National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary Government Of ... on 9 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.7:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 71 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion SUO MOTU based
On the News item in The New Indian Express Newspaper,
Dated 10.02.2021, "Oil leak from titanium factory hits
Thiruvananthapuram coast, public barred from affected stretch" and
News item in the Hindu, dated: 10.02.2021,
"Furnace oil from Titanium Factory spills into sea" and
News item in Mathrubhumi, English Edition Dt. 10.02.2021,
"Glass furnace pipe bursts at Titanium factory in TVM, oil leaked to sea".
With
The Chief Secretary,
Government of Kerala,
Thiruvananthapuram and others.
...Respondent(s)
Date of hearing: 09.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Page 1 of 29
For Applicant(s): Suo Motu by Court.
For Respondent(s): M/s. Elakkiya V.M. represented
Mr. E.K. Kumaresan for R1 to R4, R7 & R8.
Ms. Niveditha S Menon represented
Mrs. V.K. Rema Smrithi for R5 & R6.
Mrs. D. Kamachi for R9.
Mr. Anand, Senior Advocate along with
M/s. Latha Anand for R10.
Mr. R. Thirunavukarasu for CPCB.
ORDER
1. As per order dated 25.01.2022, this Tribunal had considered the order passed on 09.06.2021 and extracted in Para (1) of the order and also considered the order passed on 13.08.2021 and extracted in Para (2) of the order and then, passed the following order:-
"3. The case was posted to 16.09.2021 for consideration of further reports and completion of pleadings. Thereafter, the matter has been adjourned from time to time by successive notification and lastly it was adjourned to today by notification dated 24.12.2021.
4. Quite unfortunately, the Committee has not filed any report so far and other respondents also have not filed their respective pleadings and Pollution Control Board has also not filed any further progress report in this regard. The project proponent also has not filed their detailed reply statement regarding the allegations made in the newspaper report and also steps taken by them to resolve the issue in respect of leak occurred in their factory.
5. Learned Counsel appearing for project proponent and Central Pollution Control Board wanted more time to enable them to file the independent statement and Joint Committee report.
6. Learned Counsel appearing for the Pollution Control Board also wanted some time for filing the report.
7. Expressing our displeasure against the official respondents for not filing the reports in time and not completing the pleadings, we grant some more time to the parties to complete the pleadings as well as Joint Page 2 of 29 Committee to file the report. They are directed to complete the pleadings and file the reports as directed on or before 17.02.2022 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 and get ready with the matter on 24.02.2022.
8. If they did not file the statements as directed, then this Tribunal will be compelled to pass appropriate orders including coercive orders against the officials for not complying with the directions of this Tribunal.
9. Registry is directed to communicate this order to the members of the Joint Committee and also the official respondents including the Chief Secretary and the Principal Secretary for Environment for their information and compliance of the directions."
2. The case was originally posted to 24.02.2022 for consideration of the Joint Committee report and further action taken report by the Pollution Control Board and also for completion of pleadings.
3. The 10th Respondent has filed their counter affidavit.
4. We have received the action taken report filed by the Additional Chief Secretary for Environment dated 02.02.2022, e-filed on 15.02.2022 which reads as follows:-
"Report on Oil Spillage from Travancore Titanium Products Limited - submitted to the Hon'ble NGT on behalf of the Respondents -1 to 4 in OA No. 71 of 2021
I Dr. Venu V. IAS, aged 57 years, S/o Vasudeva Panicker quarters No.6, Jawahar Nagar, Kowdiar, Thiruvananthapuram do hereby solemnly affirm and state as follows.
I am the Additional Chief Secretary, Environment Department , who is the 2nd respondent in the above Original Application. I am well conversant with the fact of the case and competent to swear to this rejoinder in my official capacity.
It is humbly submitted that, There was a furnace oil spillage in Tranvancore Titanium Products Limited (TTPL) on 10.02.2021 at about 7.40 am due to an oil line breakage. Unfortunately the discharge drain in the plant Page 3 of 29 going to the sea shore was just below the line and the spilled oil was carried away to the sea shore causing a major environmental incident. The problem was detected at around 7.50 am and the pump was immediately stopped. An estimated quantity of 4750 liters of the oil was spilled to the drain. Even though the drain was blocked immediately, some quantity of furnace oil was carried away to the sea shore.
2. On hearing the incident, officers from Kerala State Pollution Control Board rushed to the site immediately and the matter was communicated to the District Collector, Fire and Rescue Department, Indian Coast Guard, Vizhinjam and Indian Coast Guard, Kochi. On a preliminary enquiry it was observed that the oil spread extended upto Thumba (approximately 4.5 km stretch). Assistance of Coast Guard was requested to determine the extent of oil spill. Coast Guard authorities conducted an inspection and informed that the leakage had affected only the shoreline and this has not been carried to the deep sea. Samples of effluent and oily sand were collected from different points along the shore line and also from the source of discharge. The industry premises were also inspected and it was found that the discharge into the drain leading to the sea was completely stopped and the industry was instructed to carry out source level containment. The Kerala State Pollution Control Board was directed immediately to stop the functioning of the factory. The Board officials on inspection found that the pipeline carrying furnace oil had a leak which caused spillage of the same into the discharge drain of treated effluent leading to the sea.
3. District Collector who is the chairperson of the District Disaster Management Authority visited the site. Department of Fire and Rescue also visited the location. As the leakage had already spread to a large area, and as there was no threat of fire the department of Fire and Rescue official informed that no action was required from their end.
