgraded from Town Panchayat as per Government Order (Status) No.117 Municipal Administration and Water Supply Department dated 07.12.2021 and is now functioning as a developing Municipality. As per the record, the total extent of the Municipal area is 9.72 sq.km. and as per the 2011 census, the population of the Municipality is 30222 and the present population averaged is 32035. The Municipality is consisting of 27 wards. Total of 9.61 MT of Maxi collected from all the wards on daily basis sub dry and wet Waste.
5. It is respectfully submitted that, based on the Tharamangalam Municipal Commissioner and Special Officer has been passed Council Resolution No.13 dated 19.01.2022 and the proposal sent to Director of Municipal Administration on 24.02.2022, Administrative sanction at an estimate of Rs.96.10 Lakhs has been accorded by the Director of Municipal Administration Chennai vide the proceedings Roc.No.9512/2022/SBM dated 20.06.2022 for segregation and disposal of 13785M3 historical waste under the scheme of Swachh Bharath Mission 2.0 through Bio Mining method to carry out the work. Technical Sanction has also been accorded by the Chief Engineer, Office of the DMA, Chennai vide proceeding Roc No 001/2022/D01 dated 15.07.2022. After following due procedures, Work order was given to the New Age Environment Solutions Pvt. Ltd. on 30.08.2022. Under Bio Mining process, removal of the historical wastes has been carried out by the selected' company since then. As of now 13785'3 of waste has been segregated and disposed.
6. It is respectfully submitted that at time of submission of Anna university Professors recommendation on 06.06.2023 Page no.13 Para no.3. The DPR Contour Report indicates that contour of the garbage at site varies from 97.69m to 101.89 and the average depth of legacy waste is about 2.46m. However the total volume of legacy waste measured (insitu form) at Tharamangalam Burial Ground dumpsite is found to be 23.023m3 and the average depth of the legacy waste is found to be 3.98m. it was observed that approx 2500 cum of fresh waste dumped after releasing the DPR report till 2 December 2022 and legacy waste is present below the reference level of the initial contour survey for an average depth of Im. Hence there is an increase in Volume of 9183 cum from the DPR Volume. It is advisable to process the additional quantity (9183 cum) of waste till natural soil level to reclaim the land fully.
7. It is respectfully submitted that, based on the above report a proposal has been submitted to the Director of Municipal Administration, Chennai for getting financial assistance for processing and disposal of the additional quantity of waste vide the Municipal Commissioner, Tharamangalam Letter Roc No.552/2021/P1 Date.02.05.2023 and awaited necessary orders.
8. It is respectfully submitted that after obtaining Administrative Sanction with financial assistance from the Director of Municipal Administration, Chennai the additional quantity of Waste 9183 cum will be segregated and disposed within 4 months of time period through Bio Mining Process.6
9. It is respectfully submitted that in order to dispose the waste collected on daily basis in Tharamangalam Municipality by utilising the Resource Recovery Park is situated in S.No.244/3 The Collected waste in Which Bio-degradable Waste are converted into manure and given to farmers. Non-Biodegradable waste in which unsold plastics sent to shop care recyclable plastic company, Rasipuram and the amount collected from sold Plastics is being disbursed to the Sanitary Workers.
10. It is respectfully submitted that Two Micro Composting Centres is now Construction in S.No.244/3 with the capacity of 3MT each total of 6 MT at an estimate cost of Rs.69.00 lakhs. Administrative sanction was accorded by the Director of Municipal Administration vide Proceeding Roc.No. 20860/2022/SBM on 25.07.2022. Further, Technical sanction was accorded by the Chief Engineer office of the DMA chennai vide proceeding Roc.No.64/2022 dated 23.08.2022. In this regards, Resolution passed by the Municipal Council No.181(6),182(7) dated 30.08.2022 and Work order has been awarded to Arul Lakshmi Constructions on 25.09.2022 for Construction of the Micro Composting Centres in the said premises. Now, the Constructions of Micro Composting Centres are completed and effected.
11. It is respectfully submitted that the historical waste measured 13785 cum by the Anna university in S.No 244/3 has been segregated and disposed through Bio Mining Method fully. Now, the additional quantity 9183 cum measured by them will be segregated and disposed within further period of 4 months after getting necessary sanction from the Director of Municipal Administration, Chennai at the Remindar letter also sent to same on 21 07.2023 to getting Administrative sanction.