4. A hearing was conducted on 17.02.2021 in the chamber of Chairman, Kerala State Pollution Control Board, regarding the oil leakage from the factory and the factory officials were given directions to resume production only after removing the oil contaminated sand from the polluted stretch of shoreline, outlet inside the factory as well as the outlet drain leading to the sea. The company informed that the contaminated sludge from the outlet drain outside the company premises could not be removed due to public protests. On Page 4 of 29 24.02.2021 the Chief Environmental Engineer, Head Office and the Senior Environmental Engineer (Technical) Head Office conducted inspection to the unit. During the inspection it was observed that the company was installing on line pH meter at the effluent outlet. The drains, delay ponds etc. inside the premises were found to be cleaned. The excavated/cleaned sludge was deposited in a separate area in the company premises. All outlet drains, including storm water drains inside the unit were found to be sealed. On 01.03.2021 the Chief Environmental Engineer, Head Office and the Chief Environmental Engineer, Regional Office, Thiruvananthapuram conducted an inspection of the outlet outside the company premises. Oil contaminated sand and other materials such as bottles, wooden parts etc were found to be removed.
5. On 01.03.2021, after a meeting conducted by Deputy Collector, Thiruvananthapuram and the public of the locality, the company informed that the contaminated sand was removed from the drain from the outlet outside of the company. But the outlet was blocked by the public so that no effluent could pass through it. The company requested permission for restarting production at a reduced rate of 10 TPD of Titanium Dioxide and to operate the acid plant at 240 TPD on 04.03.2021 without letting any effluent discharge. Permission was granted for the trial run on 09.03.2021 for a period of 5 days with the condition that no effluent shall be discharged to outside of the company premises. The company informed that they had restarted production on 16.03.2021 for trial run purpose. Continuous monitoring was done by KSPCB team throughout the trial run. Unless the blocked effluent outlet is opened the company may not be able to discharge effluent to outside of the unit with the normal production rate. Now the Travancore Titanium Company has requested for permission to operate the plant with enhanced production of Titanium Dioxide. A report was submitted by the Environmental Engineer, District office Thiruvananthapuram on the trial run of the plant which specified the analysis results of pH levels of the treated effluent, oil and grease and suspended solids and the values were within permissible limits and there was no effluent discharge outside the company premises during the trial run period.
LOCATION AND NATURE OF ACCIDENT Accident in the form of furnace oil leak occurred in the factory compound of M/s. Travancore Titanium Products, Kochuveli, Thiruvananthapuram-695021. The leak occurred in the overhead pumping line Page 5 of 29 of furnace oil (to the boiler), which was going over the effluent discharge drain and it was dropped as a jet to the open drain which carries treated effluent. The open drain traverses a distance of around 200 meter before discharging into the seashore.
SEQUENCE OF EVENTS 10.12.21, 7.30AM: Pumping of furnace oil started (as reported by the unit). 07.50AM: Damage and leak in pipeline detected and pumping stopped (as reported by the unit) 08.00AM: Action taken for blocking the drains inside the unit. 08.30AM: Action taken for blocking the flow from the outlet point of the open drain into the sea but was stopped due to public protest. 04.00 PM to 11.30 PM: Removal of oil contaminated sand from various locations to the company premises and is being stored in leak proof area. 11.02.2021, 06.30AM to 01.03.2021, 01.00 PM: - Removal of oil contaminated sand from various locations (about 5000 kg was collected) to the company premises and stored in leak proof area.
Action Taken by the Government The Government constituted a committee consisting of Principal Secretary (II), Industries Department, Managing Director, Malabar Cements Ltd., Managing Director, Kerala Minerals and Metals Ltd to enquire into the leakage of furnace oil through drainage into the sea, vide GO(Rt)No.195/2021/I Ddated 12.02.2021.
2. The committee has submitted its report and Travancore Titanium Product Ltd has been directed to comply with the recommendations in the report. A copy of the report is submitted as Annexure I.
3. In this matter the Additional Chief Secretary, Environment conducted a meeting on 09.03.2021. In the meeting the Chairman, KSPCB informed that the company was closed following the furnace oil leak and now almost a month has elapsed since that incident. The company had removed all the oil contaminated sand along the shoreline and at the outlet. Inspection was also conducted recently from the District Office of the Board inside the factory premises to see that the instructions were complied and all maintenance works completed. The company requested for resumption of operation with one fourth production capacity of TiO2and the Board sanctioned the request. The meeting proposed a trial run for 5 days commencing from the day of resumption of operation is proposed which will be monitored by the Kerala State Pollution Page 6 of 29 Control Board, during which, samples of effluent and emission will be collected and analysed. If there is no discharge of treated effluent outside the premises during the trial run and the trial run is found to be successful Kerala State Pollution Control Board will revoke the restrictions imposed on the functioning of the unit. During the trial run there shall be no discharge of treated effluent outside the premises.
4. Managing Director, TTP informed in the meeting that the Factories and Boilers have conducted inspection of the factory and they are all set to start the trial run and has further ensured that all environmental norms will adhered to.
5. No immediate damage to human life and health was caused due to the incident. The extent of damage to the environment including land, soil, and marine environment is being assessed. Sand samples from various point of the contaminated stretch have been taken and sent for analysis.
6. Livelihood of fisherman in the locality has been affected for few days. The Chief Environmental Engineer, Regional Office, Thiruvananthapuram has requested the Department of Fisheries to assess and furnish are port on the extent of the marine wealth and fisheries families affected by the incident.
All the facts stated above are true to the best of Knowledge, belief and information Dated this 2nd day of February 2022."
5. The Kerala State Pollution Control Board filed their report dated 16.02.2022, e-filed on the same date which reads as follows:-
"Report filed by the Environmental Engineer, Kerala State Pollution Control Board (KSPCB) Regional Office, Ernakulam on behalf of the 5th respondent in the matter of Original Application No. 71/2021.
1. I, Mini Mary Sam, Environmental Engineer, Kerala State Pollution Control Board (KSPCB - hereinafter referred to as Board), Regional Office Ernakulam. I am representing the 5th respondent, the Chairman of the Board. I have been authorized to file report on behalf of the Chairman of KSPCB.Page 7 of 29
2. Following corrective actions are reported to be taken by TTPL Management.
Entire length of furnace oil pumping lines has been replaced with new lines.
Periodic ultra sounds testing for all metallic pipelines are carried on a regular basis.
Sharp bends in the pumping circuits are avoided as much as possible.
All furnace oil pumping line passing over drains are re-routed in such a way that lines are kept away from drains.
Furnace oil pumping lines are fitted with Pressure/flow switches and interlock has been installed with the furnace oil pump to shut the circuit off, in case of abnormal pressure fluctuations.
Distribution tank is fitted with Pneumatic valves and level indicators. Interlock has been installed with the furnace oil pump to shut the circuit off, if the volumes of furnace oil level are high.
Arrangements for shifting all pumping activities to distribution tank during pipe replacement have been taken.
Installation work of Surveillance cameras at critical locations completed. Quantitative Risk Assessment carried out in all petroleum storage facilities within the TTPL.
Pump performance test is carried out on a periodic basis and corresponding corrective actions taken on basis of test results.
Floor of pumping area is concreted with appropriate slop for draining of water/FO from the premises.
Dyke wall around FO storage tank is strengthened and made leak proof.
Electrical circuit of the pump has been shifted to a new MCC room.
Oil skimmer procured, training given to operating personnel and skimmer kept ready for use at all time.
Sealingarrangements provided are replaced with new one. Process optimization of ETP was taken to avoid suspended solids in ETP discharge.Page 8 of 29
Stopper is provided in gypsum separation to prevent gypsum from entering the drainage during rainy season. Drainage height has been increased.
In house/refresher training regarding the standard operating procedures is given to all operating staffs.
Disciplinary actions are taken against the personnel not adhering to the SOPs and safety protocols followed in TTPL.
Surveillance cameras are installed at critical locations.
3. An Inspection was conducted by the Board officials on 16/08/2021 at the premises of the unit and outlet. During the inspection, it was noted that online pH meters were provided at the delay pond as well as in the drain (within the premises) connecting to the discharge point. Blockage in the drain leading to the authorized outlet was found to be cleared. M/s TTPL has requested on 31/05/2021 to grant permission to enhance production to the consented capacity of 45 TPD from 30 TPD. Based on this, an inspection was conducted from District Office of the Board on 07/07/2021 and samples of treated effluent had been collected. Analysis reports of treated effluent showed that the parameters are within the prescribed limit. In light of the above, on 03.09.2021, the company was granted permission to enhance the production of Titanium Dioxide to consented capacity of 45TPD with strict compliance to conditions of installing Online pH meter in the outlet drain with a provision for automatic pH correction as well as monitoring of pH in the delay pond along with that of the drain at frequent intervals in a day, to ensure that the effluent is fully neutralized. Online pH meter was found to be installed during subsequent inspection.
All stated above are true to the best of my knowledge, information and belief.
Dated this the 16th day of February 2022."
6. The Joint Committee also filed a report through the Central Pollution Control Board on 18.02.2022, e-filed on 19.02.2022 which reads as follows:-
Page 9 of 29"JOINT COMMITTEE REPORT SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN THE MATTER OF O.A. NO. 71/2021 - TRIBUNAL ON ITS OWN MOTION-SUO MOTU BASED ON THE NEWS ITEMS ON OIL LEAK INTO SEASHORE FROM M/S. TRAVANCORE TITANIUM (P) LTD.
1.0 Preamble:
The Hon‟ble NGT moved an application on its own taking SUO MOTU cognizance, based on the News items in The New Indian Express Newspaper, dated 10.02.2021, "Oil leak from titanium factory hits Thiruvananthapuram coast, public barred from affected stretch" and News item in the Hindu, dated:
10.02.2021, "Furnace oil from Titanium Factory spills into sea" and News item in Mathrubhumi, English Edition Dt. 10.02.2021, "Glass furnace pipe bursts at Titanium factory in TVM, oil leaked to sea"
While hearing the matter on 17.02.2021, Hon‟ble NGT had issued the following directions:
"......In order to ascertain the real nature of issue and damage caused to the environment, we feel it appropriate to appoint a Joint Committee comprising of (1) The District Collector, Thiruvanthapuram District, (2) a Senior Scientist from Kerala State Pollution Control Board (KSPCB), (3) a Senior Officer from Tamil Nadu Coastal Zone Management Authority (TNCZMA) (4) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Bangalore and (5) a Senior Scientist from5 National Institute of Ocean Technology (NIOT), Chennai to inspect the are in question and submit a factual as well as action taken report including imposition of environmental compensation and the remedial measures for restoring the damage caused to marine ecology and the extent of oil spill in the sea, the nature of damage caused to the aquatic and marine life and the remedial measures to restore the same to its original position and also to assess the environmental compensation, if there is any violation found in carrying out the operation by the 10th respondent and whether they are having all safety measures and complying with the conditions imposed in the permissions and consent that has been obtained for this purpose and whether proper maintenance is being done by them and if further improvement is required, Page 10 of 29 suggest the improvement which they will have to carry out for the purpose for avoiding such things happening in future."
Since CPCB, Regional Directorate was identified as the Nodal agency by the Tribunal, in compliance to the directions as above, CPCB, R.D, Bengaluru vide letterNo. F.Tech39/Legal/RDS/2020-21 dated 02/03/2021 requested the concerned Departments/Authorities to nominate senior officials to the Committee for the completion of the task as directed by the Hon‟ble Tribunal.
The Hon'ble Tribunal further reconstituted the Joint Committee by order dated 09.07.2021 as per the memo filed by CPCB to resolve the administrative constraints by replacing Tamil Nadu CZMA with Kerala CZMA and instructed the office of the District collector for nominating concerned official at the earliest. Accordingly nominations were again sought from the remaining members and the Joint Committee was constituted and further actions were planned.