12. High Power Committee for SBM (2.0) has approved 8460m3 of Legacy Waste Removed by Biomining Process and Estimate cost of Rs.65.00/- sanctioned.
13. Letter was Regional Director of Municipal Administration via this office proceedings on ROC No.552/2021/B1 Dated.26.09.2023. to get Administrative sanction for Biomining.
14. After getting Administrative Sanctioned with Proper Technical Sanctioned and Tender Process, the Legacy Waste was Fully removed from the area. As the estimate cost of Rs. 65,00,000/- is also sanctioned and the micro composting centres are also constructed and completed and put into use."
13.Yet another report dated 21.11.2023 was filed by the 5th respondent. It states about the two of the Micro Composting Centres (MCCs) present in Sy. No.244/3 at Chinnakavundampatti Nagar, Salem. The MCCs are operating under the Solid Waste Management Program. The total amount of garbage received in the municipality is 9.61 MT/Day and 228.3 MT/Month. The municipality receives 4.96 MT of biodegradable 7 waste which is being segregated and sent to the MCCs and the compostable waste per month is 148.8 MT. The recyclable waste is separated and sent for recycling.
14.Latest and final report has been filed by the 5th respondent on 19.01.2024. In the report it is stated that there are two Micro Composting Centres in S. No. 244/3 with the capacity of 03MT each. The construction of the micro composting centres is complete and effective. The biodegradable waste of 4.96 MT are converted into manure and at present it is given to the farmers at free of cost. The non-biodegradable waste in which the unsold plastics of 1.8 MT is sent to the shopcare recyclable plastic company, Rasipuram and the amount collected from sold plastics of 1.5 MT is being disbursed to the sanitary workers. The domestic hazardous waste of 0.05 MT is sent to incinerators, the sanitary waste of 0.05 MT is sent to private agencies and the electronic waste of 0.05 MT is also sent to private agencies. The slit and other waste of 2.00 MT is used in landfill at the low laying areas. The details of the total waste is mentioned as follows:
Type of waste Disposal Quantity in MT
Wet waste All wet wastes are processed by 4.96
composting at 2 MCC's at
Keelchinnagoundampatty
Dry waste These waste are segregated as follows 4.65
Total 9.61
Dry Waste
Type of waste Disposal Quantity in MT
Saleable wastes Sanitary workers collect and sell 1.5
(Milk packets and them at the local recycle shops
coconut shells)
Non saleable waste These are bailed and sent to 1.8
(Non sale plastic) "shopcare Recyclable Factory",
Rasipuram
8
E-waste Sent to Leela Traders, Chennai 0.03
(Battery, wire, TV)
Domestic Hazardous Napkins, Diapers are incinerated 0.03
waste by the help of incinerators
(Diapers, Napkins)
Sanitary Waste It is disposed by Ramky 0.03
(tablet cover, syrup Agencies, Chennai
bottle)
Slit and other waste Landfill at Low-lying areas 1.2
(slit sand)
Total dry waste 4.65
15. It is also submitted in the report that the additional High-Power Committee for the SBM (2.0) group has approved biomining of 7346m3 of legacy waste and an estimate cost of Rs.57.00 lakhs is sanctioned by the Regional Director of Municipal Administration vide letter dated 26.12.2023. It is also stated that after receiving the sanctioned amount along with the tender process, the legacy waste will be fully removed from the said area.
16.Since 23.12.2022, several developments have taken in the case and the 5th respondent, Municipality also has filed several reports and complied with the directions issued by the Tribunal time to time.
17.To be noted is that from 23.12.2022 the Learned Counsel for the applicant is not appearing in the matter and on 19.01.2024, the Tribunal even directed to list the matter for dismissal on 24.01.2024. Even on 24.01.2024 there was no representation for the applicant.
18.As the grievance of the applicant has been addressed by the Municipality, we direct the 5th respondent to complete the process of 9 removing the legacy waste as undertaken by them and properly maintain the waste disposal and segregation process as per rules.
19.The 5th respondent, Tharamangalam Municipality is also directed to file a compliance report after 06 (six) months.
20.With the above directions, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.11/2022(SZ) 01st February, 2024. (AM) 10 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 11 of 2022 (SZ) C. Sengodan and Ors, Vs. Department of Environment, Forest and Climate change, Tamil Nadu & Ors.
O.A No. 11/2022(SZ) 01st February, 2024. (AM) 11