2.0 Site visit by the Joint Committee:
Upon the receipt of nominations from all the members of the Joint Committee, site visit at M/s. Travancore Titanium Products Ltd. (TTPL) and premises was planned and completed at shortest possible time on 15.07.2021. The following members of the Committee were present during the visit;
1. Sh. Suneel Pamidi, IFS, Director DoECC & Member Secretary, KCZMA
2. Sh. Kiran. A. S Scientist E, NIOT, Chennai (representing Dr. (Smt.) Vijaya Ravichandran, Scientist G, NIOT)
3. Sh. P. K. Baburajan, CEE, KSPCB, Thiruvananthapuram
4. Sh. Vineeth T. K, Dy. Collector (Disaster Management), Thiruvanathapuram
5. Sh. Vivek. K, Scientist D/SEE, CPCB, RD, Bengaluru Additionally, Sh. S Shaji, Tahasildar, Thiruvananthapuram was also present during the visit as part of district administration.
The concerned officials of M/s. TTPL were also present during the visit as under; 1. Sh. George Ninan - Managing Director 2. Sh. P Pradeep Kumar - General Manager (T) 3. Sh. S. Perumal - DGM (P) 4. Sh. R Vinod - HoD (S&E) The Joint Committee members had detailed deliberations on the oil leakage incident, causes and impact on surrounding environment, preventive actions Page 11 of 29 taken after the incident and on-going actions by other agencies and departments. The Committee members also conducted a detailed inspection of the plant, furnace oil storage section, drains through which the oil leak reached the seashore etc. The Joint Committee members also visited the confluence of the drain reaching the seashore, through which leaked furnace oil had reached the sea and collected sea shore soil samples (03 locations) and water samples from the drain and coast and the same was handed to KSPCB Central Laboratory, Cochin for required analysis. The TTPL representatives were also requested to provide additional information and documents, including previous EIA study report etc. for the preparation of a detailed report, as desired by the Hon‟ble Tribunal. The list attendees of the site visit is placed at Annexure 1.
The soil and water samples collected by the Committee were handed over to Kerala SPCB for the analysis of relevant parameters. The analysis of the samples took more time than expected, due to the renovation works which were going on at the Central Lab, KSPCB, Ernakulam. The analysis of the samples were completed finally through a third party private laboratory and on receipt of the results, the Joint Committee had another meeting on 20.09.2021 to discuss and analyse the results. After the discussions, it was decided by the Committee that a few reference soil samples from little far away distances shall also be collected and analysed for oil & grease parameter so as to correlate with the earlier results. Accordingly, KSPCB was requested to carry out the reference sampling and the same was completed by KSPCB on 18.10.2021.The analysis of the samples collected at four (04) locations were completed by the Central Laboratory, KSPCB and results were provided to the Committee. The details of the site visit and the discussions and inferences of the Joint Committee including the analysis results are given in the following sections.
3.1 Back ground on M/s. Travancore Titanium Products Limited (TTPL):
M/s. TTPL is a public sector company (PSU) under the ownership of State Government of Kerala and established in the year 1946. The production commenced in the year 1952 at a rate of 5 Tonnes per day of Titanium dioxide from ilmenite ore (ilmenite is the titanium-iron oxide mineral) through sulphate process using sulphuric acid. At present, as per the consent issued in the year 2018 by KSPCB, the unit is consented to produce 45 TPD of Anatase Page 12 of 29 grade Titanium dioxide. The major source of water for the unit is tube wells (2 nos.), water supplied by Kerala Water Authority (KWA) and natural canal. The unit consumes approximately 6 MLD of water per day for process, cooling and domestic purpose and generates approximately 3.5 MLD of effluent. Unit has installed an ETP consisting Neutralisation plant, Micro filtration cum Reverse Osmosis plant etc. for recycle of the effluent back in the plant. As per the Consent order issued, unit is still having permission to discharge some part of the treated effluent into sea. Copy of the consent order is placed at Annexure 1 A. CPCB had earlier issued closure direction under section 5 of E (P) Act, 1986 to the unit on May 18, 2017, based on the observations & recommendations made by the inspecting team of CPCB on the inadequacy of effluent treatment system during a public complaint investigation. The directions were temporarily stayed by the Hon‟ble High Court of Kerala and subsequently CPCB had revoked the closure directions, after verifying the compliance status and the action taken report by the unit.
3.2 Details of Oil Spillage incident:
As per the information and records made available, the furnace oil spillage from the unit happened on 10.02.2021 at about 7.40am due to a breakage in the oil pipe line. The furnace oil is pumped from the storage tank, located outside the plant premises, to the boiler in the plant through a pipeline and some part of the pipeline is passing as overhead line within the plant. A leakage happened in the overhead line and the leaked oil reached the underneath drain within the plant, which ultimately meets the drain outside the unit leading to seashore. As per the unit representatives, the leakage was stopped before long, on notice, however till that time, approximately 4750 litres of furnace oil leaked into the internal drains and to the effluent drains and some quantity had spread to the sea shore. The records indicate that approximately 2500 litres of oil were collected from the internal drains of the company and the rest of the quantity had reached to the sea shore.
During the site visit, the Committee members inspected the unit premises including the furnace oil tanks, internal drains, the outside drain reaching the seashore. The internal drains appeared to be cleared of oil spillages. The outside drain connecting to the seashore is passing through a coconut field (acquired by the unit) and traversing below coastal road through culverts, before Page 13 of 29 reaching the seashore. The total distance of the outside drain and the sea shore channel is appropriately 150m. It was observed that the drains has been physically blocked by constructing a temporary wall just after the culvert, before joining the sea shore. A small stream of water was found flowing at this point. The Committee collected samples of this stream, as well as water sample from the sea shore. Further sand samples were collected from the seashore, at the confluence of the drain joining seashore and both North and South side of the confluence point. The relevant photographs taken during the visit are placed at Annexure 2. As already detailed above, KSPCB had collected few reference samples afterwards on 18.10.2021, as desired by the Committee. The analysis results of the samples collected during the Committee visit and afterwards by KSPCB are depicted below.
a. Water sample results - collected on 15.07.2021
S. Name of the Parameter with unit Sampling locations
No
04 03
(Stream from drain) (Sea Water
sample)
1. pH 6.8 6.7
2. TSS, mg/L 60.1 92
3. Acidity, mg/L 256 16
4. Oil & Grease, mg/L BDL BDL
5. Hexavalent Chromium, mg/L BDL BDL
6. Total Chromium, mg/L BDL BDL
7. Copper, mg/L BDL BDL
8. Cadmium, mg/L BDL BDL
9. Iron, mg/L 3.52 0.27
10. Manganese, mg/L 0.23 0.06
Page 14 of 29
11. Nickel, mg/L BDL BDL
12. Lead ,mg/L BDL BDL
13. Zinc, mg/L 0.04 0.07
14. Arsenic, mg/L BDL BDL
15. Titanium, mg/L 0.02 BDL
16. Vanadium, mg/L BDL BDL
b. Soil sample results - collected on 15.07.2021
S. Name of Sampling locations
No the Parameter
01 02 03
with unit
(Sediment (Sediment (Sediment
sample sample sample
from from conflue from South side
South side nce) of confluence)
of
confluence)
1. Oil & Grease, 135.88 154.66 180.05
ppm
2. Hexavalent BDL BDL BDL
Chromium, mg/
Kg
3. Total Chromium, 10.8 33.6 20.0
mg/Kg
4. Copper, mg/Kg 3.0 4.4 4.2
5. Cadmium, mg/Kg BDL BDL BDL
6. Iron, mg/Kg 3110.0 6220.0 4140.0
Page 15 of 29
7. Manganese, 7.2 14.2 11.0
mg/Kg
8. Nickel, mg/Kg BDL BDL BDL
9. Lead , mg/Kg 2.4 13.6 7.0
10. Zinc, mg/Kg 22.4 5.4 3.6
11. Arsenic, mg/Kg BDL BDL BDL
12. Titanium, mg/Kg 176.4 493.0 369
13. Vanadium, mg/Kg 9.8 19.0 13.2
c. Soil sample results - collected on 18.10.2021
S. Name of Sampling locations
the Para
SD 01 SD 02 SD 03 SD 04
N meter
(Sediment sam (Sediment sam (Sediment sa (Sediment sa
o with unit
ple, 0.5 km ple, 1.0 km mple, mple,
from from 0.5 km 1.0 km
confluence to confluence to from from
wards wards confluence tow confluence tow
South ) South ) ards ards
North) North)
1 Oil & 66.9 15.1 12.5 7.7
. Grease,
mg/Kg
3.3 Inferences on analysis results:
∙ The water samples collected during the visit does not contain traces of oil & grease.
∙ The soil samples collected on 15.07.2021, immediately at the confluence and nearby locations to the South and North sides indicate traces of Oil & Grease content, which might have been percolated due to the porous nature of Page 16 of 29 sand. The soil samples also contain relatively higher values of Heavy metals such as Iron, Titanium etc. which can be attributed to the historical effluent discharge practise, as these elements are expected in the effluent generated by the unit.
∙ The soil samples collected on 18.10.2021, at little far away distances from the confluence of the channel to sea shore, one km towards the South and North sides also indicate traces of Oil & Grease content, lesser than the confluence points. It indicates that some oil content have been brought back to the shore by the tidal waves and might have percolated in the sand. Copy of the analysis results are attached as Annexure 3.
4.0 Impact of the incident on surrounding environment:
The general impacts of the leakage/spillage of oil waste in shoreline or coast is expected due to interactions with sediments such as beach sand and gravel, rocks and boulders, vegetation, and terrestrial habitats. Beach sand and gravel contaminated with oil may be unable to protect and nurture normal vegetation and populations of the substrate biomass. Waves, water currents, and wind move the oil onto shore with the surf and tide. Oil spills, if reaching deep sea also present the potential for harm to deep sea and coastal fishing and fisheries. The immediate effects of oil waste contamination may be mass mortality and contamination of fish and other food species. Commercial fishing enterprises may also be affected permanently.
The expected hazards for aquatic/marine life include toxic effects of exposure or ingestion, injuries such as smothering and deterioration of thermal insulation, and damage to their reproductive systems and behaviours. Oil waste may also contaminate the sensitive marine and coastal organic substrate, interrupting the food chain on which fish and sea creatures depend, and on which their reproductive success is based. Long-term ecological effects that contaminate or destroy the marine organic substrate and thereby interrupt the food chain are also harmful to the wildlife, so species populations may change or disappear. Another expected impact of such incidents are on recreational activities. Coastal areas are usually thickly populated and attract many recreational activities and related facilities that have been developed for fishing, boating, swimming, nature parks and preserves, beaches etc. and other resident and tourist attractions. Oil waste that invades and pollutes these areas and Page 17 of 29 negatively affects human activities can have devastating and long-term effects on the local economy and society.
The furnace oil leaked from M/s. TTPL can be largely categorised as Group 3:
Medium Oils (Most Crude Oils, IFO 180) (Ref - Reports by National Oceanic and Atmospheric Administration, US Department of Commerce). As per this categorization, such oil spillages generally exhibits; ∙ About one-third will evaporate within 24 hours.
∙ Oil contamination of intertidal areas can be severe and long-term. ∙ Oil impacts to waterfowl and fur-bearing mammals can be severe. ∙ Cleanup is most effective if conducted quickly.
In the instant case of oil spillage from M/s. TTPL, the quantity of oil which spilled into the sea shore is considerably less and hence might not lead to much long term impact on the coastal environment. A copy of the report from the Indian Coast Guard Assistant Commandant Station Ops Officer dated 11.02.2021, next day of the incident, indicates that as per the extensive monitoring carried out by Indian Coast Guard vessels at far & close coast proximities, traces of oil were not observed in the sea. It has to be inferred that the spread of furnace oil was majorly limited to the sea shore and much impact on the marine life is not expected. The coast guard report also indicates that Shore/beach cleaning and removal of contaminated sand was in progress during that time. Copy of the report from coast guard is placed at Annexure 4.
As far as the impact of lively hood of local fishermen is concerned, it was informed to the Committee that an advisory was issued to the local fisherman by District Administration, not to carry out fishing for two days, immediately after the incident. As per the records available with local administration, fish kill or other immediate impact on the aquatic species were not observed or reported due to the incident.
The oil leakage had resulted in the formation and appearance of oil slurries in the sea shore, extending to few kilometres from the discharge channel and reportedly, the oil slurry and contaminated sand were removed from the sea shore on the next few days the incident and as and when on its appearance, afterwards. However, long term effect on the recreational activities and related facilities of the nearby coastal areas is not reported. The KSPCB had also carried out some sampling of the bore wells in the vicinity of the plant and seashore during April, 2021 and the reports does not Page 18 of 29 indicate oil contamination in the ground water. However the analysis results of the sea shore samples, collected by the Committee and afterwards by KSPCB, detailed in previous para, indicates the presence of oil & grease particles in the sea shore, even at 1 km distance from the channel through which oil leakage reached the sea shore. The porous nature of the soil shall result in the capture of some quantity of oil particle, which have not yet evaporated out to the atmosphere.
4.1 Actions taken by the unit and other local authorities after the incident:
As per the records and information available, some immediate actions were initiated by the unit and in coordination with the local govt. authorities. The internal drain from the unit was blocked to contain further flow of furnace oil to outside drain. The concerned officers from KSPCB, District administration, Fire and Rescue Department, Indian Coast Guard etc visited the site immediately and coordinated for the immediate clean up measures. As informed to the Committee, the shore cleanup activities and removal of oil contaminated sand was initiated on the next day only, as there was protests from the local fishermen and residents regarding the impact of the incident. It is reported that, a preliminary inquiry revealed that oil spread extended up to „Thumba‟ (approximately 4.5 km stretch) from the discharge channel near the unit.
As per the records, soil from the seashore, contaminated with the leaked oil to the tune of 22.27 MT has been recovered and sent to the TSDF (Treatment, Storage and Disposal facility) located at Kochi for disposal through landfill. As per the analysis report of the contaminated soil, the oil content in the transported contaminated soil is 4.67% by weight, which indicates that approximately 01 tonne of oil has been removed. Further the furnace oil collected from the internal drains of the unit has been sent to the authorised used oil recycler. The amount of oil transported is 2.5 KL approximately, as per HW manifest. The manifests for the transportation of the recovered oil and contaminated sand was verified and copies are attached as Annexure 5.
During the visit of the Committee, it was observed that the unit has replaced the pipeline used for transportation of the furnace oil from the storage tank to the boiler. However some of the other recommendations, made by the Committee constituted by the Government of Kerala under the chairmanship of the Principal Secretary, Industries Department and other concerned members are yet to be Page 19 of 29 fully implemented by the unit. It was informed by the unit that the same is in process and shall be completed.
The details of all the actions initiated by the concerned State Government departments including KSPCB has already been reported in detail before the Hon‟ble Tribunal and the same are not repeated in the report for the sake of brevity.
4.2 Compliance to the related regulations by the unit:
As per the records made available, the unit was functioning with valid consent/approval from the various departments such as KSPCB, Factories & Boilers, Local administration etc. An onsite emergency plan with the provisional approval from the Director, Factories & Boilers dated 25.10.2018 is in practise at the unit, as per records. However on going through the onsite emergency plan, it is observed that the scenario/situation of furnace oil leakage into the seashore has not been identified and emergency measures have not been specified. Considering the proximity of the unit to the sea shore and existence of effluent drain, the onsite emergency plan needs to be revisited to incorporate such scenario of leakages of furnace oil or other chemicals into the seashore. Copy of the onsite emergency plan is attached as Annexure 6.
As per the coastal regulation zone (CRZ) map of Thiruvananthapuram district, the unit premises comes under CRZ category II. As per the available information, unit has not obtained the required clearance under CRZ rules for the disposal of the effluent into the sea.
4.3 Environmental damage and compensation calculation:
The methodology followed by CPCB, as accepted by the Hon‟ble Tribunal for the imposition of environmental compensation based on the formula developed is depending on the period of noncompliance to specified environmental norms and standards. Since the incident at M/s. TTPL was an instant accident, such compensation calculation shall not be relevant and hence not attempted. In such cases the cost of environmental damages and remediation shall be relevant as environmental cost. The environmental damages essentially includes restoration/ rehabilitation expenses, fine/ penalty/ financial deterrent for the activities which caused the environmental damages and the expenses incurred for identifying the extent of environmental degradation.
There a few approached adopted as standard practises for the damage assessment such as the equivalency method where environmental Page 20 of 29 indexes/markers and appropriate restorations methods are used as representative cases. Another method used is the habitat equivalency analysis (HEA), which represents ecosystem stability assessment and the expenses/ compensation to be recovered for restoration of habitat as a whole as well as the services previously rendered by those areas back to the baseline conditions are calculated according to the relevant economic methodology. However due to the complicated conception of ecosystems and variations in significant indexes or markers of environmental damage and unavailability of baseline data, it is not possible to assess the damages using these practices and hence the same was not attempted. It may also be noted that the quantity of the furnace oil reaching the sea shore is comparatively very less compared to the tanker accidents/ship wreck incidences, for which such damage assessment is done usually.
In the instant case of oil leakage from TTPL, Committee made an assessment of the costs incurred for the immediate clean up and disposal of contaminated sand. As per the copy of statement provided by the unit representative, approximately 9.53 Lakh Rupees has been spent by the unit for the shore clean- up activities, including labour charges, disbursement of amount to local fishermen and hiring of vehicles etc. Copy is placed at Annexure 7. Further as per the copy of the manifest provided an amount of Rs. 1.33 lakhs have been paid to the TSDF operator for disposal of contaminated sand. On account of the loss of livelihood for the local fisherman community, the District Administration had convened a meeting on 26/02/2021 with the representatives of fishermen and M/s TTPL, whereby it was decided that as the District Administration had prohibited the fishermen to go to the Sea following the oil spill for two days, it had caused economic loss to the fishermen whose livelihood solely depend on fishing and allied activities, and hence they had to be adequately compensated for the loss of work on the days of prohibition. M/s Travancore Titanium Products Ltd agreed to compensate 902 fishermen at the rate of Rs. 200 per person based on the compensation amount fixed by the Government during the loss of livelihood on account of natural calamities. Later the union representatives of fishermen claimed that the compensation amount was meagre and demanded for higher amount as compensation, following which, the District Administration discussed the matter with the Office of the Deputy Director of Fisheries. The Deputy Director of Fisheries conveyed that a compensation of Rs. 700 per person per day would suffice.Page 21 of 29
District Administration has asked M/s Travancore Titanium Products Ltd to consider the payment of aforementioned sum (6.3 Lakh Rupees approax.) to the fishermen at the earliest and the same is in process.
The committee also feels that the long term monitoring of the impact on coast line including marine ecosystem due to the incident, as well the historical practice of effluent discharge, shall be taken up by the unit in consultation with reputed institutes. Under these circumstances, it is felt by the Committee that fixing of an arbitrary penalty for the negligence which led to the accident shall be left to the wisdom of the Hon‟ble Tribunal.
5.0 Recommendations for avoiding such incidents and improvement of environment management:
Based on the observations made by the Committee, records verified and the analysis results of the sample collected during the visit, the Committee comes up with the following conclusions and recommendations; A. With respect to the incident of oil leakage which happened due to negligence in assessing the pipeline for damages, as part of routine safety audits, the following steps needs to be implemented by the unit to avoid such incidents in future;
∙ The periodic assessment of Pipe Integrity (including internal crack, corrosion and erosion) has to be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
∙ The onsite emergency plan needs to be revisited to incorporate such scenarios of leakages of furnace oil or other chemicals into the seashore considering the proximity of the unit to the sea shore and existence of effluent drain.
∙ The unit shall install automatic leak detection and cut-off systems to avoid such leakages and should implement the recommendations made by the Committee constituted by Govt. of Kerala, without further delay. B. With respect to the overall improvement in environment management and assessment of long term impact of the oil leakage as well the historical practise of effluent discharge on the coast line including marine ecosystem, the unit shall take up a detailed long term study in consultation with reputed institutes in this field (Fisheries & Marine ecology) in line with the Page 22 of 29 internationally accepted systematic methods for surveying an affected shoreline after an oil spill such as Shoreline Clean up and Assessment Technique (SCAT). C. The analysis results indicate presence of traces of oil & Grease still in the sea shore sand samples and a detailed investigation and risk assessment study for remediation of sea shore shall be carried out to assess the impacts occurring from activities handling oil and grease, acid etc. and extent of damage (spatial) to environment, ecology and livelihoods estimated. Based on these estimates, emergency response procedures (ERP) shall be developed and costs assigned in the annual budget for monitoring the ERP. In this regard, the entire expenditure for the investigation, risk assessment study and remediation shall be borne by the unit.
D. Considering that the unit has installed systems such as MFRO which facilitates reuse of treated effluent, the practise of discharge of effluent to the sea shore shall be discontinued by the unit. KSPCB may consider amendment of the Consent conditions to this extent after ensuring that reject management systems are installed by the unit to achieve Zero Liquid Discharge status. E. The unit shall comply with the CRZ notifications and obtain the necessary clearances from KCZMA as per the regulations."
7. The Kerala State Coastal Zone Management Authority has filed their status report dated 19.02.2022, e-filed on 21.02.2022 which reads as follows:-
"Status Report on the action taken by KCZMA in
0.A.No.71/2021 of Hon'ble NGT (SZ) Chennai regarding the oil leakage from Travancore Titanium The Hon ble NGT in its order dated 17.02.2021, constituted a Joint Committee comprising of (1)The District Collector, Thiruvananthapuram District, (2) a Senior Scientist from Kerala State Pollution Control Board (KSPCB), (3) a Senior Officer from Tamil Nadu Coastal Zone Management Authority (TNCZMA), (4) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Bangalore and (5) a Page 23 of 29 Senior Scientist from 5 National Institute of Ocean Technology (NIOT), Chennai to inspect the area in question and submit a factual as well as action taken report including imposition of environmental compensation and the remedial measures for restoring the damage caused to marine ecology and the extent of oil spill in the sea, the nature of damage caused to the aquatic and marine life and the remedial measures to restore the same to its original position and also to assess the environmental compensation, if there is any violation found in carrying out the operation by the 10th respondent and whether they are having all safety measures and complying with the conditions imposed in the permissions and consent that has been obtained for this purpose and whether proper maintenance is being done by them and if further improvement is required, suggest the improvement which they will have to carry out for the purpose for avoiding such things happening in future. The Central Pollution Control Board (CPCB), Regional Office, Bangalore is the nodal agency for co-ordination and for providing necessary logistics for this purpose. The Chief Secretary directed the Secretary, Environment Department to call for a meeting of all respondents by the 2nd week of March 2021 to assess the situation and to learn the views of all Stakeholders.
The Chief Secretary also authorized the Secretary, Environment Department to coordinate and give necessary assistance to the committee members for carrying out their work in an effective manner and submit the report before the Tribunal. Vide Letter No.TTP/MD/GOVT/67/2021 dated 15.03.2021, Travancore Titanium Products Limited submitted the modified Action Taken Report.
The All India Performance Audit team on 'Conservation of Marine Ecosystem‟ conducted a Joint Physical verification on the factory premise of Travancore Titanium Products Limited (TTPL), Thiruvananthapuram and at the effluent discharge point of TTPL at Veli beach in Thiruvananthapuram on 07-07-2021. The Principal Accountant General, Audit has observed in the draft audit report that the Travancore Titanium Products Ltd, Thiruvananthapuram is situated within a radius of 500 m from the sea which falls under CRZ area and has not taken permission from KCZMA for the operation of the Phase II project. A report was called for from the Managing Director, Travancore Titanium Limited for not obtaining CRZ clearance/permission from KCZMA Vide letter dated 27.07.2021.
Page 24 of 29Vide letter No. TTPL/S&E/21/384 dated 10.09.2021 the Managing Director, Travancore Titanium Ltd. submitted a report that they have only Environmental Clearance for Phase I of the Project. For phase II, the company has deferred the project due to lack of funds and hence they did not seek permission from KCZMA. The Company clarified that there was no major expansion of the production activities since 1975. The first CRZ Notification was issued on 19th February, 1991.
The TTPL has not submitted an application to KCZMA for CRZ Clearance. The TTPL only assured that prior permission shall be taken from KCZMA for all construction/alteration work in the future.
The Audit memorandum regarding Environmental Clearance issued to TTPL and the explanation of TTPL was placed in the 119th meeting of KCZMA. And as per decision No.119.06.03 of 119th meeting of KCZMA, the Authority directed the Project Proponent to submit the application to KCZMA for obtaining CRZ clearance. Vide letter no. 1267/A2/2021/KCZMA dt.07.02.2022 the decision was conveyed to the Managing Director, Travancore Titanium Limited for further necessary action in this regard.
This may be brought to the notice of the Hon'ble NGT."
8. The District Collector - Thiruvananthapuram District through the Deputy Collector filed the report dated 16.02.2022, e-filed on 23.02.2022 which reads as follows:-
"DDMA /01/2021/Oil Spill Dated: 16/02/2022 The Advocate General Kerala, Ernakulam Sir, Sub : OA N0-71/2021(SZ) filed before Hon'ble National Green Tribunal Statement submitting - reg Ref: Letter No: SN2 OA -71/2021 of Advocate General Kerala dated - 21/01/2022 Page 25 of 29 Kind attention is invited to the reference cited. With regard to the above case a detailed statement was submitted vide reference cited. The following facts are also submitting in respect of the above case.
The Hon'ble National Green Tribunal Southern Zone, Chennai in its order dated 17/02/2021 appointed a Joint Committee comprising of (1) The District Collector, TVPM (2) a Senior Scientist from Kerala State Pollution Control Board (KSPCB), (3) a Senior Officer from Tamil Nadu Coastal Zone Management Authority, (4) a Senior Scientist from CPCB, Regional office, Bangalore and (5) a Senior Scientist from National Institute of Ocean Technology (NIOT), Chennai to inspect the area in question and submit a factual as well as actions taken report including imposition of environmental compensation and the remedial measures for restoring the damage caused to marine ecology and the extent of oil spill in the sea etc. due to furnace oil spillage in Travancore Titanium Products Limited (ITPL) on 10/02/2021. The Central Pollution Control Board, Regional Office, Bangalore is the nodal agency appointed for co-ordination and for providing necessary logistics for this purpose. As directed by the Hon'ble Tribunal Sri. Vineeth T K, Deputy Collector (Disaster Management), Thiruvananthapuram was nominated by the District Collector, Thiruvananthapuram. This was intimated to the Regional Director of CPCB. The joint committee members visited the premises of TTPI, on 15/07/2021 and inspected areas concerned.
The Deputy Collector (DM) of Thiruvananthpuram was present with the team during the inspection and samples were collected from the site for analysis. All the available documents required by CPCB for the preparation of report has been provided from this office. It is humbly brought to the notice of Hon'ble Tribunal that multiple samples were taken for scrutiny for and sent by CPCB for Laboratory analysis which caused the delay in preparing and submitting the report.
This office is in constant touch with CPCB with regard to the submission of the concerned report and has assured that it will be submitted at the earliest without any delay.
Besides this it is also hereby brought to the notice of the Hon'ble Tribunal that this office had convened a meeting on 26/02/2021 with the representatives of fishermen representatives of M/s Travancore Titanium Products Ltd, whereby it was decided that as the District Administration had Page 26 of 29 prohibited the fishermen to go to the Sea following the afore mentioned oil spill for two days, it had caused economic loss to the fishermen whose livelihood solely depend on fishing and allied activities, and hence they had to be adequately compensated for the loss of work on the days of prohibition. M/s Travancore Titanium Products Ltd. agreed to the matter and agreed to provide Rs.200 per person for the days on which the fishermen could not venture out to the sea. However the union representatives of fishermen claimed that the compensation amount was meagre and demanded for higher amount as compensation following which the District Administration discussed the matter with the Office of the Deputy Director of Fisheries. The Deputy Director of fisheries conveyed that a compensation of Rs. 700 per person per day would be suffice. This office has asked M/s Travancore Titanium Products Lid to consider of the payment of aforementioned um to the fishermen at the earliest.
In the above circumstances, the facts stated above may please be brought to the notice of Hon'ble National Green Tribunal."
9. The learned Senior Counsel Mr. Anand representing the Project Proponent wanted some time to file their objections to the Joint Committee report and also various reports submitted by the authorities.
10. The Joint Committee has expressed their inability to arrive at the compensation, though they have mentioned in the report that on account of spillage of oil from the unit, some damage has been caused to the shoreline. They also mentioned that it was not restored to its original position so far and it would take some time. If that be the case, the Joint Committee can give the details regarding the nature of damage caused, how far it affected the aquatic life and the fishermen Page 27 of 29 community in that area and how long it will take to restore the same to its original position and they are also directed to recommend the nature of restoration work to be carried out by the project proponent to restore the damage caused to the environment and on that basis, they can assess the compensation. If they are not able to assess the compensation, the Joint Committee is directed to submit the above details before this Tribunal, so that the Tribunal can consider the question of compensation (if any) to be payable by the project proponent on account of the damage caused to the environment.
11. The Joint Committee as well as the parties are directed to file their further report and objections respectively and the State Coastal Zone Management Authority is also directed to file a further report after the meeting said to have been convened by them, on or before 12.04.2022 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.
12. The Registry is directed to communicate this order to the members of the Joint Committee and also to the official respondents by e-mail for their information and compliance of directions.
Page 28 of 2913. For filing objections (if any) to the reports already filed and consideration of further report, post on 12.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.71/2021 (SZ) 09th March 2022. Mn.
Page 29 of 29